Public Act 93-0371
HB3504 Enrolled LRB093 04201 RLC 04245 b
AN ACT in relation to criminal law.
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 and any bond fee authorized
by law, 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 and attorney's fees in
the case in which the bail bond has been deposited and any
other unpaid child support obligations are satisfied.
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. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00; 92-16,
eff. 6-28-01.)