Full Text of HB0927 97th General Assembly
HB0927ham001 97TH GENERAL ASSEMBLY | Rep. Karen A. Yarbrough Filed: 3/29/2011
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| 1 | | AMENDMENT TO HOUSE BILL 927
| 2 | | AMENDMENT NO. ______. Amend House Bill 927 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 110-8 as follows:
| 6 | | (725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
| 7 | | Sec. 110-8. Cash, stocks, bonds and real estate as security | 8 | | for bail.
| 9 | | (a) In lieu of the bail deposit provided for in Section | 10 | | 110-7 of this
Code any person for whom bail has been set may | 11 | | execute the bail bond with
or without sureties which bond may | 12 | | be secured:
| 13 | | (1) By a deposit, with the clerk of the court, of an amount | 14 | | equal to the
required bail, of cash, or stocks and bonds in | 15 | | which trustees are
authorized to invest trust funds under the | 16 | | laws of this State; or
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| 1 | | (2) By real estate situated in this State with unencumbered | 2 | | equity not
exempt owned by the accused or sureties worth double | 3 | | the amount of bail set
in the bond.
| 4 | | (b) If the bail bond is secured by stocks and bonds the | 5 | | accused or
sureties shall file with the bond a sworn schedule | 6 | | which shall be approved
by the court and shall contain:
| 7 | | (1) A list of the stocks and bonds deposited describing | 8 | | each in
sufficient detail that it may be identified;
| 9 | | (2) The market value of each stock and bond;
| 10 | | (3) The total market value of the stocks and bonds | 11 | | listed;
| 12 | | (4) A statement that the affiant is the sole owner of | 13 | | the stocks and
bonds listed and they are not exempt from | 14 | | the enforcement of a judgment
thereon;
| 15 | | (5) A statement that such stocks and bonds have not | 16 | | previously been used
or accepted as bail in this State | 17 | | during the 12 months preceding the date
of the bail bond; | 18 | | and
| 19 | | (6) A statement that such stocks and bonds are security | 20 | | for the
appearance of the accused in accordance with the | 21 | | conditions of the bail
bond.
| 22 | | (c) If the bail bond is secured by real estate the accused | 23 | | or sureties
shall file with the bond a sworn schedule which | 24 | | shall contain:
| 25 | | (1) A legal description of the real estate;
| 26 | | (2) A description of any and all encumbrances on the |
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| 1 | | real estate
including the amount of each and the holder | 2 | | thereof;
| 3 | | (3) The market value of the unencumbered equity owned | 4 | | by the affiant;
| 5 | | (4) A statement that the affiant is the sole owner of | 6 | | such unencumbered
equity and that it is not exempt from the | 7 | | enforcement of a judgment
thereon;
| 8 | | (5) A statement that the real estate has not previously | 9 | | been used or
accepted as bail in this State during the 12 | 10 | | months preceding the date of
the bail bond; and
| 11 | | (6) A statement that the real estate is security for | 12 | | the appearance of
the accused in accordance with the | 13 | | conditions of the bail bond.
| 14 | | (d) The sworn schedule shall constitute a material part of | 15 | | the bail
bond. The affiant commits perjury if in the sworn | 16 | | schedule he makes a false
statement which he does not believe | 17 | | to be true. He shall be prosecuted and
punished accordingly, | 18 | | or, he may be punished for contempt.
| 19 | | (e) A certified copy of the bail bond and schedule of real | 20 | | estate shall
be filed immediately in the office of the | 21 | | registrar of titles or recorder
of the county in which the real | 22 | | estate is situated and the State
shall have a lien on such real | 23 | | estate from the time such copies are filed
in the office of the | 24 | | registrar of titles or recorder. The
registrar of titles or | 25 | | recorder shall enter, index and record (or
register as the case | 26 | | may be) such bail bonds and schedules without
requiring any |
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| 1 | | advance fee, which fee shall be taxed as costs in the
| 2 | | proceeding and paid out of such costs when collected.
