Full Text of HB0927 97th General Assembly
HB0927ham002 97TH GENERAL ASSEMBLY | Rep. Karen A. Yarbrough Filed: 4/11/2011
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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 Sections 110-7 and 110-8 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 |
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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
| 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
| 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 an attempt to commit the offense of making a terrorist | 16 | | threat, the court may require the
defendant to deposit a sum | 17 | | equal to 100% of the bail.
Where any person is charged with a | 18 | | forcible felony while free on bail and
is the subject of | 19 | | proceedings under Section 109-3 of this Code the judge
| 20 | | conducting the preliminary examination may also conduct a | 21 | | hearing upon the
application of the State pursuant to the | 22 | | provisions of Section 110-6 of this
Code to increase or revoke | 23 | | the bail for that person's prior alleged offense.
| 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
| 3 | | jurisdiction the latter court shall continue the original bail
| 4 | | in that court subject to the provisions of Section 110-6 of | 5 | | this Code.
| 6 | | (d) After conviction the court may order that the original
| 7 | | bail stand as bail pending appeal or deny, increase or reduce | 8 | | bail
subject to the provisions of Section 110-6.2.
| 9 | | (e) After the entry of an order by the trial court allowing
| 10 | | or denying bail pending appeal either party may apply to the
| 11 | | reviewing court having jurisdiction or to a justice thereof
| 12 | | sitting in vacation for an order increasing or decreasing the
| 13 | | amount of bail or allowing or denying bail pending appeal | 14 | | subject to the
provisions of Section 110-6.2.
| 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, 85% 90% of the sum which had been
| 21 | | deposited and shall retain as bail bond costs 15% 10% of the | 22 | | amount
deposited. However, in no event shall the amount | 23 | | retained by the
clerk as bail bond costs be less than $5. Bail | 24 | | bond deposited by or on
behalf of a defendant in one case may | 25 | | be used, in the court's discretion,
to satisfy financial | 26 | | obligations of that same defendant incurred in a
different case |
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| 1 | | due to a fine, court costs,
restitution or fees of the | 2 | | defendant's attorney of record. In counties with
a population | 3 | | of 3,000,000 or more, the court shall
not order bail bond | 4 | | deposited by or on behalf of a defendant in one case to
be used | 5 | | to satisfy financial obligations of that same defendant in a
| 6 | | different case until the bail bond is first used to satisfy | 7 | | court costs and
attorney's fees in
the case in which the bail | 8 | | bond has been deposited and any other unpaid child
support | 9 | | obligations are satisfied. In counties with a population of | 10 | | less than 3,000,000, the court shall
not order bail bond | 11 | | deposited by or on behalf of a defendant in one case to
be used | 12 | | to satisfy financial obligations of that same defendant in a
| 13 | | different case until the bail bond is first used to satisfy | 14 | | court costs
in
the case in which the bail bond has been | 15 | | deposited.
| 16 | | At the request of the defendant the court may order such | 17 | | 85% 90% of
defendant's bail deposit, or whatever amount is | 18 | | repayable to defendant
from such deposit, to be paid to | 19 | | defendant's attorney of record.
| 20 | | (g) If the accused does not comply with the conditions of
| 21 | | the bail bond the court having jurisdiction shall enter an
| 22 | | order declaring the bail to be forfeited. Notice of such order
| 23 | | of forfeiture shall be mailed forthwith to the accused at his
| 24 | | last known address. If the accused does not appear and | 25 | | surrender
to the court having jurisdiction within 30 days from | 26 | | the date of
the forfeiture or within such period satisfy the |
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| 1 | | court
that appearance and surrender by the accused is | 2 | | impossible
and without his fault the court shall enter judgment | 3 | | for the State if the
charge for which the bond was given was a | 4 | | felony
or misdemeanor, or if the charge was quasi-criminal or | 5 | | traffic,
judgment for the political subdivision of the State | 6 | | which
prosecuted the case, against the accused for the amount | 7 | | of
the bail and costs of the court proceedings; however,
in | 8 | | counties with a population of less than 3,000,000, instead of | 9 | | the court
entering a judgment for the full amount
of the bond | 10 | | the court may, in its discretion, enter judgment for the cash
| 11 | | deposit on the bond, less costs, retain the deposit for further | 12 | | disposition or,
if a cash bond was posted for failure to appear | 13 | | in a matter involving
enforcement of child support or | 14 | | maintenance, the amount of the cash deposit on
the bond, less | 15 | | outstanding costs, may be awarded to the person or entity to
| 16 | | whom the child support or maintenance is due. The deposit
made | 17 | | in accordance with paragraph (a) shall be applied to
the | 18 | | payment of costs. If judgment is entered and any amount of such
| 19 | | deposit remains
after the payment of costs it shall be applied | 20 | | to payment of
the judgment and transferred to the treasury of | 21 | | the municipal
corporation wherein the bond was taken if the | 22 | | offense was a
violation of any penal ordinance of a political | 23 | | subdivision
of this State, or to the treasury of the county | 24 | | wherein the
bond was taken if the offense was a violation of | 25 | | any penal
statute of this State. The balance of the judgment | 26 | | may be
enforced and collected in the same manner as a judgment |
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| 1 | | entered
in a civil action.
