Rep. Karen A. Yarbrough
Filed: 3/29/2011
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1 | AMENDMENT TO HOUSE BILL 928
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2 | AMENDMENT NO. ______. Amend House Bill 928 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | posting of bail. The form
shall also include a written notice | ||||||
2 | to such person who has provided
the defendant with the money | ||||||
3 | for the posting of bail indicating that the bail
may be used to | ||||||
4 | pay costs, attorney's fees, fines, or other purposes authorized
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5 | by the court and if the
defendant fails to comply with the | ||||||
6 | conditions of the bail bond, the court
shall enter an order | ||||||
7 | declaring the bail to be forfeited. The written notice
must be: | ||||||
8 | (1) distinguishable from the surrounding text; (2) in bold type | ||||||
9 | or
underscored; and (3) in a type size at least 2 points larger | ||||||
10 | than the
surrounding type. When a person for whom
bail has been | ||||||
11 | set is charged with an offense under the Illinois Controlled
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12 | Substances Act or the Methamphetamine Control and Community | ||||||
13 | Protection Act which is a Class X felony, or making a terrorist | ||||||
14 | threat in violation of
Section 29D-20 of the Criminal Code of | ||||||
15 | 1961 or an attempt to commit the offense of making a terrorist | ||||||
16 | threat, the court may require the
defendant to deposit a sum | ||||||
17 | equal to 100% of the bail.
Where any person is charged with a | ||||||
18 | forcible felony while free on bail and
is the subject of | ||||||
19 | proceedings under Section 109-3 of this Code the judge
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20 | conducting the preliminary examination may also conduct a | ||||||
21 | hearing upon the
application of the State pursuant to the | ||||||
22 | provisions of Section 110-6 of this
Code to increase or revoke | ||||||
23 | the bail for that person's prior alleged offense.
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24 | (b) Upon depositing this sum and any bond fee authorized by | ||||||
25 | law, the person
shall be released
from custody subject to the | ||||||
26 | conditions of the bail bond.
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1 | (c) Once bail has been given and a charge is pending or
is | ||||||
2 | thereafter filed in or transferred to a court of competent
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3 | jurisdiction the latter court shall continue the original bail
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4 | in that court subject to the provisions of Section 110-6 of | ||||||
5 | this Code.
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6 | (d) After conviction the court may order that the original
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7 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
8 | bail
subject to the provisions of Section 110-6.2.
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9 | (e) After the entry of an order by the trial court allowing
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10 | or denying bail pending appeal either party may apply to the
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11 | reviewing court having jurisdiction or to a justice thereof
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12 | sitting in vacation for an order increasing or decreasing the
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13 | amount of bail or allowing or denying bail pending appeal | ||||||
14 | subject to the
provisions of Section 110-6.2.
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15 | (f) When the conditions of the bail bond have been | ||||||
16 | performed
and the accused has been discharged from all | ||||||
17 | obligations in the
cause the clerk of the court shall return to | ||||||
18 | the accused or to the
defendant's designee by an assignment | ||||||
19 | executed at the time the bail amount
is deposited, unless
the | ||||||
20 | court orders otherwise, 80% 90% of the sum which had been
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21 | deposited and shall retain as bail bond costs 20% 10% of the | ||||||
22 | amount
deposited. However, in no event shall the amount | ||||||
23 | retained by the
clerk as bail bond costs be less than $5. Bail | ||||||
24 | bond deposited by or on
behalf of a defendant in one case may | ||||||
25 | be used, in the court's discretion,
to satisfy financial | ||||||
26 | obligations of that same defendant incurred in a
different case |
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1 | due to a fine, court costs,
restitution or fees of the | ||||||
2 | defendant's attorney of record. In counties with
a population | ||||||
3 | of 3,000,000 or more, the court shall
not order bail bond | ||||||
4 | deposited by or on behalf of a defendant in one case to
be used | ||||||
5 | to satisfy financial obligations of that same defendant in a
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6 | different case until the bail bond is first used to satisfy | ||||||
7 | court costs and
attorney's fees in
the case in which the bail | ||||||
8 | bond has been deposited and any other unpaid child
support | ||||||
9 | obligations are satisfied. In counties with a population of | ||||||
10 | less than 3,000,000, the court shall
not order bail bond | ||||||
11 | deposited by or on behalf of a defendant in one case to
be used | ||||||
12 | to satisfy financial obligations of that same defendant in a
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13 | different case until the bail bond is first used to satisfy | ||||||
14 | court costs
in
the case in which the bail bond has been | ||||||
15 | deposited.