| 3 | | (f) When the conditions of the bail bond have been | 4 | | performed and the
accused has been discharged from his | 5 | | obligations in the cause, the clerk of
the court shall retain | 6 | | 2% and return to him or his sureties the remainder of the | 7 | | deposit of any cash,
or shall return to him or her or his or her | 8 | | sureties the deposit of any stocks or bonds. If the bail bond | 9 | | has been secured by stocks, bonds, or real estate, the | 10 | | defendant shall pay to the clerk of the court a document | 11 | | storage fee pursuant to Section 27.3c of the Clerks of Courts | 12 | | Act in advance of the return of the stocks, bonds, or real | 13 | | estate. If the bail bond has been secured by real estate the | 14 | | clerk
of the court shall forthwith notify in writing the | 15 | | registrar of titles or
recorder and the lien of the bail bond | 16 | | on the real estate shall be
discharged. The clerk of the court | 17 | | shall not retain any amount from the bail bond in child support | 18 | | cases.
| 19 | | (g) If the accused does not comply with the conditions of | 20 | | the bail bond
the court having jurisdiction shall enter an | 21 | | order declaring the bail to be
forfeited. Notice of such order | 22 | | of forfeiture shall be mailed forthwith by
the clerk of the | 23 | | court to the accused and his sureties at their last known
| 24 | | address. If the accused does not appear and surrender to the | 25 | | court having
jurisdiction within 30 days from the date of the | 26 | | forfeiture or within such
period satisfy the court that |
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| 1 | | appearance and surrender by the accused is
impossible and | 2 | | without his fault
the court shall enter judgment for the
State | 3 | | against the accused and his sureties for the amount of the bail | 4 | | and
costs of the proceedings; however,
in counties with a | 5 | | population of less than
3,000,000, if the defendant has
posted | 6 | | a
cash bond, instead of the court entering a judgment for the | 7 | | full amount of the
bond the court may, in its discretion, enter | 8 | | judgment for the cash deposit on
the bond, less costs, retain | 9 | | the deposit for further disposition or, if a cash
bond was | 10 | | posted for failure to appear in a matter involving enforcement | 11 | | of
child support or maintenance, the amount of the cash deposit | 12 | | on the bond, less
outstanding costs, may be awarded to the | 13 | | person or entity to whom the child
support or maintenance is | 14 | | due.
| 15 | | (h) When judgment is entered in favor of the State on any | 16 | | bail bond
given for a felony or misdemeanor, or judgement for a | 17 | | political subdivision
of the state on any bail bond given for a | 18 | | quasi-criminal or traffic
offense, the State's Attorney or | 19 | | political subdivision's attorney shall
forthwith obtain a | 20 | | certified copy of the
judgment and deliver same to the
sheriff | 21 | | to be enforced by levy on the stocks or
bonds deposited with
| 22 | | the clerk of the court and the real estate described in the | 23 | | bail bond
schedule. Any cash forfeited under subsection (g) of | 24 | | this
Section shall be used to satisfy the judgment and costs | 25 | | and, without
necessity of levy, ordered paid
into the treasury | 26 | | of the municipal corporation wherein the bail bond was
taken if |
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| 1 | | the offense was a violation of any penal ordinance of a | 2 | | political
subdivision of this State, or into the treasury of | 3 | | the county wherein the
bail bond was taken if the offense was a | 4 | | violation of any penal statute of
this State, or to the person | 5 | | or entity to whom child support or maintenance
is owed if the | 6 | | bond was taken for failure to appear in a matter involving | 7 | | child
support or maintenance. The stocks, bonds and real estate | 8 | | shall be sold in
the same
manner as in sales for the | 9 | | enforcement of a judgment in
civil actions and the proceeds of | 10 | | such sale
shall be used to satisfy all court costs, prior | 11 | | encumbrances, if any, and
from the balance a sufficient amount | 12 | | to satisfy the judgment shall be paid
into the treasury of the | 13 | | municipal corporation wherein the bail bond was
taken if the | 14 | | offense was a violation of any penal ordinance of a political
| 15 | | subdivision of this State, or into the treasury of the county | 16 | | wherein the
bail bond was taken if the offense was a violation | 17 | | of any penal statute of
this State. The balance shall be | 18 | | returned to the owner. The real estate so
sold may be redeemed | 19 | | in the same manner as real estate may be redeemed
after | 20 | | judicial sales or sales for the enforcement of
judgments in | 21 | | civil actions.
| 22 | | (i) No stocks, bonds or real estate may be used or accepted | 23 | | as bail bond
security in this State more than once in any 12 | 24 | | month period.
| 25 | | (Source: P.A. 89-469, eff. 1-1-97.)".
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