093_HB0296

 
                                     LRB093 03916 RLC 03953 b

 1        AN ACT in relation to child support obligations.

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

 4        Section 5.  The Code of Criminal  Procedure  of  1963  is
 5    amended by changing Sections 110-7 and 110-8 as follows:

 6        (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
 7        Sec. 110-7.  Deposit of Bail Security.
 8        (a)  The  person for whom bail has been set shall execute
 9    the bail bond and deposit with the clerk of the court  before
10    which  the  proceeding is pending a sum of money equal to 10%
11    of the bail, but in no event shall such deposit be less  than
12    $25.   The  clerk  of the court shall provide a space on each
13    form for a person other than the accused who has provided the
14    money for the posting of bail to  so  indicate  and  a  space
15    signed   by  an  accused  who  has  executed  the  bail  bond
16    indicating whether  a  person  other  than  the  accused  has
17    provided  the  money for the posting of bail.  The form shall
18    also include a written notice to such person who has provided
19    the  defendant  with  the  money  for  the  posting  of  bail
20    indicating that the bail may be used to pay costs, attorney's
21    fees, fines, or other purposes authorized by the court and if
22    the defendant fails to comply with the conditions of the bail
23    bond, the court shall enter an order declaring the bail to be
24    forfeited.  The written notice must be:  (1)  distinguishable
25    from  the  surrounding text; (2) in bold type or underscored;
26    and (3) in a type size at least  2  points  larger  than  the
27    surrounding  type.   When a person for whom bail has been set
28    is charged with an offense  under  the  "Illinois  Controlled
29    Substances  Act"  which  is  a  Class X felony, the court may
30    require the defendant to deposit a sum equal to 100%  of  the
31    bail.  Where  any  person  is  charged with a forcible felony
 
                            -2-      LRB093 03916 RLC 03953 b
 1    while free on bail and is the subject  of  proceedings  under
 2    Section   109-3   of  this  Code  the  judge  conducting  the
 3    preliminary examination may also conduct a hearing  upon  the
 4    application  of  the  State  pursuant  to  the  provisions of
 5    Section 110-6 of this Code to increase or revoke the bail for
 6    that person's prior alleged offense.
 7        (a-5)  The clerk of the court shall require  each  person
 8    who  posts  bail,  whether  that  person  is the accused or a
 9    person who posts bail on behalf of the  accused,  to  sign  a
10    form provided by the clerk of the court indicating that after
11    the  conditions  of the bail bond have been performed and the
12    accused has been  discharged  from  all  obligations  in  the
13    cause,  any portion or all of the bail security deposited may
14    be forfeited to  the  State  to  pay  for  outstanding  child
15    support arrearages owed by the accused.
16        (b)  Upon depositing this sum and any bond fee authorized
17    by  law, the person shall be released from custody subject to
18    the conditions of the bail bond.
19        (c)  Once bail has been given and a charge is pending  or
20    is thereafter filed in or transferred to a court of competent
21    jurisdiction  the  latter  court  shall continue the original
22    bail in that court subject to the provisions of Section 110-6
23    of this Code.
24        (d)  After  conviction  the  court  may  order  that  the
25    original bail stand as bail pending appeal or deny,  increase
26    or reduce bail subject to the provisions of Section 110-6.2.
27        (e)  After  the  entry  of  an  order  by the trial court
28    allowing or denying bail  pending  appeal  either  party  may
29    apply  to  the  reviewing  court  having jurisdiction or to a
30    justice thereof sitting in vacation for an  order  increasing
31    or  decreasing the amount of bail or allowing or denying bail
32    pending appeal subject to the provisions of Section 110-6.2.
33        (f)  When the conditions  of  the  bail  bond  have  been
34    performed  and  the  accused  has  been  discharged  from all
 
