Public Act 097-0175
 
HB2581 EnrolledLRB097 07363 RLC 47472 b



    AN ACT concerning 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 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 an attempt to commit the offense of making a terrorist 
threat, 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.  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
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
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.

    (i) When a court appearance is required for an alleged 
violation of the Criminal Code of 1961, 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.

(Source: P.A. 95-952, eff. 8-29-08; 96-1431, eff. 1-1-11.)