Rep. Karen A. Yarbrough

Filed: 4/11/2011

 

 


 

 


 
09700HB0927ham002LRB097 03747 RLC 54247 a

1
AMENDMENT TO HOUSE BILL 927

2    AMENDMENT NO. ______. Amend House Bill 927 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 110-7 and 110-8 as follows:
 
6    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
7    Sec. 110-7. Deposit of Bail Security.
8    (a) The person for whom bail has been set shall execute the
9bail bond and deposit with the clerk of the court before which
10the proceeding is pending a sum of money equal to 10% of the
11bail, but in no event shall such deposit be less than $25. The
12clerk of the court shall provide a space on each form for a
13person other than the accused who has provided the money for
14the posting of bail to so indicate and a space signed by an
15accused who has executed the bail bond indicating whether a
16person other than the accused has provided the money for the

 

 

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1posting of bail. The form shall also include a written notice
2to such person who has provided the defendant with the money
3for the posting of bail indicating that the bail may be used to
4pay costs, attorney's fees, fines, or other purposes authorized
5by the court and if the defendant fails to comply with the
6conditions of the bail bond, the court shall enter an order
7declaring the bail to be forfeited. The written notice must be:
8(1) distinguishable from the surrounding text; (2) in bold type
9or underscored; and (3) in a type size at least 2 points larger
10than the surrounding type. When a person for whom bail has been
11set is charged with an offense under the Illinois Controlled
12Substances Act or the Methamphetamine Control and Community
13Protection Act which is a Class X felony, or making a terrorist
14threat in violation of Section 29D-20 of the Criminal Code of
151961 or an attempt to commit the offense of making a terrorist
16threat, the court may require the defendant to deposit a sum
17equal to 100% of the bail. Where any person is charged with a
18forcible felony while free on bail and is the subject of
19proceedings under Section 109-3 of this Code the judge
20conducting the preliminary examination may also conduct a
21hearing upon the application of the State pursuant to the
22provisions of Section 110-6 of this Code to increase or revoke
23the bail for that person's prior alleged offense.
24    (b) Upon depositing this sum and any bond fee authorized by
25law, the person shall be released from custody subject to the
26conditions of the bail bond.

 

 

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1    (c) Once bail has been given and a charge is pending or is
2thereafter filed in or transferred to a court of competent
3jurisdiction the latter court shall continue the original bail
4in that court subject to the provisions of Section 110-6 of
5this Code.
6    (d) After conviction the court may order that the original
7bail stand as bail pending appeal or deny, increase or reduce
8bail subject to the provisions of Section 110-6.2.
9    (e) After the entry of an order by the trial court allowing
10or denying bail pending appeal either party may apply to the
11reviewing court having jurisdiction or to a justice thereof
12sitting in vacation for an order increasing or decreasing the
13amount of bail or allowing or denying bail pending appeal
14subject to the provisions of Section 110-6.2.
15    (f) When the conditions of the bail bond have been
16performed and the accused has been discharged from all
17obligations in the cause the clerk of the court shall return to
18the accused or to the defendant's designee by an assignment
19executed at the time the bail amount is deposited, unless the
20court orders otherwise, 85% 90% of the sum which had been
21deposited and shall retain as bail bond costs 15% 10% of the
22amount deposited. However, in no event shall the amount
23retained by the clerk as bail bond costs be less than $5. Bail
24bond deposited by or on behalf of a defendant in one case may
25be used, in the court's discretion, to satisfy financial
26obligations of that same defendant incurred in a different case

 

 

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1due to a fine, court costs, restitution or fees of the
2defendant's attorney of record. In counties with a population
3of 3,000,000 or more, the court shall not order bail bond
4deposited by or on behalf of a defendant in one case to be used
5to satisfy financial obligations of that same defendant in a
6different case until the bail bond is first used to satisfy
7court costs and attorney's fees in the case in which the bail
8bond has been deposited and any other unpaid child support
9obligations are satisfied. In counties with a population of
10less than 3,000,000, the court shall not order bail bond
11deposited by or on behalf of a defendant in one case to be used
12to satisfy financial obligations of that same defendant in a
13different case until the bail bond is first used to satisfy
14court costs in the case in which the bail bond has been
15deposited.
16    At the request of the defendant the court may order such
1785% 90% of defendant's bail deposit, or whatever amount is
18repayable to defendant from such deposit, to be paid to
19defendant's attorney of record.
20    (g) If the accused does not comply with the conditions of
21the bail bond the court having jurisdiction shall enter an
22order declaring the bail to be forfeited. Notice of such order
23of forfeiture shall be mailed forthwith to the accused at his
24last known address. If the accused does not appear and
25surrender to the court having jurisdiction within 30 days from
26the date of the forfeiture or within such period satisfy the

 

 