                            -3-      LRB093 03916 RLC 03953 b
 1    obligations in the cause the clerk of the court shall  return
 2    to   the  accused  or  to  the  defendant's  designee  by  an
 3    assignment executed at the time the bail amount is deposited,
 4    unless the court orders otherwise and unless the accused owes
 5    outstanding child support arrearages, 90% of  the  sum  which
 6    had been deposited and shall retain as bail bond costs 10% of
 7    the  amount deposited.  However, in no event shall the amount
 8    retained by the clerk as bail bond costs  be  less  than  $5.
 9    Bail  bond  deposited  by  or on behalf of a defendant in one
10    case may be used,  in  the  court's  discretion,  to  satisfy
11    financial  obligations  of  that same defendant incurred in a
12    different case due to a  fine,  court  costs,  child  support
13    arrearages,  restitution  or fees of the defendant's attorney
14    of record.  The court shall not order bail bond deposited  by
15    or on behalf of a defendant in one case to be used to satisfy
16    financial  obligations  of that same defendant in a different
17    case until the bail bond is first used to satisfy court costs
18    in the case in which the bail bond has been deposited and any
19    outstanding child support arrearages.
20        At the request of the defendant the court may order  such
21    90%  of  defendant's  bail  deposit,  or  whatever  amount is
22    repayable to defendant from  such  deposit,  to  be  paid  to
23    defendant's attorney of record.
24        (g)  If  the  accused does not comply with the conditions
25    of the bail bond the court having jurisdiction shall enter an
26    order declaring the bail to be  forfeited.   Notice  of  such
27    order  of forfeiture shall be mailed forthwith to the accused
28    at his last known address.  If the accused  does  not  appear
29    and surrender to the court having jurisdiction within 30 days
30    from the date of the forfeiture or within such period satisfy
31    the  court  that  appearance  and surrender by the accused is
32    impossible and  without  his  fault  the  court  shall  enter
33    judgment  for  the State if the charge for which the bond was
34    given was a felony or  misdemeanor,  or  if  the  charge  was
 
                            -4-      LRB093 03916 RLC 03953 b
 1    quasi-criminal   or   traffic,  judgment  for  the  political
 2    subdivision of the State which prosecuted the  case,  against
 3    the accused for the amount of the bail and costs of the court
 4    proceedings;  however,  in counties with a population of less
 5    than 3,000,000, instead of the court entering a judgment  for
 6    the full amount of the bond the court may, in its discretion,
 7    enter  judgment for the cash deposit on the bond, less costs,
 8    retain the deposit for further disposition or, if a cash bond
 9    was posted for  failure  to  appear  in  a  matter  involving
10    enforcement  of  child  support or maintenance, the amount of
11    the cash deposit on the bond, less outstanding costs, may  be
12    awarded  to the person or entity to whom the child support or
13    maintenance is due.  The  deposit  made  in  accordance  with
14    paragraph  (a)  shall be applied to the payment of costs.  If
15    judgment is entered and any amount of  such  deposit  remains
16    after  the payment of costs it shall be applied to payment of
17    the judgment and transferred to the treasury of the municipal
18    corporation wherein the bond was taken if the offense  was  a
19    violation  of  any penal ordinance of a political subdivision
20    of this State, or to the treasury of the county  wherein  the
21    bond  was  taken  if the offense was a violation of any penal
22    statute of this State.  The balance of the  judgment  may  be
23    enforced  and  collected  in  the  same  manner as a judgment
24    entered in a civil action.
25        (h)  After a judgment for  a  fine  and  court  costs  or
26    either  is  entered  in the prosecution of a cause in which a
27    deposit had been made in accordance with  paragraph  (a)  the
28    balance  of such deposit, after deduction of bail bond costs,
29    shall be applied to the payment of the judgment.
30    (Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00; 92-16,
31    eff. 6-28-01.)

