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91_HB1352
LRB9104269DHmg
1 AN ACT in relation to bond.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Sections 3-6005 and 4-5001 as follows:
6 (55 ILCS 5/3-6005) (from Ch. 34, par. 3-6005)
7 Sec. 3-6005. Failure to give bond or take oath; vacancy.
8 If any person elected or appointed to the office of sheriff,
9 of any county, shall fail to give bond or take the oath
10 required of him or her, within 30 20 days after he or she is
11 appointed or declared elected, the office shall be deemed
12 vacant.
13 (Source: P.A. 86-962.)
14 (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
15 Sec. 4-5001. Sheriffs; counties of first and second
16 class. The fees of sheriffs in counties of the first and
17 second class, except when increased by county ordinance under
18 this Section, shall be as follows:
19 For serving or attempting to serve summons on each
20 defendant in each county, $10.
21 For serving or attempting to serve an order or judgment
22 granting injunctional relief in each county, $10.
23 For serving or attempting to serve each garnishee in each
24 county, $10.
25 For serving or attempting to serve an order for replevin
26 in each county, $10.
27 For serving or attempting to serve an order for
28 attachment on each defendant in each county, $10.
29 For serving or attempting to serve a warrant of arrest,
30 $8, to be paid upon conviction.
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1 For returning a defendant from outside the State of
2 Illinois, upon conviction, the court shall assess, as court
3 costs, the cost of returning a defendant to the jurisdiction.
4 For taking special bail, $1 in each county.
5 For serving or attempting to serve a subpoena on each
6 witness, in each county, $10.
7 For advertising property for sale, $5.
8 For returning each process, in each county, $5.
9 Mileage for each mile of necessary travel to serve any
10 such process as Stated above, calculating from the place of
11 holding court to the place of residence of the defendant, or
12 witness, 50¢ each way.
13 For summoning each juror, $3 with 30¢ mileage each way in
14 all counties.
15 For serving or attempting to serve notice of judgments or
16 levying to enforce a judgment, $3 with 50¢ mileage each way
17 in all counties.
18 For taking possession of and removing property levied on,
19 the officer shall be allowed to tax the actual cost of such
20 possession or removal.
21 For feeding each prisoner, such compensation to cover the
22 actual cost as may be fixed by the county board, but such
23 compensation shall not be considered a part of the fees of
24 the office.
25 For attending before a court with prisoner, on an order
26 for habeas corpus, in each county, $10 per day.
27 For attending before a court with a prisoner in any
28 criminal proceeding, in each county, $10 per day.
29 For each mile of necessary travel in taking such prisoner
30 before the court as Stated above, 15¢ a mile each way.
31 For serving or attempting to serve an order or judgment
32 for the possession of real estate in an action of ejectment
33 or in any other action, or for restitution in an action of
34 forcible entry and detainer without aid, $10 and when aid is
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1 necessary, the sheriff shall be allowed to tax in addition
2 the actual costs thereof, and for each mile of necessary
3 travel, 50¢ each way.
4 For executing and acknowledging a deed of sale of real
5 estate, in counties of first class, $4; second class, $4.
6 For preparing, executing and acknowledging a deed on
7 redemption from a court sale of real estate in counties of
8 first class, $5; second class, $5.
9 For making certificates of sale, and making and filing
10 duplicate, in counties of first class, $3; in counties of the
11 second class, $3.
12 For making certificate of redemption, $3.
13 For certificate of levy and filing, $3, and the fee for
14 recording shall be advanced by the judgment creditor and
15 charged as costs.
16 For taking all bonds on legal process, civil and
17 criminal, in counties of first class, $1; in second class,
18 $1.
19 For executing copies in criminal cases, $4 and mileage
20 for each mile of necessary travel, 20¢ each way.
21 For executing requisitions from other States, $5.
22 For conveying each prisoner from the prisoner's own
23 county to the jail of another county, or from another county
24 to the jail of the prisoner's county, per mile, for going,
25 only, 30¢.
