Illinois General Assembly - Full Text of SB1348
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Full Text of SB1348  95th General Assembly

SB1348eng 95TH GENERAL ASSEMBLY



 


 
SB1348 Engrossed LRB095 07058 RLC 28363 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended 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
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
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
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
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
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.
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.
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
19 jurisdiction the latter court shall continue the original bail
20 in that court subject to the provisions of Section 110-6 of
21 this Code.
22     (d) After conviction the court may order that the original
23 bail stand as bail pending appeal or deny, increase or reduce
24 bail subject to the provisions of Section 110-6.2.
25     (e) After the entry of an order by the trial court allowing
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
2 sitting in vacation for an order increasing or decreasing the
3 amount of bail or allowing or denying bail pending appeal
4 subject to the provisions of Section 110-6.2.
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
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
13 and shall retain as bail bond costs 10% of the amount
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.
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

 

 

SB1348 Engrossed - 4 - LRB095 07058 RLC 28363 b

1 to satisfy financial obligations of that same defendant in a
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.
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.
17     (g) If the accused does not comply with the conditions of
18 the bail bond the court having jurisdiction shall enter an
19 order declaring the bail to be forfeited. Notice of such order
20 of forfeiture shall be mailed forthwith to the accused at his
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
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
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
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.
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

 

 

SB1348 Engrossed - 6 - LRB095 07058 RLC 28363 b

1 been made in accordance with paragraph (a) the balance of such
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.
5 (Source: P.A. 93-371, eff. 1-1-04; 93-760, eff. 1-1-05; 94-556,
6 eff. 9-11-05.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.