32        (725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
33        Sec. 110-8.  Cash,  stocks,  bonds  and  real  estate  as
 
                            -5-      LRB093 03916 RLC 03953 b
 1    security for bail.
 2        (a)  In  lieu of the bail deposit provided for in Section
 3    110-7 of this Code any person for whom bail has been set  may
 4    execute the bail bond with or without sureties which bond may
 5    be secured:
 6        (1)  By  a  deposit,  with  the clerk of the court, of an
 7    amount equal to the required bail, of  cash,  or  stocks  and
 8    bonds  in which trustees are authorized to invest trust funds
 9    under the laws of this State; or
10        (2)  By  real  estate  situated  in   this   State   with
11    unencumbered  equity  not  exempt  owned  by  the  accused or
12    sureties worth double the amount of bail set in the bond.
13        (b)  If the bail bond is secured by stocks and bonds  the
14    accused or sureties shall file with the bond a sworn schedule
15    which shall be approved by the court and shall contain:
16             (1)  A  list  of  the  stocks  and  bonds  deposited
17        describing  each  in  sufficient  detail  that  it may be
18        identified;
19             (2)  The market value of each stock and bond;
20             (3)  The total market value of the stocks and  bonds
21        listed;
22             (4)  A  statement that the affiant is the sole owner
23        of the stocks and bonds listed and they  are  not  exempt
24        from the enforcement of a judgment thereon;
25             (5)  A statement that such stocks and bonds have not
26        previously  been  used  or accepted as bail in this State
27        during the 12 months preceding the date of the bail bond;
28        and
29             (6)  A statement that  such  stocks  and  bonds  are
30        security  for the appearance of the accused in accordance
31        with the conditions of the bail bond.
32        (c)  If the bail bond  is  secured  by  real  estate  the
33    accused or sureties shall file with the bond a sworn schedule
34    which shall contain:
 
                            -6-      LRB093 03916 RLC 03953 b
 1             (1)  A legal description of the real estate;
 2             (2)  A  description  of  any and all encumbrances on
 3        the real estate including the  amount  of  each  and  the
 4        holder thereof;
 5             (3)  The  market  value  of  the unencumbered equity
 6        owned by the affiant;
 7             (4)  A statement that the affiant is the sole  owner
 8        of  such  unencumbered  equity  and that it is not exempt
 9        from the enforcement of a judgment thereon;
10             (5)  A  statement  that  the  real  estate  has  not
11        previously been used or accepted as bail  in  this  State
12        during the 12 months preceding the date of the bail bond;
13        and
14             (6)  A  statement  that  the real estate is security
15        for the appearance of the accused in accordance with  the
16        conditions of the bail bond.
17        (d)  The  sworn schedule shall constitute a material part
18    of the bail bond. The affiant commits perjury if in the sworn
19    schedule he makes a false statement which he does not believe
20    to be true. He shall be prosecuted and punished  accordingly,
21    or, he may be punished for contempt.
22        (e)  A  certified  copy  of the bail bond and schedule of
23    real estate shall be filed immediately in the office  of  the
24    registrar  of  titles  or recorder of the county in which the
25    real estate is situated and the State shall have  a  lien  on
26    such  real  estate from the time such copies are filed in the
27    office of the registrar of titles or recorder. The  registrar
28    of  titles  or  recorder  shall  enter,  index and record (or
29    register as the case may be) such bail  bonds  and  schedules
30    without  requiring  any advance fee, which fee shall be taxed
31    as costs in the proceeding and paid out of  such  costs  when
32    collected.
33        (f)  When  the  conditions  of  the  bail  bond have been
34    performed and  the  accused  has  been  discharged  from  his
 