| 2 | | (h) After a judgment for a fine and court costs or either | 3 | | is
entered in the prosecution of a cause in which a deposit had
| 4 | | been made in accordance with paragraph (a) the balance of such
| 5 | | deposit, after deduction of bail bond costs, shall be applied
| 6 | | to the payment of the judgment.
| 7 | | (i) When a court appearance is required for an alleged | 8 | | violation of the Criminal Code of 1961, the Illinois Vehicle | 9 | | Code, the Wildlife Code, the Fish and Aquatic Life Code, the | 10 | | Child Passenger Protection Act, or a comparable offense of a | 11 | | unit of local government as specified in Supreme Court Rule | 12 | | 551, and if the accused does not appear in court on the date | 13 | | set for appearance or any date to which the case may be | 14 | | continued and the court issues an arrest warrant for the | 15 | | accused, based upon his or her failure to appear when having so | 16 | | previously been ordered to appear by the court, the accused | 17 | | upon his or her admission to bail shall be assessed by the | 18 | | court a fee of $75. The fee shall be in addition to any bail | 19 | | that the accused is required to deposit for the offense for | 20 | | which the accused has been charged and may not be used for the | 21 | | payment of court costs or fines assessed for the offense. The | 22 | | clerk of the court shall remit $70 of the fee assessed to the | 23 | | arresting agency who brings the offender in on the arrest | 24 | | warrant. The clerk of the court shall remit $5 of the fee | 25 | | assessed to the Circuit Court Clerk Operation and | 26 | | Administrative Fund as provided in Section 27.3d of the Clerks |
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| 1 | | of Courts Act.
| 2 | | (Source: P.A. 95-952, eff. 8-29-08; 96-1431, eff. 1-1-11.)
| 3 | | (725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
| 4 | | Sec. 110-8. Cash, stocks, bonds and real estate as security | 5 | | for bail.
| 6 | | (a) In lieu of the bail deposit provided for in Section | 7 | | 110-7 of this
Code any person for whom bail has been set may | 8 | | execute the bail bond with
or without sureties which bond may | 9 | | be secured:
| 10 | | (1) By a deposit, with the clerk of the court, of an amount | 11 | | equal to the
required bail, of cash, or stocks and bonds in | 12 | | which trustees are
authorized to invest trust funds under the | 13 | | laws of this State; or
| 14 | | (2) By real estate situated in this State with unencumbered | 15 | | equity not
exempt owned by the accused or sureties worth double | 16 | | the amount of bail set
in the bond.
| 17 | | (b) If the bail bond is secured by stocks and bonds the | 18 | | accused or
sureties shall file with the bond a sworn schedule | 19 | | which shall be approved
by the court and shall contain:
| 20 | | (1) A list of the stocks and bonds deposited describing | 21 | | each in
sufficient detail that it may be identified;
| 22 | | (2) The market value of each stock and bond;
| 23 | | (3) The total market value of the stocks and bonds | 24 | | listed;
| 25 | | (4) A statement that the affiant is the sole owner of |
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| 1 | | the stocks and
bonds listed and they are not exempt from | 2 | | the enforcement of a judgment
thereon;
| 3 | | (5) A statement that such stocks and bonds have not | 4 | | previously been used
or accepted as bail in this State | 5 | | during the 12 months preceding the date
of the bail bond; | 6 | | and
| 7 | | (6) A statement that such stocks and bonds are security | 8 | | for the
appearance of the accused in accordance with the | 9 | | conditions of the bail
bond.
| 10 | | (c) If the bail bond is secured by real estate the accused | 11 | | or sureties
shall file with the bond a sworn schedule which | 12 | | shall contain:
| 13 | | (1) A legal description of the real estate;
| 14 | | (2) A description of any and all encumbrances on the | 15 | | real estate
including the amount of each and the holder | 16 | | thereof;
| 17 | | (3) The market value of the unencumbered equity owned | 18 | | by the affiant;
| 19 | | (4) A statement that the affiant is the sole owner of | 20 | | such unencumbered
equity and that it is not exempt from the | 21 | | enforcement of a judgment
thereon;
| 22 | | (5) A statement that the real estate has not previously | 23 | | been used or
accepted as bail in this State during the 12 | 24 | | months preceding the date of
the bail bond; and
| 25 | | (6) A statement that the real estate is security for | 26 | | the appearance of
the accused in accordance with the |
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| 1 | | conditions of the bail bond.
| 2 | | (d) The sworn schedule shall constitute a material part of | 3 | | the bail
bond. The affiant commits perjury if in the sworn | 4 | | schedule he makes a false
statement which he does not believe | 5 | | to be true. He shall be prosecuted and
punished accordingly, | 6 | | or, he may be punished for contempt.