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1court that appearance and surrender by the accused is
2impossible and without his fault the court shall enter judgment
3for the State if the charge for which the bond was given was a
4felony or misdemeanor, or if the charge was quasi-criminal or
5traffic, judgment for the political subdivision of the State
6which prosecuted the case, against the accused for the amount
7of the bail and costs of the court proceedings; however, in
8counties with a population of less than 3,000,000, instead of
9the court entering a judgment for the full amount of the bond
10the court may, in its discretion, enter judgment for the cash
11deposit on the bond, less costs, retain the deposit for further
12disposition or, if a cash bond was posted for failure to appear
13in a matter involving enforcement of child support or
14maintenance, the amount of the cash deposit on the bond, less
15outstanding costs, may be awarded to the person or entity to
16whom the child support or maintenance is due. The deposit made
17in accordance with paragraph (a) shall be applied to the
18payment of costs. If judgment is entered and any amount of such
19deposit remains after the payment of costs it shall be applied
20to payment of the judgment and transferred to the treasury of
21the municipal corporation wherein the bond was taken if the
22offense was a violation of any penal ordinance of a political
23subdivision of this State, or to the treasury of the county
24wherein the bond was taken if the offense was a violation of
25any penal statute of this State. The balance of the judgment
26may be enforced and collected in the same manner as a judgment

 

 

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1entered in a civil action.
2    (h) After a judgment for a fine and court costs or either
3is entered in the prosecution of a cause in which a deposit had
4been made in accordance with paragraph (a) the balance of such
5deposit, after deduction of bail bond costs, shall be applied
6to the payment of the judgment.
7    (i) When a court appearance is required for an alleged
8violation of the Criminal Code of 1961, the Illinois Vehicle
9Code, the Wildlife Code, the Fish and Aquatic Life Code, the
10Child Passenger Protection Act, or a comparable offense of a
11unit of local government as specified in Supreme Court Rule
12551, and if the accused does not appear in court on the date
13set for appearance or any date to which the case may be
14continued and the court issues an arrest warrant for the
15accused, based upon his or her failure to appear when having so
16previously been ordered to appear by the court, the accused
17upon his or her admission to bail shall be assessed by the
18court a fee of $75. The fee shall be in addition to any bail
19that the accused is required to deposit for the offense for
20which the accused has been charged and may not be used for the
21payment of court costs or fines assessed for the offense. The
22clerk of the court shall remit $70 of the fee assessed to the
23arresting agency who brings the offender in on the arrest
24warrant. The clerk of the court shall remit $5 of the fee
25assessed to the Circuit Court Clerk Operation and
26Administrative Fund as provided in Section 27.3d of the Clerks

 

 

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1of Courts Act.
2(Source: P.A. 95-952, eff. 8-29-08; 96-1431, eff. 1-1-11.)
 
3    (725 ILCS 5/110-8)  (from Ch. 38, par. 110-8)
4    Sec. 110-8. Cash, stocks, bonds and real estate as security
5for bail.
6    (a) In lieu of the bail deposit provided for in Section
7110-7 of this Code any person for whom bail has been set may
8execute the bail bond with or without sureties which bond may
9be secured:
10    (1) By a deposit, with the clerk of the court, of an amount
11equal to the required bail, of cash, or stocks and bonds in
12which trustees are authorized to invest trust funds under the
13laws of this State; or
14    (2) By real estate situated in this State with unencumbered
15equity not exempt owned by the accused or sureties worth double
16the amount of bail set in the bond.
17    (b) If the bail bond is secured by stocks and bonds the
18accused or sureties shall file with the bond a sworn schedule
19which shall be approved by the court and shall contain:
20        (1) A list of the stocks and bonds deposited describing
21    each in sufficient detail that it may be identified;
22        (2) The market value of each stock and bond;
23        (3) The total market value of the stocks and bonds
24    listed;
25        (4) A statement that the affiant is the sole owner of

 

 

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1    the stocks and bonds listed and they are not exempt from
2    the enforcement of a judgment thereon;
3        (5) A statement that such stocks and bonds have not
4    previously been used or accepted as bail in this State
5    during the 12 months preceding the date of the bail bond;
6    and
7        (6) A statement that such stocks and bonds are security
8    for the appearance of the accused in accordance with the
9    conditions of the bail bond.
10    (c) If the bail bond is secured by real estate the accused
11or sureties shall file with the bond a sworn schedule which
12shall contain:
13        (1) A legal description of the real estate;
14        (2) A description of any and all encumbrances on the
15    real estate including the amount of each and the holder
16    thereof;
17        (3) The market value of the unencumbered equity owned
18    by the affiant;
19        (4) A statement that the affiant is the sole owner of
20    such unencumbered equity and that it is not exempt from the
21    enforcement of a judgment thereon;
22        (5) A statement that the real estate has not previously
23    been used or accepted as bail in this State during the 12
24    months preceding the date of the bail bond; and
25        (6) A statement that the real estate is security for
26    the appearance of the accused in accordance with the

