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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 110-7 as follows:
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6 | (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
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7 | Sec. 110-7. Deposit of Bail Security.
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8 | (a) The person for whom bail has been set shall execute the | ||||||
9 | bail bond and
deposit with the clerk of the court before which | ||||||
10 | the proceeding is pending a
sum of money equal to 10% of the | ||||||
11 | bail, but in no event shall such deposit be
less than $25. The | ||||||
12 | clerk of the court shall provide a space on each form for a
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13 | person other than the accused who has provided the money for | ||||||
14 | the posting of
bail to so indicate and a space signed by an
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15 | accused who has executed the bail bond indicating whether a | ||||||
16 | person other
than the accused has provided the money for the | ||||||
17 | posting of bail. The form
shall also include a written notice | ||||||
18 | to such person who has provided
the defendant with the money | ||||||
19 | for the posting of bail indicating that the bail
may be used to | ||||||
20 | pay costs, attorney's fees, fines, or other purposes authorized
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21 | by the court and if the
defendant fails to comply with the | ||||||
22 | conditions of the bail bond, the court
shall enter an order | ||||||
23 | declaring the bail to be forfeited. The written notice
must be: |
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1 | (1) distinguishable from the surrounding text; (2) in bold type | ||||||
2 | or
underscored; and (3) in a type size at least 2 points larger | ||||||
3 | than the
surrounding type. When a person for whom
bail has been | ||||||
4 | set is charged with an offense under the Illinois Controlled
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5 | Substances Act or the Methamphetamine Control and Community | ||||||
6 | Protection Act which is a Class X felony, the court may require | ||||||
7 | the
defendant to deposit a sum equal to 100% of the bail.
Where | ||||||
8 | any person is charged with a forcible felony while free on bail | ||||||
9 | and
is the subject of proceedings under Section 109-3 of this | ||||||
10 | Code the judge
conducting the preliminary examination may also | ||||||
11 | conduct a hearing upon the
application of the State pursuant to | ||||||
12 | the provisions of Section 110-6 of this
Code to increase or | ||||||
13 | revoke the bail for that person's prior alleged offense.
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14 | (b) Upon depositing this sum and any bond fee authorized by | ||||||
15 | law, the person
shall be released
from custody subject to the | ||||||
16 | conditions of the bail bond.
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17 | (c) Once bail has been given and a charge is pending or
is | ||||||
18 | thereafter filed in or transferred to a court of competent
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19 | jurisdiction the latter court shall continue the original bail
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20 | in that court subject to the provisions of Section 110-6 of | ||||||
21 | this Code.
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22 | (d) After conviction the court may order that the original
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23 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
24 | bail
subject to the provisions of Section 110-6.2.
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25 | (e) After the entry of an order by the trial court allowing
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26 | or denying bail pending appeal either party may apply to the
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1 | reviewing court having jurisdiction or to a justice thereof
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2 | sitting in vacation for an order increasing or decreasing the
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3 | amount of bail or allowing or denying bail pending appeal | ||||||
4 | subject to the
provisions of Section 110-6.2.
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5 | (f) When the conditions of the bail bond have been | ||||||
6 | performed
and the accused has been discharged from all | ||||||
7 | obligations in the
cause the clerk of the court shall return to | ||||||
8 | the accused or to the
defendant's designee by an assignment | ||||||
9 | executed at the time the bail amount
is deposited, unless
the | ||||||
10 | court orders otherwise, 80%
90% of the sum which had been
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11 | deposited for bail bonds not exceeding $30,000 and 90% of the | ||||||
12 | sum which had been deposited for bail bonds exceeding $30,000
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13 | and shall retain as bail bond costs 10% of the amount
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14 | deposited. However, in no event shall the amount retained by | ||||||
15 | the
clerk as bail bond costs be less than $5. The county | ||||||
16 | sheriff shall retain the remaining 10% of the amount deposited | ||||||
17 | for bail bonds not exceeding $30,000 for sheriff's office | ||||||
18 | operations. However, in no event shall the amount retained by | ||||||
19 | the
sheriff for sheriff's office operations be less than $5.