| 7 | | (e) A certified copy of the bail bond and schedule of real | 8 | | estate shall
be filed immediately in the office of the | 9 | | registrar of titles or recorder
of the county in which the real | 10 | | estate is situated and the State
shall have a lien on such real | 11 | | estate from the time such copies are filed
in the office of the | 12 | | registrar of titles or recorder. The
registrar of titles or | 13 | | recorder shall enter, index and record (or
register as the case | 14 | | may be) such bail bonds and schedules without
requiring any | 15 | | advance fee, which fee shall be taxed as costs in the
| 16 | | proceeding and paid out of such costs when collected.
| 17 | | (f) When the conditions of the bail bond have been | 18 | | performed and the
accused has been discharged from his | 19 | | obligations in the cause, the clerk of
the court shall retain | 20 | | 2% and return to him or his sureties the remainder of the | 21 | | deposit of any cash,
or shall return to him or her or his or her | 22 | | sureties the deposit of any stocks or bonds. If the bail bond | 23 | | has been secured by stocks, bonds, or real estate, the | 24 | | defendant shall pay to the clerk of the court a document | 25 | | storage fee pursuant to Section 27.3c of the Clerks of Courts | 26 | | Act in advance of the return of the stocks, bonds, or real |
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| 1 | | estate. If the bail bond has been secured by real estate the | 2 | | clerk
of the court shall forthwith notify in writing the | 3 | | registrar of titles or
recorder and the lien of the bail bond | 4 | | on the real estate shall be
discharged. The clerk of the court | 5 | | shall not retain any amount from the bail bond in child support | 6 | | cases.
| 7 | | (g) If the accused does not comply with the conditions of | 8 | | the bail bond
the court having jurisdiction shall enter an | 9 | | order declaring the bail to be
forfeited. Notice of such order | 10 | | of forfeiture shall be mailed forthwith by
the clerk of the | 11 | | court to the accused and his sureties at their last known
| 12 | | address. If the accused does not appear and surrender to the | 13 | | court having
jurisdiction within 30 days from the date of the | 14 | | forfeiture or within such
period satisfy the court that | 15 | | appearance and surrender by the accused is
impossible and | 16 | | without his fault
the court shall enter judgment for the
State | 17 | | against the accused and his sureties for the amount of the bail | 18 | | and
costs of the proceedings; however,
in counties with a | 19 | | population of less than
3,000,000, if the defendant has
posted | 20 | | a
cash bond, instead of the court entering a judgment for the | 21 | | full amount of the
bond the court may, in its discretion, enter | 22 | | judgment for the cash deposit on
the bond, less costs, retain | 23 | | the deposit for further disposition or, if a cash
bond was | 24 | | posted for failure to appear in a matter involving enforcement | 25 | | of
child support or maintenance, the amount of the cash deposit | 26 | | on the bond, less
outstanding costs, may be awarded to the |
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| 1 | | person or entity to whom the child
support or maintenance is | 2 | | due.
| 3 | | (h) When judgment is entered in favor of the State on any | 4 | | bail bond
given for a felony or misdemeanor, or judgement for a | 5 | | political subdivision
of the state on any bail bond given for a | 6 | | quasi-criminal or traffic
offense, the State's Attorney or | 7 | | political subdivision's attorney shall
forthwith obtain a | 8 | | certified copy of the
judgment and deliver same to the
sheriff | 9 | | to be enforced by levy on the stocks or
bonds deposited with
| 10 | | the clerk of the court and the real estate described in the | 11 | | bail bond
schedule. Any cash forfeited under subsection (g) of | 12 | | this
Section shall be used to satisfy the judgment and costs | 13 | | and, without
necessity of levy, ordered paid
into the treasury | 14 | | of the municipal corporation wherein the bail bond was
taken if | 15 | | the offense was a violation of any penal ordinance of a | 16 | | political
subdivision of this State, or into the treasury of | 17 | | the county wherein the
bail bond was taken if the offense was a | 18 | | violation of any penal statute of
this State, or to the person | 19 | | or entity to whom child support or maintenance
is owed if the | 20 | | bond was taken for failure to appear in a matter involving | 21 | | child
support or maintenance. The stocks, bonds and real estate | 22 | | shall be sold in
the same
manner as in sales for the | 23 | | enforcement of a judgment in
civil actions and the proceeds of | 24 | | such sale
shall be used to satisfy all court costs, prior | 25 | | encumbrances, if any, and
from the balance a sufficient amount | 26 | | to satisfy the judgment shall be paid
into the treasury of the |
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| 1 | | municipal corporation wherein the bail bond was
taken if the | 2 | | offense was a violation of any penal ordinance of a political
| 3 | | subdivision of this State, or into the treasury of the county | 4 | | wherein the
bail bond was taken if the offense was a violation | 5 | | of any penal statute of
this State. The balance shall be | 6 | | returned to the owner. The real estate so
sold may be redeemed | 7 | | in the same manner as real estate may be redeemed
after | 8 | | judicial sales or sales for the enforcement of
judgments in | 9 | | civil actions.
| 10 | | (i) No stocks, bonds or real estate may be used or accepted | 11 | | as bail bond
security in this State more than once in any 12 | 12 | | month period.
| 13 | | (Source: P.A. 89-469, eff. 1-1-97.)".
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