Full Text of SB2870 97th General Assembly
SB2870 97TH GENERAL ASSEMBLY |
| | 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 |
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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 |
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| 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 either: (1) a
sum of money equal to | 11 | | 10% of the bail, but in no event shall such deposit be
less | 12 | | than $25 ; or (2) a surety bond in an amount equal to 25% of the | 13 | | bail, executed by a surety approved by the court . The clerk of | 14 | | the court shall provide a space on each form for a
person other | 15 | | than the accused who has provided the money for the posting of
| 16 | | bail to so indicate and a space signed by an
accused who has | 17 | | executed the bail bond indicating whether a person other
than | 18 | | the accused has provided the money for the posting of bail. The | 19 | | form
shall also include a written notice to such person who has | 20 | | provided
the defendant with the money for the posting of bail | 21 | | indicating that the bail
may be used to pay costs, attorney's | 22 | | fees, fines, or other purposes authorized
by the court and if | 23 | | the
defendant fails to comply with the conditions of the bail |
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| 1 | | bond, the court
shall enter an order declaring the bail to be | 2 | | forfeited. The written notice
must be: (1) distinguishable from | 3 | | the surrounding text; (2) in bold type or
underscored; and (3) | 4 | | in a type size at least 2 points larger than the
surrounding | 5 | | type. When a person for whom
bail has been set is charged with | 6 | | an offense under the Illinois Controlled
Substances Act or the | 7 | | Methamphetamine Control and Community Protection Act which is a | 8 | | Class X felony, or making a terrorist threat in violation of
| 9 | | Section 29D-20 of the Criminal Code of 1961 or an attempt to | 10 | | commit the offense of making a terrorist threat, the court may | 11 | | require the
defendant to deposit a sum equal to 100% of the | 12 | | bail.
Where any person is charged with a forcible felony while | 13 | | free on bail and
is the subject of proceedings under Section | 14 | | 109-3 of this Code the judge
conducting the preliminary | 15 | | examination may also conduct a hearing upon the
application of | 16 | | the State pursuant to the provisions of Section 110-6 of this
| 17 | | Code to increase or revoke the bail for that person's prior | 18 | | alleged offense.
| 19 | | (b) Upon depositing this sum and any bond fee authorized by | 20 | | law, the person
shall be released
from custody subject to the | 21 | | conditions of the bail bond.
| 22 | | (c) Once bail has been given and a charge is pending or
is | 23 | | thereafter filed in or transferred to a court of competent
| 24 | | jurisdiction the latter court shall continue the original bail
| 25 | | in that court subject to the provisions of Section 110-6 of | 26 | | this Code.
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| 1 | | (d) After conviction the court may order that the original
| 2 | | bail stand as bail pending appeal or deny, increase or reduce | 3 | | bail
subject to the provisions of Section 110-6.2.
| 4 | | (e) After the entry of an order by the trial court allowing
| 5 | | or denying bail pending appeal either party may apply to the
| 6 | | reviewing court having jurisdiction or to a justice thereof
| 7 | | sitting in vacation for an order increasing or decreasing the
| 8 | | amount of bail or allowing or denying bail pending appeal | 9 | | subject to the
provisions of Section 110-6.2.
| 10 | | (f) When the conditions of the bail bond have been | 11 | | performed
and the accused has been discharged from all | 12 | | obligations in the
cause the clerk of the court shall return to | 13 | | the accused or to the
defendant's designee by an assignment | 14 | | executed at the time the bail amount
is deposited, unless
the | 15 | | court orders otherwise, 90% of the sum which had been
deposited | 16 | | and shall retain as bail bond costs 10% of the amount
| 17 | | deposited. However, in no event shall the amount retained by | 18 | | the
clerk as bail bond costs be less than $5. Bail bond | 19 | | deposited by or on
behalf of a defendant in one case may be | 20 | | used, in the court's discretion,
to satisfy financial | 21 | | obligations of that same defendant incurred in a
different case | 22 | | due to a fine, court costs,
restitution or fees of the | 23 | | defendant's attorney of record. In counties with
a population | 24 | | of 3,000,000 or more, the court shall
not order bail bond | 25 | | deposited by or on behalf of a defendant in one case to
be used | 26 | | to satisfy financial obligations of that same defendant in a
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| 1 | | different case until the bail bond is first used to satisfy | 2 | | court costs and
attorney's fees in
the case in which the bail | 3 | | bond has been deposited and any other unpaid child
support | 4 | | obligations are satisfied. In counties with a population of | 5 | | less than 3,000,000, the court shall
not order bail bond | 6 | | deposited by or on behalf of a defendant in one case to
be used | 7 | | to satisfy financial obligations of that same defendant in a
| 8 | | different case until the bail bond is first used to satisfy | 9 | | court costs
in
the case in which the bail bond has been | 10 | | deposited.
