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Public Act 099-0412 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 110-7 as follows:
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(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
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Sec. 110-7. Deposit of Bail Security.
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(a) The person for whom bail has been set shall execute the | ||||
bail bond and
deposit with the clerk of the court before which | ||||
the proceeding is pending a
sum of money equal to 10% of the | ||||
bail, but in no event shall such deposit be
less than $25. The | ||||
clerk of the court shall provide a space on each form for a
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person other than the accused who has provided the money for | ||||
the posting of
bail to so indicate and a space signed by an
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accused who has executed the bail bond indicating whether a | ||||
person other
than the accused has provided the money for the | ||||
posting of bail. The form
shall also include a written notice | ||||
to such person who has provided
the defendant with the money | ||||
for the posting of bail indicating that the bail
may be used to | ||||
pay costs, attorney's fees, fines, or other purposes authorized
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by the court and if the
defendant fails to comply with the | ||||
conditions of the bail bond, the court
shall enter an order | ||||
declaring the bail to be forfeited. The written notice
must be: |
(1) distinguishable from the surrounding text; (2) in bold type | ||
or
underscored; and (3) in a type size at least 2 points larger | ||
than the
surrounding type. When a person for whom
bail has been | ||
set is charged with an offense under the Illinois Controlled
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Substances Act or the Methamphetamine Control and Community | ||
Protection Act which is a Class X felony, or making a terrorist | ||
threat in violation of
Section 29D-20 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 or an attempt to commit the | ||
offense of making a terrorist threat, the court may require the
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defendant to deposit a sum equal to 100% of the bail.
Where any | ||
person is charged with a forcible felony while free on bail and
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is the subject of proceedings under Section 109-3 of this Code | ||
the judge
conducting the preliminary examination may also | ||
conduct a hearing upon the
application of the State pursuant to | ||
the provisions of Section 110-6 of this
Code to increase or | ||
revoke the bail for that person's prior alleged offense.
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(b) Upon depositing this sum and any bond fee authorized by | ||
law, the person
shall be released
from custody subject to the | ||
conditions of the bail bond.
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(c) Once bail has been given and a charge is pending or
is | ||
thereafter filed in or transferred to a court of competent
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jurisdiction the latter court shall continue the original bail
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in that court subject to the provisions of Section 110-6 of | ||
this Code.
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(d) After conviction the court may order that the original
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bail stand as bail pending appeal or deny, increase or reduce |
bail
subject to the provisions of Section 110-6.2.
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(e) After the entry of an order by the trial court allowing
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or denying bail pending appeal either party may apply to the
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reviewing court having jurisdiction or to a justice thereof
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sitting in vacation for an order increasing or decreasing the
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amount of bail or allowing or denying bail pending appeal | ||
subject to the
provisions of Section 110-6.2.
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(f) When the conditions of the bail bond have been | ||
performed
and the accused has been discharged from all | ||
obligations in the
cause the clerk of the court shall return to | ||
the accused or to the
defendant's designee by an assignment | ||
executed at the time the bail amount
is deposited, unless
the | ||
court orders otherwise, 90% of the sum which had been
deposited | ||
and shall retain as bail bond costs 10% of the amount
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deposited. However, in no event shall the amount retained by | ||
the
clerk as bail bond costs be less than $5. Notwithstanding | ||
the foregoing, in counties with a population of 3,000,000 or | ||
more, in no event shall the amount retained by the clerk as | ||
bail bond costs exceed $100. Bail bond deposited by or on
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behalf of a defendant in one case may be used, in the court's | ||
discretion,
to satisfy financial obligations of that same | ||
defendant incurred in a
different case due to a fine, court | ||
costs,
restitution or fees of the defendant's attorney of | ||
record. In counties with
a population of 3,000,000 or more, the | ||
court shall
not order bail bond deposited by or on behalf of a | ||
defendant in one case to
be used to satisfy financial |
obligations of that same defendant in a
different case until | ||
the bail bond is first used to satisfy court costs and
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attorney's fees in
the case in which the bail bond has been | ||
deposited and any other unpaid child
support obligations are | ||
satisfied. In counties with a population of less than | ||
3,000,000, the court shall
not order bail bond deposited by or | ||
on behalf of a defendant in one case to
be used to satisfy | ||
financial obligations of that same defendant in a
different | ||
case until the bail bond is first used to satisfy court costs
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in
the case in which the bail bond has been deposited.
