Rep. La Shawn K. Ford
Filed: 4/8/2015
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1 | AMENDMENT TO HOUSE BILL 1119
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2 | AMENDMENT NO. ______. Amend House Bill 1119 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 the Criminal Code of 2012 or an attempt to commit the | ||||||
16 | offense of making a terrorist threat, the court may require the
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17 | defendant to deposit a sum equal to 100% of the bail.
Where any | ||||||
18 | person is charged with a forcible felony while free on bail and
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19 | is the subject of proceedings under Section 109-3 of this Code | ||||||
20 | the judge
conducting the preliminary examination may also | ||||||
21 | conduct a hearing upon the
application of the State pursuant to | ||||||
22 | the provisions of Section 110-6 of this
Code to increase or | ||||||
23 | revoke 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, 90% of the sum which had been
deposited | ||||||
21 | and shall retain as bail bond costs 10% of the amount
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22 | deposited. However, in no event shall the amount retained by | ||||||
23 | the
clerk as bail bond costs be less than $5. Notwithstanding | ||||||
24 | the foregoing, in counties with a population of 3,000,000 or | ||||||
25 | more, in no event shall the amount retained by the clerk as | ||||||
26 | bail bond costs exceed $100. Bail bond deposited by or on
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1 | behalf of a defendant in one case may be used, in the court's | ||||||
2 | discretion,
to satisfy financial obligations of that same | ||||||
3 | defendant incurred in a
different case due to a fine, court | ||||||
4 | costs,
restitution or fees of the defendant's attorney of | ||||||
5 | record. In counties with
a population of 3,000,000 or more, the | ||||||
6 | court shall
not order bail bond deposited by or on behalf of a | ||||||
7 | defendant in one case to
be used to satisfy financial | ||||||
8 | obligations of that same defendant in a
different case until | ||||||
9 | the bail bond is first used to satisfy court costs and
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10 | attorney's fees in
the case in which the bail bond has been | ||||||
11 | deposited and any other unpaid child
support obligations are | ||||||
12 | satisfied. In counties with a population of less than | ||||||
13 | 3,000,000, the court shall
not order bail bond deposited by or | ||||||
14 | on behalf of a defendant in one case to
be used to satisfy | ||||||
15 | financial obligations of that same defendant in a
different | ||||||
16 | case until the bail bond is first used to satisfy court costs
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17 | in
the case in which the bail bond has been deposited.
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18 | At the request of the defendant the court may order such | ||||||
19 | 90% of
defendant's bail deposit, or whatever amount is | ||||||
20 | repayable to defendant
from such deposit, to be paid to | ||||||
21 | defendant's attorney of record.
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22 | (g) If the accused does not comply with the conditions of
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23 | the bail bond the court having jurisdiction shall enter an
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24 | order declaring the bail to be forfeited. Notice of such order
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25 | of forfeiture shall be mailed forthwith to the accused at his
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26 | last known address. If the accused does not appear and |
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1 | surrender
to the court having jurisdiction within 30 days from | ||||||
2 | the date of
the forfeiture or within such period satisfy the | ||||||
3 | court
that appearance and surrender by the accused is | ||||||
4 | impossible
and without his fault the court shall enter judgment | ||||||
5 | for the State if the
charge for which the bond was given was a | ||||||
6 | felony
or misdemeanor, or if the charge was quasi-criminal or | ||||||
7 | traffic,
judgment for the political subdivision of the State | ||||||
8 | which
prosecuted the case, against the accused for the amount | ||||||
9 | of
the bail and costs of the court proceedings; however,
in | ||||||
10 | counties with a population of less than 3,000,000, instead of | ||||||
11 | the court
entering a judgment for the full amount
of the bond | ||||||
12 | the court may, in its discretion, enter judgment for the cash
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13 | deposit on the bond, less costs, retain the deposit for further | ||||||
14 | disposition or,
if a cash bond was posted for failure to appear | ||||||
15 | in a matter involving
enforcement of child support or | ||||||
16 | maintenance, the amount of the cash deposit on
the bond, less | ||||||
17 | outstanding costs, may be awarded to the person or entity to
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18 | whom the child support or maintenance is due. The deposit
made | ||||||
19 | in accordance with paragraph (a) shall be applied to
the | ||||||
20 | payment of costs. If judgment is entered and any amount of such
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21 | deposit remains
after the payment of costs it shall be applied | ||||||
22 | to payment of
the judgment and transferred to the treasury of | ||||||
23 | the municipal
corporation wherein the bond was taken if the | ||||||
24 | offense was a
violation of any penal ordinance of a political | ||||||
25 | subdivision
of this State, or to the treasury of the county | ||||||
26 | wherein the
bond was taken if the offense was a violation of |
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1 | any penal
statute of this State. The balance of the judgment | ||||||
2 | may be
enforced and collected in the same manner as a judgment | ||||||
3 | entered
in a civil action.
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4 | (h) After a judgment for a fine and court costs or either | ||||||
5 | is
entered in the prosecution of a cause in which a deposit had
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6 | been made in accordance with paragraph (a) the balance of such
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7 | deposit, after deduction of bail bond costs, shall be applied
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8 | to the payment of the judgment.
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9 | (i) When a court appearance is required for an alleged | ||||||
10 | violation of the Criminal Code of 1961, the Criminal Code of | ||||||
11 | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||||||
12 | and Aquatic Life Code, the Child Passenger Protection Act, or a | ||||||
13 | comparable offense of a unit of local government as specified | ||||||
14 | in Supreme Court Rule 551, and if the accused does not appear | ||||||
15 | in court on the date set for appearance or any date to which | ||||||
16 | the case may be continued and the court issues an arrest | ||||||
17 | warrant for the accused, based upon his or her failure to | ||||||
18 | appear when having so previously been ordered to appear by the | ||||||
19 | court, the accused upon his or her admission to bail shall be | ||||||
20 | assessed by the court a fee of $75. Payment of the fee shall be | ||||||
21 | a condition of release unless otherwise ordered by the court. | ||||||
22 | The fee shall be in addition to any bail that the accused is | ||||||
23 | required to deposit for the offense for which the accused has | ||||||
24 | been charged and may not be used for the payment of court costs | ||||||
25 | or fines assessed for the offense. The clerk of the court shall | ||||||
26 | remit $70 of the fee assessed to the arresting agency who |
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1 | brings the offender in on the arrest warrant. If the Department | ||||||
2 | of State Police is the arresting agency, $70 of the fee | ||||||
3 | assessed shall be remitted by the clerk of the court to the | ||||||
4 | State Treasurer within one month after receipt for deposit into | ||||||
5 | the State Police Operations Assistance Fund. The clerk of the | ||||||
6 | court shall remit $5 of the fee assessed to the Circuit Court | ||||||
7 | Clerk Operation and Administrative Fund as provided in Section | ||||||
8 | 27.3d of the Clerks of Courts Act.
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9 | (Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12; | ||||||
10 | 97-1150, eff. 1-25-13.)
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11 | Section 99. Effective date. This Act takes effect January | ||||||
12 | 1, 2016.".
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