State of Illinois
91st General Assembly
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Public Act 91-0183

HB0238 Enrolled                                LRB9100163RCks

    AN ACT to amend the Code of Criminal Procedure of 1963 by
changing Section 110-7.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Code  of Criminal Procedure of 1963 is
amended by changing Section 110-7 as follows:

    (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
    Sec. 110-7.  Deposit of Bail Security.
    (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 person other than the accused who has provided the
money  for  the  posting  of  bail to so indicate and a space
signed  by  an  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 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
Substances Act" which is a Class  X  felony,  the  court  may
require  the  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 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.
    (b)  Upon   depositing  this  sum  the  person  shall  be
released from custody subject to the conditions of  the  bail
bond.
    (c)  Once  bail has been given and a charge is pending or
is thereafter filed in or transferred to a court of competent
jurisdiction the latter court  shall  continue  the  original
bail in that court subject to the provisions of Section 110-6
of this Code.
    (d)  After  conviction  the  court  may  order  that  the
original  bail stand as bail pending appeal or deny, increase
or reduce bail subject to the provisions of Section 110-6.2.
    (e)  After the entry of  an  order  by  the  trial  court
allowing  or  denying  bail  pending  appeal either party may
apply to the reviewing court  having  jurisdiction  or  to  a
justice  thereof  sitting in vacation for an order increasing
or decreasing the amount of bail or allowing or denying  bail
pending appeal subject to the provisions of Section 110-6.2.
    (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 deposited.  However, in  no  event  shall  the  amount
retained  by  the  clerk  as bail bond costs be less than $5.
Bail bond deposited by or on 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.  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 in the case in which the
bail bond has been deposited.
    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.
    (g)  If  the  accused does not comply with the conditions
of the bail bond the court having jurisdiction shall enter an
order declaring the bail to be  forfeited.   Notice  of  such
order  of forfeiture shall be mailed forthwith to the accused
at his 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 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 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  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.
    (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 been made in accordance with  paragraph  (a)  the
balance  of such deposit, after deduction of bail bond costs,
shall be applied to the payment of the judgment.
(Source: P.A. 88-287; 89-469, eff. 1-1-97.)

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