26 For conveying persons to the penitentiary, reformatories,
27 Illinois State Training School for Boys, Illinois State
28 Training School for Girls and Reception Centers, the
29 following fees, payable out of the State Treasury. For each
30 person who is conveyed, 35¢ per mile in going only to the
31 penitentiary, reformatory, Illinois State Training School for
32 Boys, Illinois State Training School for Girls and Reception
33 Centers, from the place of conviction.
34 The fees provided for transporting persons to the
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1 penitentiary, reformatories, Illinois State Training School
2 for Boys, Illinois State Training School for Girls and
3 Reception Centers shall be paid for each trip so made.
4 Mileage as used in this Section means the shortest practical
5 route, between the place from which the person is to be
6 transported, to the penitentiary, reformatories, Illinois
7 State Training School for Boys, Illinois State Training
8 School for Girls and Reception Centers and all fees per mile
9 shall be computed on such basis.
10 For conveying any person to or from any of the charitable
11 institutions of the State, when properly committed by
12 competent authority, when one person is conveyed, 35¢ per
13 mile; when two persons are conveyed at the same time, 35¢ per
14 mile for the first person and 20¢ per mile for the second
15 person; and 10¢ per mile for each additional person.
16 For conveying a person from the penitentiary to the
17 county jail when required by law, 35¢ per mile.
18 For attending Supreme Court, $10 per day.
19 In addition to the above fees there shall be allowed to
20 the sheriff a fee of $600 for the sale of real estate which
21 is made by virtue of any judgment of a court, except that in
22 the case of a sale of unimproved real estate which sells for
23 $10,000 or less, the fee shall be $150. In addition to this
24 fee and all other fees provided by this Section, there shall
25 be allowed to the sheriff a fee in accordance with the
26 following schedule for the sale of personal estate which is
27 made by virtue of any judgment of a court:
28 For judgments up to $1,000, $75;
29 For judgments from $1,001 to $15,000, $150;
30 For judgments over $15,000, $300.
31 The foregoing fees allowed by this Section are the
32 maximum fees that may be collected from any officer, agency,
33 department or other instrumentality of the State. The county
34 board may, however, by ordinance, increase the fees allowed
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1 by this Section and collect those increased fees from all
2 persons and entities other than officers, agencies,
3 departments and other instrumentalities of the State if the
4 increase is justified by an acceptable cost study showing
5 that the fees allowed by this Section are not sufficient to
6 cover the costs of providing the service. A statement of the
7 costs of providing each service, program and activity shall
8 be prepared by the county board. All supporting documents
9 shall be public records and subject to public examination and
10 audit. All direct and indirect costs, as defined in the
11 United States Office of Management and Budget Circular A-87,
12 may be included in the determination of the costs of each
13 service, program and activity.
14 In all cases where the judgment is settled by the
15 parties, replevied, stopped by injunction or paid, or where
16 the property levied upon is not actually sold, the sheriff
17 shall be allowed his fee for levying and mileage, together
18 with half the fee for all money collected by him which he
19 would be entitled to if the same was made by sale to enforce
20 the judgment. In no case shall the fee exceed the amount of
21 money arising from the sale.
22 The fee requirements of this Section do not apply to
23 police departments or other law enforcement agencies. For
24 the purposes of this Section, "law enforcement agency" means
25 an agency of the State or unit of local government which is
26 vested by law or ordinance with the duty to maintain public
27 order end to enforce criminal laws.
28 (Source: P.A. 86-962; 86-1028; 87-738.)
29 Section 10. The Code of Criminal Procedure of 1963 is
30 amended by changing Section 110-7 as follows:
31 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
32 Sec. 110-7. Deposit of Bail Security.
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1 (a) The person for whom bail has been set shall execute
2 the bail bond and deposit with the clerk of the court before
3 which the proceeding is pending a sum of money equal to 10%
4 of the bail, but in no event shall such deposit be less than
5 $25. The clerk of the court shall provide a space on each
6 form for a person other than the accused who has provided the
7 money for the posting of bail to so indicate and a space
8 signed by an accused who has executed the bail bond
9 indicating whether a person other than the accused has
10 provided the money for the posting of bail. The form shall
11 also include a written notice to such person who has provided
12 the defendant with the money for the posting of bail
13 indicating that the bail may be used to pay costs, attorney's
14 fees, fines, or other purposes authorized by the court and if
15 the defendant fails to comply with the conditions of the bail
16 bond, the court shall enter an order declaring the bail to be
17 forfeited. When a person for whom bail has been set is
18 charged with an offense under the "Illinois Controlled
19 Substances Act" which is a Class X felony, the court may
20 require the defendant to deposit a sum equal to 100% of the
21 bail. Where any person is charged with a forcible felony
22 while free on bail and is the subject of proceedings under
23 Section 109-3 of this Code the judge conducting the
24 preliminary examination may also conduct a hearing upon the
25 application of the State pursuant to the provisions of
26 Section 110-6 of this Code to increase or revoke the bail for
27 that person's prior alleged offense.