| 11 | | At the request of the defendant the court may order such | 12 | | 90% of
defendant's bail deposit, or whatever amount is | 13 | | repayable to defendant
from such deposit, to be paid to | 14 | | defendant's attorney of record.
| 15 | | (g) If the accused does not comply with the conditions of
| 16 | | the bail bond the court having jurisdiction shall enter an
| 17 | | order declaring the bail to be forfeited. Notice of such order
| 18 | | of forfeiture shall be mailed forthwith to the accused at his
| 19 | | last known address. If the accused does not appear and | 20 | | surrender
to the court having jurisdiction within 30 days from | 21 | | the date of
the forfeiture or within such period satisfy the | 22 | | court
that appearance and surrender by the accused is | 23 | | impossible
and without his fault the court shall enter judgment | 24 | | for the State if the
charge for which the bond was given was a | 25 | | felony
or misdemeanor, or if the charge was quasi-criminal or | 26 | | traffic,
judgment for the political subdivision of the State |
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| 1 | | which
prosecuted the case, against the accused for the amount | 2 | | of
the bail and costs of the court proceedings; however,
in | 3 | | counties with a population of less than 3,000,000, instead of | 4 | | the court
entering a judgment for the full amount
of the bond | 5 | | the court may, in its discretion, enter judgment for the cash
| 6 | | deposit on the bond, less costs, retain the deposit for further | 7 | | disposition or,
if a cash bond was posted for failure to appear | 8 | | in a matter involving
enforcement of child support or | 9 | | maintenance, the amount of the cash deposit on
the bond, less | 10 | | outstanding costs, may be awarded to the person or entity to
| 11 | | whom the child support or maintenance is due. The deposit
made | 12 | | in accordance with paragraph (a) shall be applied to
the | 13 | | payment of costs. If judgment is entered and any amount of such
| 14 | | deposit remains
after the payment of costs it shall be applied | 15 | | to payment of
the judgment and transferred to the treasury of | 16 | | the municipal
corporation wherein the bond was taken if the | 17 | | offense was a
violation of any penal ordinance of a political | 18 | | subdivision
of this State, or to the treasury of the county | 19 | | wherein the
bond was taken if the offense was a violation of | 20 | | any penal
statute of this State. The balance of the judgment | 21 | | may be
enforced and collected in the same manner as a judgment | 22 | | entered
in a civil action.
| 23 | | (h) After a judgment for a fine and court costs or either | 24 | | is
entered in the prosecution of a cause in which a deposit had
| 25 | | been made in accordance with paragraph (a) the balance of such
| 26 | | deposit, after deduction of bail bond costs, shall be applied
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| 1 | | to the payment of the judgment.
| 2 | | (i) When a court appearance is required for an alleged | 3 | | violation of the Criminal Code of 1961, the Illinois Vehicle | 4 | | Code, the Wildlife Code, the Fish and Aquatic Life Code, the | 5 | | Child Passenger Protection Act, or a comparable offense of a | 6 | | unit of local government as specified in Supreme Court Rule | 7 | | 551, and if the accused does not appear in court on the date | 8 | | set for appearance or any date to which the case may be | 9 | | continued and the court issues an arrest warrant for the | 10 | | accused, based upon his or her failure to appear when having so | 11 | | previously been ordered to appear by the court, the accused | 12 | | upon his or her admission to bail shall be assessed by the | 13 | | court a fee of $75. Payment of the fee shall be a condition of | 14 | | release unless otherwise ordered by the court. The fee shall be | 15 | | in addition to any bail that the accused is required to deposit | 16 | | for the offense for which the accused has been charged and may | 17 | | not be used for the payment of court costs or fines assessed | 18 | | for the offense. The clerk of the court shall remit $70 of the | 19 | | fee assessed to the arresting agency who brings the offender in | 20 | | on the arrest warrant. If the Department of State Police is the | 21 | | arresting agency, $70 of the fee assessed shall be remitted by | 22 | | the clerk of the court to the State Treasurer within one month | 23 | | after receipt for deposit into the State Police Operations | 24 | | Assistance Fund. The clerk of the court shall remit $5 of the | 25 | | fee 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. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12.)
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