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16 | At the request of the defendant the court may order such | ||||||
17 | 80% 90% of
defendant's bail deposit, or whatever amount is | ||||||
18 | repayable to defendant
from such deposit, to be paid to | ||||||
19 | defendant's attorney of record.
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20 | (g) If the accused does not comply with the conditions of
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21 | the bail bond the court having jurisdiction shall enter an
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22 | order declaring the bail to be forfeited. Notice of such order
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23 | of forfeiture shall be mailed forthwith to the accused at his
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24 | last known address. If the accused does not appear and | ||||||
25 | surrender
to the court having jurisdiction within 30 days from | ||||||
26 | the date of
the forfeiture or within such period satisfy the |
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1 | court
that appearance and surrender by the accused is | ||||||
2 | impossible
and without his fault the court shall enter judgment | ||||||
3 | for the State if the
charge for which the bond was given was a | ||||||
4 | felony
or misdemeanor, or if the charge was quasi-criminal or | ||||||
5 | traffic,
judgment for the political subdivision of the State | ||||||
6 | which
prosecuted the case, against the accused for the amount | ||||||
7 | of
the bail and costs of the court proceedings; however,
in | ||||||
8 | counties with a population of less than 3,000,000, instead of | ||||||
9 | the court
entering a judgment for the full amount
of the bond | ||||||
10 | the court may, in its discretion, enter judgment for the cash
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11 | deposit on the bond, less costs, retain the deposit for further | ||||||
12 | disposition or,
if a cash bond was posted for failure to appear | ||||||
13 | in a matter involving
enforcement of child support or | ||||||
14 | maintenance, the amount of the cash deposit on
the bond, less | ||||||
15 | outstanding costs, may be awarded to the person or entity to
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16 | whom the child support or maintenance is due. The deposit
made | ||||||
17 | in accordance with paragraph (a) shall be applied to
the | ||||||
18 | payment of costs. If judgment is entered and any amount of such
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19 | deposit remains
after the payment of costs it shall be applied | ||||||
20 | to payment of
the judgment and transferred to the treasury of | ||||||
21 | the municipal
corporation wherein the bond was taken if the | ||||||
22 | offense was a
violation of any penal ordinance of a political | ||||||
23 | subdivision
of this State, or to the treasury of the county | ||||||
24 | wherein the
bond was taken if the offense was a violation of | ||||||
25 | any penal
statute of this State. The balance of the judgment | ||||||
26 | may be
enforced and collected in the same manner as a judgment |
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1 | entered
in a civil action.
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2 | (h) After a judgment for a fine and court costs or either | ||||||
3 | is
entered in the prosecution of a cause in which a deposit had
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4 | been made in accordance with paragraph (a) the balance of such
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5 | deposit, after deduction of bail bond costs, shall be applied
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6 | to the payment of the judgment.
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7 | (i) When a court appearance is required for an alleged | ||||||
8 | violation of the Criminal Code of 1961, the Illinois Vehicle | ||||||
9 | Code, the Wildlife Code, the Fish and Aquatic Life Code, the | ||||||
10 | Child Passenger Protection Act, or a comparable offense of a | ||||||
11 | unit of local government as specified in Supreme Court Rule | ||||||
12 | 551, and if the accused does not appear in court on the date | ||||||
13 | set for appearance or any date to which the case may be | ||||||
14 | continued and the court issues an arrest warrant for the | ||||||
15 | accused, based upon his or her failure to appear when having so | ||||||
16 | previously been ordered to appear by the court, the accused | ||||||
17 | upon his or her admission to bail shall be assessed by the | ||||||
18 | court a fee of $75. The fee shall be in addition to any bail | ||||||
19 | that the accused is required to deposit for the offense for | ||||||
20 | which the accused has been charged and may not be used for the | ||||||
21 | payment of court costs or fines assessed for the offense. The | ||||||
22 | clerk of the court shall remit $70 of the fee assessed to the | ||||||
23 | apprehending arresting agency who brings the offender in on the | ||||||
24 | arrest warrant ; provided that the apprehending agency has | ||||||
25 | identified itself and provided its address to the clerk of the | ||||||
26 | court in writing on a form to be provided by the clerk of the |
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1 | court . The clerk of the court shall remit $5 of the fee | ||||||
2 | assessed to the Circuit Court Clerk Operation and | ||||||
3 | Administrative Fund as provided in Section 27.3d of the Clerks | ||||||
4 | of Courts Act.
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5 | (Source: P.A. 95-952, eff. 8-29-08; 96-1431, eff. 1-1-11.)".
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