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20 | Bail bond deposited by or on
behalf of a defendant in one case | ||||||
21 | may be used, in the court's discretion,
to satisfy financial | ||||||
22 | obligations of that same defendant incurred in a
different case | ||||||
23 | due to a fine, court costs,
restitution or fees of the | ||||||
24 | defendant's attorney of record. In counties with
a population | ||||||
25 | of 3,000,000 or more, the court shall
not order bail bond | ||||||
26 | deposited by or on behalf of a defendant in one case to
be used |
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1 | to satisfy financial obligations of that same defendant in a
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2 | different case until the bail bond is first used to satisfy | ||||||
3 | court costs , sheriff's office operations costs, and
attorney's | ||||||
4 | fees in
the case in which the bail bond has been deposited and | ||||||
5 | any other unpaid child
support obligations are satisfied. In | ||||||
6 | counties with a population of less than 3,000,000, the court | ||||||
7 | shall
not order bail bond deposited by or on behalf of a | ||||||
8 | defendant in one case to
be used to satisfy financial | ||||||
9 | obligations of that same defendant in a
different case until | ||||||
10 | the bail bond is first used to satisfy court costs and | ||||||
11 | sheriff's office operations costs
in
the case in which the bail | ||||||
12 | bond has been deposited.
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13 | At the request of the defendant the court may order such | ||||||
14 | 80%
90% of
defendant's bail deposit, or whatever amount is | ||||||
15 | repayable to defendant
from such deposit, to be paid to | ||||||
16 | defendant's attorney of record.
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17 | (g) If the accused does not comply with the conditions of
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18 | the bail bond the court having jurisdiction shall enter an
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19 | order declaring the bail to be forfeited. Notice of such order
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20 | of forfeiture shall be mailed forthwith to the accused at his
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21 | last known address. If the accused does not appear and | ||||||
22 | surrender
to the court having jurisdiction within 30 days from | ||||||
23 | the date of
the forfeiture or within such period satisfy the | ||||||
24 | court
that appearance and surrender by the accused is | ||||||
25 | impossible
and without his fault the court shall enter judgment | ||||||
26 | for the State if the
charge for which the bond was given was a |
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1 | felony
or misdemeanor, or if the charge was quasi-criminal or | ||||||
2 | traffic,
judgment for the political subdivision of the State | ||||||
3 | which
prosecuted the case, against the accused for the amount | ||||||
4 | of
the bail and costs of the court proceedings; however,
in | ||||||
5 | counties with a population of less than 3,000,000, instead of | ||||||
6 | the court
entering a judgment for the full amount
of the bond | ||||||
7 | the court may, in its discretion, enter judgment for the cash
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8 | deposit on the bond, less costs, retain the deposit for further | ||||||
9 | disposition or,
if a cash bond was posted for failure to appear | ||||||
10 | in a matter involving
enforcement of child support or | ||||||
11 | maintenance, the amount of the cash deposit on
the bond, less | ||||||
12 | outstanding costs, may be awarded to the person or entity to
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13 | whom the child support or maintenance is due. The deposit
made | ||||||
14 | in accordance with paragraph (a) shall be applied to
the | ||||||
15 | payment of costs. If judgment is entered and any amount of such
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16 | deposit remains
after the payment of costs it shall be applied | ||||||
17 | to payment of
the judgment and transferred to the treasury of | ||||||
18 | the municipal
corporation wherein the bond was taken if the | ||||||
19 | offense was a
violation of any penal ordinance of a political | ||||||
20 | subdivision
of this State, or to the treasury of the county | ||||||
21 | wherein the
bond was taken if the offense was a violation of | ||||||
22 | any penal
statute of this State. The balance of the judgment | ||||||
23 | may be
enforced and collected in the same manner as a judgment | ||||||
24 | entered
in a civil action.
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25 | (h) After a judgment for a fine and court costs or either | ||||||
26 | is
entered in the prosecution of a cause in which a deposit had
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1 | been made in accordance with paragraph (a) the balance of such
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2 | deposit, after deduction of bail bond costs and sheriff's | ||||||
3 | office operations costs , shall be applied
to the payment of the | ||||||
4 | judgment.
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5 | (Source: P.A. 93-371, eff. 1-1-04; 93-760, eff. 1-1-05; 94-556, | ||||||
6 | eff. 9-11-05.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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