                            -7-      LRB093 03916 RLC 03953 b
 1    obligations in the cause, the clerk of the court shall return
 2    to  him  or  his  sureties the deposit of any cash, stocks or
 3    bonds. If the bail bond has been secured by real  estate  the
 4    clerk  of  the  court  shall  forthwith notify in writing the
 5    registrar of titles or recorder and the lien of the bail bond
 6    on the real estate shall be discharged.
 7        (g)  If the accused does not comply with  the  conditions
 8    of the bail bond the court having jurisdiction shall enter an
 9    order  declaring  the  bail  to  be forfeited. Notice of such
10    order of forfeiture shall be mailed forthwith by the clerk of
11    the court to the accused and his sureties at their last known
12    address. If the accused does not appear and surrender to  the
13    court having jurisdiction within 30 days from the date of the
14    forfeiture  or  within  such  period  satisfy  the court that
15    appearance and surrender by the  accused  is  impossible  and
16    without  his  fault  the  court  shall enter judgment for the
17    State against the accused and his sureties for the amount  of
18    the  bail  and costs of the proceedings; however, in counties
19    with a population of less than 3,000,000,  if  the  defendant
20    has  posted  a  cash  bond,  instead  of the court entering a
21    judgment for the full amount of the bond the  court  may,  in
22    its  discretion,  enter  judgment for the cash deposit on the
23    bond, less costs, retain the deposit for further  disposition
24    or,  if  a  cash  bond  was posted for failure to appear in a
25    matter involving enforcement of child support or maintenance,
26    the amount of the cash deposit on the bond, less  outstanding
27    costs,  may  be  awarded  to the person or entity to whom the
28    child support or maintenance is due.
29        (g-5)  The State shall have a lien on all  bail  security
30    posted  by  or on behalf of the accused in an amount equal to
31    the past-due child support owing under an order entered under
32    the Illinois Public  Aid  Code,  the  Illinois  Marriage  and
33    Dissolution  of  Marriage  Act, the Non-Support of Spouse and
34    Children Act, the Non-Support  Punishment  Act,  the  Uniform
 
                            -8-      LRB093 03916 RLC 03953 b
 1    Interstate  Family Support Act, the Illinois Parentage Act of
 2    1984, the Illinois Domestic Violence Act of 1986, or  Article
 3    112A of the Code of Criminal Procedure of 1963.
 4        (h)  When  judgment  is  entered in favor of the State on
 5    any bail bond given for a felony or misdemeanor, or judgement
 6    for a political subdivision of the state  on  any  bail  bond
 7    given  for  a  quasi-criminal or traffic offense, the State's
 8    Attorney or political subdivision's attorney shall  forthwith
 9    obtain  a  certified copy of the judgment and deliver same to
10    the sheriff to be enforced by levy on  the  stocks  or  bonds
11    deposited  with  the  clerk  of the court and the real estate
12    described in the bail bond schedule. Any cash forfeited under
13    subsection (g) of this Section shall be used to  satisfy  the
14    judgment  and  costs  and, without necessity of levy, ordered
15    paid into the treasury of the municipal  corporation  wherein
16    the bail bond was taken if the offense was a violation of any
17    penal  ordinance of a political subdivision of this State, or
18    into the treasury of the county wherein  the  bail  bond  was
19    taken  if the offense was a violation of any penal statute of
20    this State, or to the person or entity to whom child  support
21    or  maintenance  is owed if the bond was taken for failure to
22    appear in a matter involving child  support  or  maintenance.
23    The  stocks,  bonds and real estate shall be sold in the same
24    manner as in sales for the enforcement of a judgment in civil
25    actions and the proceeds  of  such  sale  shall  be  used  to
26    satisfy all court costs, prior encumbrances, if any, and from
27    the balance a sufficient amount to satisfy the judgment shall
28    be  paid  into  the  treasury  of  the  municipal corporation
29    wherein the  bail  bond  was  taken  if  the  offense  was  a
30    violation  of  any penal ordinance of a political subdivision
31    of this State, or into the treasury of the county wherein the
32    bail bond was taken if the offense was  a  violation  of  any
33    penal statute of this State. The balance shall be returned to
34    the  owner.  The  real  estate so sold may be redeemed in the
 
                            -9-      LRB093 03916 RLC 03953 b
 1    same manner as real estate may  be  redeemed  after  judicial
 2    sales  or  sales  for  the  enforcement of judgments in civil
 3    actions.
 4        (i)  No stocks, bonds or  real  estate  may  be  used  or
 5    accepted  as  bail bond security in this State more than once
 6    in any 12 month period.
 7    (Source: P.A. 89-469, eff. 1-1-97.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.