Public Act 099-0883
 
SB2885 EnrolledLRB099 20648 SLF 45252 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 124A-15 as follows:
 
    (725 ILCS 5/124A-15)
    Sec. 124A-15. Reversal of conviction; refund of fines, 
fees, and costs.
    (a) A defendant convicted in a criminal prosecution whose 
conviction is reversed by a finding of factual innocence in a 
collateral proceeding such as habeas corpus or post-conviction 
relief under Article 122 of this Code is not liable for any 
costs or fees of the court or circuit clerk's office, or for 
any charge of subsistence while detained in custody. If the 
defendant has paid any costs, fine, or fees, in the case, a 
refund of those costs shall be determined by the judge and paid 
by the clerk of the court. The timing of the refund payment 
shall be determined by the clerk of the court based upon the 
availability of funds in the subject fund account the clerk or 
judge shall give him or her a certificate of the payment of 
those costs,  fine, or fees with the items of those expenses, 
which, when audited and approved according to law, shall be 
refunded to the defendant.
    (b) To receive a refund under this Section, a defendant 
must submit a request for the refund to the clerk of the court 
on a form and in a manner prescribed by the clerk. The 
defendant must attach to the form an order from the court 
demonstrating the defendant's right to the refund and the 
amount of the refund.

(Source: P.A. 98-943, eff. 1-1-15.)