28 (b) Upon depositing this sum and any bond fee authorized
29 by law, the person shall be released from custody subject to
30 the conditions of the bail bond.
31 (c) Once bail has been given and a charge is pending or
32 is thereafter filed in or transferred to a court of competent
33 jurisdiction the latter court shall continue the original
34 bail in that court subject to the provisions of Section 110-6
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1 of this Code.
2 (d) After conviction the court may order that the
3 original bail stand as bail pending appeal or deny, increase
4 or reduce bail subject to the provisions of Section 110-6.2.
5 (e) After the entry of an order by the trial court
6 allowing or denying bail pending appeal either party may
7 apply to the reviewing court having jurisdiction or to a
8 justice thereof sitting in vacation for an order increasing
9 or decreasing the amount of bail or allowing or denying bail
10 pending appeal subject to the provisions of Section 110-6.2.
11 (f) When the conditions of the bail bond have been
12 performed and the accused has been discharged from all
13 obligations in the cause the clerk of the court shall return
14 to the accused or to the defendant's designee by an
15 assignment executed at the time the bail amount is deposited,
16 unless the court orders otherwise, 90% of the sum which had
17 been deposited and shall retain as bail bond costs 10% of the
18 amount deposited. However, in no event shall the amount
19 retained by the clerk as bail bond costs be less than $5.
20 Bail bond deposited by or on behalf of a defendant in one
21 case may be used, in the court's discretion, to satisfy
22 financial obligations of that same defendant incurred in a
23 different case due to a fine, court costs, restitution or
24 fees of the defendant's attorney of record. The court shall
25 not order bail bond deposited by or on behalf of a defendant
26 in one case to be used to satisfy financial obligations of
27 that same defendant in a different case until the bail bond
28 is first used to satisfy court costs in the case in which the
29 bail bond has been deposited.
30 At the request of the defendant the court may order such
31 90% of defendant's bail deposit, or whatever amount is
32 repayable to defendant from such deposit, to be paid to
33 defendant's attorney of record.
34 (g) If the accused does not comply with the conditions
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1 of the bail bond the court having jurisdiction shall enter an
2 order declaring the bail to be forfeited. Notice of such
3 order of forfeiture shall be mailed forthwith to the accused
4 at his last known address. If the accused does not appear
5 and surrender to the court having jurisdiction within 30 days
6 from the date of the forfeiture or within such period satisfy
7 the court that appearance and surrender by the accused is
8 impossible and without his fault the court shall enter
9 judgment for the State if the charge for which the bond was
10 given was a felony or misdemeanor, or if the charge was
11 quasi-criminal or traffic, judgment for the political
12 subdivision of the State which prosecuted the case, against
13 the accused for the amount of the bail and costs of the court
14 proceedings; however, in counties with a population of less
15 than 3,000,000, instead of the court entering a judgment for
16 the full amount of the bond the court may, in its discretion,
17 enter judgment for the cash deposit on the bond, less costs,
18 retain the deposit for further disposition or, if a cash bond
19 was posted for failure to appear in a matter involving
20 enforcement of child support or maintenance, the amount of
21 the cash deposit on the bond, less outstanding costs, may be
22 awarded to the person or entity to whom the child support or
23 maintenance is due. The deposit made in accordance with
24 paragraph (a) shall be applied to the payment of costs. If
25 judgment is entered and any amount of such deposit remains
26 after the payment of costs it shall be applied to payment of
27 the judgment and transferred to the treasury of the municipal
28 corporation wherein the bond was taken if the offense was a
29 violation of any penal ordinance of a political subdivision
30 of this State, or to the treasury of the county wherein the
31 bond was taken if the offense was a violation of any penal
32 statute of this State. The balance of the judgment may be
33 enforced and collected in the same manner as a judgment
34 entered in a civil action.
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1 (h) After a judgment for a fine and court costs or
2 either is entered in the prosecution of a cause in which a
3 deposit had been made in accordance with paragraph (a) the
4 balance of such deposit, after deduction of bail bond costs,
5 shall be applied to the payment of the judgment.
6 (Source: P.A. 88-287; 89-469, eff. 1-1-97.)