 

 

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1    conditions of the bail bond.
2    (d) The sworn schedule shall constitute a material part of
3the bail bond. The affiant commits perjury if in the sworn
4schedule he makes a false statement which he does not believe
5to be true. He shall be prosecuted and punished accordingly,
6or, he may be punished for contempt.
7    (e) A certified copy of the bail bond and schedule of real
8estate shall be filed immediately in the office of the
9registrar of titles or recorder of the county in which the real
10estate is situated and the State shall have a lien on such real
11estate from the time such copies are filed in the office of the
12registrar of titles or recorder. The registrar of titles or
13recorder shall enter, index and record (or register as the case
14may be) such bail bonds and schedules without requiring any
15advance fee, which fee shall be taxed as costs in the
16proceeding and paid out of such costs when collected.
17    (f) When the conditions of the bail bond have been
18performed and the accused has been discharged from his
19obligations in the cause, the clerk of the court shall retain
202% and return to him or his sureties the remainder of the
21deposit of any cash, or shall return to him or her or his or her
22sureties the deposit of any stocks or bonds. If the bail bond
23has been secured by stocks, bonds, or real estate, the
24defendant shall pay to the clerk of the court a document
25storage fee pursuant to Section 27.3c of the Clerks of Courts
26Act in advance of the return of the stocks, bonds, or real

 

 

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1estate. If the bail bond has been secured by real estate the
2clerk of the court shall forthwith notify in writing the
3registrar of titles or recorder and the lien of the bail bond
4on the real estate shall be discharged. The clerk of the court
5shall not retain any amount from the bail bond in child support
6cases.
7    (g) If the accused does not comply with the conditions of
8the bail bond the court having jurisdiction shall enter an
9order declaring the bail to be forfeited. Notice of such order
10of forfeiture shall be mailed forthwith by the clerk of the
11court to the accused and his sureties at their last known
12address. If the accused does not appear and surrender to the
13court having jurisdiction within 30 days from the date of the
14forfeiture or within such period satisfy the court that
15appearance and surrender by the accused is impossible and
16without his fault the court shall enter judgment for the State
17against the accused and his sureties for the amount of the bail
18and costs of the proceedings; however, in counties with a
19population of less than 3,000,000, if the defendant has posted
20a cash bond, instead of the court entering a judgment for the
21full amount of the bond the court may, in its discretion, enter
22judgment for the cash deposit on the bond, less costs, retain
23the deposit for further disposition or, if a cash bond was
24posted for failure to appear in a matter involving enforcement
25of child support or maintenance, the amount of the cash deposit
26on the bond, less outstanding costs, may be awarded to the

 

 

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1person or entity to whom the child support or maintenance is
2due.
3    (h) When judgment is entered in favor of the State on any
4bail bond given for a felony or misdemeanor, or judgement for a
5political subdivision of the state on any bail bond given for a
6quasi-criminal or traffic offense, the State's Attorney or
7political subdivision's attorney shall forthwith obtain a
8certified copy of the judgment and deliver same to the sheriff
9to be enforced by levy on the stocks or bonds deposited with
10the clerk of the court and the real estate described in the
11bail bond schedule. Any cash forfeited under subsection (g) of
12this Section shall be used to satisfy the judgment and costs
13and, without necessity of levy, ordered paid into the treasury
14of the municipal corporation wherein the bail bond was taken if
15the offense was a violation of any penal ordinance of a
16political subdivision of this State, or into the treasury of
17the county wherein the bail bond was taken if the offense was a
18violation of any penal statute of this State, or to the person
19or entity to whom child support or maintenance is owed if the
20bond was taken for failure to appear in a matter involving
21child support or maintenance. The stocks, bonds and real estate
22shall be sold in the same manner as in sales for the
23enforcement of a judgment in civil actions and the proceeds of
24such sale shall be used to satisfy all court costs, prior
25encumbrances, if any, and from the balance a sufficient amount
26to satisfy the judgment shall be paid into the treasury of the

 

 

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1municipal corporation wherein the bail bond was taken if the
2offense was a violation of any penal ordinance of a political
3subdivision of this State, or into the treasury of the county
4wherein the bail bond was taken if the offense was a violation
5of any penal statute of this State. The balance shall be
6returned to the owner. The real estate so sold may be redeemed
7in the same manner as real estate may be redeemed after
8judicial sales or sales for the enforcement of judgments in
9civil actions.
10    (i) No stocks, bonds or real estate may be used or accepted
11as bail bond security in this State more than once in any 12
12month period.
13(Source: P.A. 89-469, eff. 1-1-97.)".