HB2581 EngrossedLRB097 07363 RLC 47472 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 110-7 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 the
9bail bond and deposit with the clerk of the court before which
10the proceeding is pending a sum of money equal to 10% of the
11bail, but in no event shall such deposit be less than $25. The
12clerk of the court shall provide a space on each form for a
13person other than the accused who has provided the money for
14the posting of bail to so indicate and a space signed by an
15accused who has executed the bail bond indicating whether a
16person other than the accused has provided the money for the
17posting of bail. The form shall also include a written notice
18to such person who has provided the defendant with the money
19for the posting of bail indicating that the bail may be used to
20pay costs, attorney's fees, fines, or other purposes authorized
21by the court and if the defendant fails to comply with the
22conditions of the bail bond, the court shall enter an order
23declaring 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
2or underscored; and (3) in a type size at least 2 points larger
3than the surrounding type. When a person for whom bail has been
4set is charged with an offense under the Illinois Controlled
5Substances Act or the Methamphetamine Control and Community
6Protection Act which is a Class X felony, or making a terrorist
7threat in violation of Section 29D-20 of the Criminal Code of
81961 or an attempt to commit the offense of making a terrorist
9threat, the court may require the defendant to deposit a sum
10equal to 100% of the bail. Where any person is charged with a
11forcible felony while free on bail and is the subject of
12proceedings under Section 109-3 of this Code the judge
13conducting the preliminary examination may also conduct a
14hearing upon the application of the State pursuant to the
15provisions of Section 110-6 of this Code to increase or revoke
16the bail for that person's prior alleged offense.
17    (b) Upon depositing this sum and any bond fee authorized by
18law, the person shall be released from custody subject to the
19conditions of the bail bond.
20    (c) Once bail has been given and a charge is pending or is
21thereafter filed in or transferred to a court of competent
22jurisdiction the latter court shall continue the original bail
23in that court subject to the provisions of Section 110-6 of
24this Code.
25    (d) After conviction the court may order that the original
26bail stand as bail pending appeal or deny, increase or reduce

 

 

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1bail subject to the provisions of Section 110-6.2.
2    (e) After the entry of an order by the trial court allowing
3or denying bail pending appeal either party may apply to the
4reviewing court having jurisdiction or to a justice thereof
5sitting in vacation for an order increasing or decreasing the
6amount of bail or allowing or denying bail pending appeal
7subject to the provisions of Section 110-6.2.
8    (f) When the conditions of the bail bond have been
9performed and the accused has been discharged from all
10obligations in the cause the clerk of the court shall return to
11the accused or to the defendant's designee by an assignment
12executed at the time the bail amount is deposited, unless the
13court orders otherwise, 90% of the sum which had been deposited
14and shall retain as bail bond costs 10% of the amount
15deposited. However, in no event shall the amount retained by
16the clerk as bail bond costs be less than $5. Bail bond
17deposited by or on behalf of a defendant in one case may be
18used, in the court's discretion, to satisfy financial
19obligations of that same defendant incurred in a different case
20due to a fine, court costs, restitution or fees of the
21defendant's attorney of record. In counties with a population
22of 3,000,000 or more, the court shall not order bail bond
23deposited by or on behalf of a defendant in one case to be used
24to satisfy financial obligations of that same defendant in a
25different case until the bail bond is first used to satisfy
26court costs and attorney's fees in the case in which the bail

 

 

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1bond has been deposited and any other unpaid child support
2obligations are satisfied. In counties with a population of
3less than 3,000,000, the court shall not order bail bond
4deposited by or on behalf of a defendant in one case to be used
5to satisfy financial obligations of that same defendant in a
6different case until the bail bond is first used to satisfy
7court costs in the case in which the bail bond has been
8deposited.
9    At the request of the defendant the court may order such
1090% of defendant's bail deposit, or whatever amount is
11repayable to defendant from such deposit, to be paid to
12defendant's attorney of record.
13    (g) If the accused does not comply with the conditions of
14the bail bond the court having jurisdiction shall enter an
15order declaring the bail to be forfeited. Notice of such order
16of forfeiture shall be mailed forthwith to the accused at his
17last known address. If the accused does not appear and
18surrender to the court having jurisdiction within 30 days from
19the date of the forfeiture or within such period satisfy the
20court that appearance and surrender by the accused is
21impossible and without his fault the court shall enter judgment
22for the State if the charge for which the bond was given was a
23felony or misdemeanor, or if the charge was quasi-criminal or
24traffic, judgment for the political subdivision of the State
25which prosecuted the case, against the accused for the amount
26of the bail and costs of the court proceedings; however, in

 

 

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1counties with a population of less than 3,000,000, instead of
2the court entering a judgment for the full amount of the bond
3the court may, in its discretion, enter judgment for the cash
4deposit on the bond, less costs, retain the deposit for further
5disposition or, if a cash bond was posted for failure to appear
6in a matter involving enforcement of child support or
7maintenance, the amount of the cash deposit on the bond, less
8outstanding costs, may be awarded to the person or entity to
9whom the child support or maintenance is due. The deposit made
10in accordance with paragraph (a) shall be applied to the
11payment of costs. If judgment is entered and any amount of such
12deposit remains after the payment of costs it shall be applied
13to payment of the judgment and transferred to the treasury of
14the municipal corporation wherein the bond was taken if the
15offense was a violation of any penal ordinance of a political
16subdivision of this State, or to the treasury of the county
17wherein the bond was taken if the offense was a violation of
18any penal statute of this State. The balance of the judgment
19may be enforced and collected in the same manner as a judgment
20entered in a civil action.
21    (h) After a judgment for a fine and court costs or either
22is entered in the prosecution of a cause in which a deposit had
23been made in accordance with paragraph (a) the balance of such
24deposit, after deduction of bail bond costs, shall be applied
25to the payment of the judgment.
26    (i) When a court appearance is required for an alleged

 

 

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1violation of the Criminal Code of 1961, the Illinois Vehicle
2Code, the Wildlife Code, the Fish and Aquatic Life Code, the
3Child Passenger Protection Act, or a comparable offense of a
4unit of local government as specified in Supreme Court Rule
5551, and if the accused does not appear in court on the date
6set for appearance or any date to which the case may be
7continued and the court issues an arrest warrant for the
8accused, based upon his or her failure to appear when having so
9previously been ordered to appear by the court, the accused
10upon his or her admission to bail shall be assessed by the
11court a fee of $75. Payment of the fee shall be a condition of
12release unless otherwise ordered by the court. The fee shall be
13in addition to any bail that the accused is required to deposit
14for the offense for which the accused has been charged and may
15not be used for the payment of court costs or fines assessed
16for the offense. The clerk of the court shall remit $70 of the
17fee assessed to the arresting agency who brings the offender in
18on the arrest warrant. If the Department of State Police is the
19arresting agency, $70 of the fee assessed shall be remitted by
20the clerk of the court to the State Treasurer within one month
21after receipt for deposit into the State Police Operations
22Assistance Fund. The clerk of the court shall remit $5 of the
23fee assessed to the Circuit Court Clerk Operation and
24Administrative Fund as provided in Section 27.3d of the Clerks
25of Courts Act.
26(Source: P.A. 95-952, eff. 8-29-08; 96-1431, eff. 1-1-11.)