97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2870

 

Introduced 2/1/2012, by Sen. Mike Jacobs

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-7  from Ch. 38, par. 110-7

    Amends the Code of Criminal Procedure of 1963. Provides that a person for whom bail has been set may execute the bail bond by depositing with the clerk of the court before which the proceeding is pending a surety bond in an amount equal to 25% of the bail, executed by a surety approved by the court.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2870LRB097 16338 RLC 61493 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 either: (1) a sum of money equal to
1110% of the bail, but in no event shall such deposit be less
12than $25; or (2) a surety bond in an amount equal to 25% of the
13bail, executed by a surety approved by the court. The clerk of
14the court shall provide a space on each form for a person other
15than the accused who has provided the money for the posting of
16bail to so indicate and a space signed by an accused who has
17executed the bail bond indicating whether a person other than
18the accused has provided the money for the posting of bail. The
19form shall also include a written notice to such person who has
20provided the defendant with the money for the posting of bail
21indicating that the bail may be used to pay costs, attorney's
22fees, fines, or other purposes authorized by the court and if
23the defendant fails to comply with the conditions of the bail

 

 

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1bond, the court shall enter an order declaring the bail to be
2forfeited. The written notice must be: (1) distinguishable from
3the surrounding text; (2) in bold type or underscored; and (3)
4in a type size at least 2 points larger than the surrounding
5type. When a person for whom bail has been set is charged with
6an offense under the Illinois Controlled Substances Act or the
7Methamphetamine Control and Community Protection Act which is a
8Class X felony, or making a terrorist threat in violation of
9Section 29D-20 of the Criminal Code of 1961 or an attempt to
10commit the offense of making a terrorist threat, the court may
11require the defendant to deposit a sum equal to 100% of the
12bail. Where any person is charged with a forcible felony while
13free on bail and is the subject of proceedings under Section
14109-3 of this Code the judge conducting the preliminary
15examination may also conduct a hearing upon the application of
16the State pursuant to the provisions of Section 110-6 of this
17Code to increase or revoke the bail for that person's prior
18alleged offense.
19    (b) Upon depositing this sum and any bond fee authorized by
20law, the person shall be released from custody subject to the
21conditions of the bail bond.
22    (c) Once bail has been given and a charge is pending or is
23thereafter filed in or transferred to a court of competent
24jurisdiction the latter court shall continue the original bail
25in that court subject to the provisions of Section 110-6 of
26this Code.

 

 

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

 

 

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1different case until the bail bond is first used to satisfy
2court costs and attorney's fees in the case in which the bail
3bond has been deposited and any other unpaid child support
4obligations are satisfied. In counties with a population of
5less than 3,000,000, the court shall not order bail bond
6deposited by or on behalf of a defendant in one case to be used
7to satisfy financial obligations of that same defendant in a
8different case until the bail bond is first used to satisfy
9court costs in the case in which the bail bond has been
10deposited.
11    At the request of the defendant the court may order such
1290% of defendant's bail deposit, or whatever amount is
13repayable to defendant from such deposit, to be paid to
14defendant's attorney of record.
15    (g) If the accused does not comply with the conditions of
16the bail bond the court having jurisdiction shall enter an
17order declaring the bail to be forfeited. Notice of such order
18of forfeiture shall be mailed forthwith to the accused at his
19last known address. If the accused does not appear and
20surrender to the court having jurisdiction within 30 days from
21the date of the forfeiture or within such period satisfy the
22court that appearance and surrender by the accused is
23impossible and without his fault the court shall enter judgment
24for the State if the charge for which the bond was given was a
25felony or misdemeanor, or if the charge was quasi-criminal or
26traffic, judgment for the political subdivision of the State

 

 

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

 

 

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1to the payment of the judgment.
2    (i) When a court appearance is required for an alleged
3violation of the Criminal Code of 1961, the Illinois Vehicle
4Code, the Wildlife Code, the Fish and Aquatic Life Code, the
5Child Passenger Protection Act, or a comparable offense of a
6unit of local government as specified in Supreme Court Rule
7551, and if the accused does not appear in court on the date
8set for appearance or any date to which the case may be
9continued and the court issues an arrest warrant for the
10accused, based upon his or her failure to appear when having so
11previously been ordered to appear by the court, the accused
12upon his or her admission to bail shall be assessed by the
13court a fee of $75. Payment of the fee shall be a condition of
14release unless otherwise ordered by the court. The fee shall be
15in addition to any bail that the accused is required to deposit
16for the offense for which the accused has been charged and may
17not be used for the payment of court costs or fines assessed
18for the offense. The clerk of the court shall remit $70 of the
19fee assessed to the arresting agency who brings the offender in
20on the arrest warrant. If the Department of State Police is the
21arresting agency, $70 of the fee assessed shall be remitted by
22the clerk of the court to the State Treasurer within one month
23after receipt for deposit into the State Police Operations
24Assistance Fund. The clerk of the court shall remit $5 of the
25fee assessed to the Circuit Court Clerk Operation and
26Administrative Fund as provided in Section 27.3d of the Clerks

 

 

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1of Courts Act.
2(Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12.)