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At the request of the defendant the court may order such | ||
90% of
defendant's bail deposit, or whatever amount is | ||
repayable to defendant
from such deposit, to be paid to | ||
defendant's attorney of record.
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(g) If the accused does not comply with the conditions of
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the bail bond the court having jurisdiction shall enter an
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order declaring the bail to be forfeited. Notice of such order
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of forfeiture shall be mailed forthwith to the accused at his
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last known address. If the accused does not appear and | ||
surrender
to the court having jurisdiction within 30 days from | ||
the date of
the forfeiture or within such period satisfy the | ||
court
that appearance and surrender by the accused is | ||
impossible
and without his fault the court shall enter judgment | ||
for the State if the
charge for which the bond was given was a | ||
felony
or misdemeanor, or if the charge was quasi-criminal or | ||
traffic,
judgment for the political subdivision of the State |
which
prosecuted the case, against the accused for the amount | ||
of
the bail and costs of the court proceedings; however,
in | ||
counties with a population of less than 3,000,000, instead of | ||
the court
entering a judgment for the full amount
of the bond | ||
the court may, in its discretion, enter judgment for the cash
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deposit on the bond, less costs, retain the deposit for further | ||
disposition or,
if a cash bond was posted for failure to appear | ||
in a matter involving
enforcement of child support or | ||
maintenance, the amount of the cash deposit on
the bond, less | ||
outstanding costs, may be awarded to the person or entity to
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whom the child support or maintenance is due. The deposit
made | ||
in accordance with paragraph (a) shall be applied to
the | ||
payment of costs. If judgment is entered and any amount of such
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deposit remains
after the payment of costs it shall be applied | ||
to payment of
the judgment and transferred to the treasury of | ||
the municipal
corporation wherein the bond was taken if the | ||
offense was a
violation of any penal ordinance of a political | ||
subdivision
of this State, or to the treasury of the county | ||
wherein the
bond was taken if the offense was a violation of | ||
any penal
statute of this State. The balance of the judgment | ||
may be
enforced and collected in the same manner as a judgment | ||
entered
in a civil action.
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(h) After a judgment for a fine and court costs or either | ||
is
entered in the prosecution of a cause in which a deposit had
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been made in accordance with paragraph (a) the balance of such
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deposit, after deduction of bail bond costs, shall be applied
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to the payment of the judgment.
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(i) When a court appearance is required for an alleged | ||
violation of the Criminal Code of 1961, the Criminal Code of | ||
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||
and Aquatic Life Code, the Child Passenger Protection Act, or a | ||
comparable offense of a unit of local government as specified | ||
in Supreme Court Rule 551, and if the accused does not appear | ||
in court on the date set for appearance or any date to which | ||
the case may be continued and the court issues an arrest | ||
warrant for the accused, based upon his or her failure to | ||
appear when having so previously been ordered to appear by the | ||
court, the accused upon his or her admission to bail shall be | ||
assessed by the court a fee of $75. Payment of the fee shall be | ||
a condition of release unless otherwise ordered by the court. | ||
The fee shall be in addition to any bail that the accused is | ||
required to deposit for the offense for which the accused has | ||
been charged and may not be used for the payment of court costs | ||
or fines assessed for the offense. The clerk of the court shall | ||
remit $70 of the fee assessed to the arresting agency who | ||
brings the offender in on the arrest warrant. If the Department | ||
of State Police is the arresting agency, $70 of the fee | ||
assessed shall be remitted by the clerk of the court to the | ||
State Treasurer within one month after receipt for deposit into | ||
the State Police Operations Assistance Fund. The clerk of the | ||
court shall remit $5 of the fee assessed to the Circuit Court | ||
Clerk Operation and Administrative Fund as provided in Section |
27.3d of the Clerks of Courts Act.
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(Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12; | ||
97-1150, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2016. |