Full Text of HB6141 96th General Assembly
HB6141eng 96TH GENERAL ASSEMBLY
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HB6141 Engrossed |
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LRB096 18836 RLC 34222 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 110-7 as follows:
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| (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
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| Sec. 110-7. Deposit of Bail Security.
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| (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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| 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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| 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
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| 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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HB6141 Engrossed |
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LRB096 18836 RLC 34222 b |
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| (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
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| Substances Act or the Methamphetamine Control and Community | 6 |
| Protection Act which is a Class X felony, or making a terrorist | 7 |
| threat in violation of
Section 29D-20 of the Criminal Code of | 8 |
| 1961 or an attempt to commit the offense of making a terrorist | 9 |
| threat, the court may require the
defendant to deposit a sum | 10 |
| equal to 100% of the bail.
Where any person is charged with a | 11 |
| forcible felony while free on bail and
is the subject of | 12 |
| proceedings under Section 109-3 of this Code the judge
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| conducting the preliminary examination may also conduct a | 14 |
| hearing upon the
application of the State pursuant to the | 15 |
| provisions of Section 110-6 of this
Code to increase or revoke | 16 |
| the bail for that person's prior alleged offense.
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| (b) Upon depositing this sum and any bond fee authorized by | 18 |
| law, the person
shall be released
from custody subject to the | 19 |
| conditions of the bail bond.
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| (c) Once bail has been given and a charge is pending or
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| thereafter filed in or transferred to a court of competent
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| jurisdiction the latter court shall continue the original bail
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| in that court subject to the provisions of Section 110-6 of | 24 |
| this Code.
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| (d) After conviction the court may order that the original
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| bail stand as bail pending appeal or deny, increase or reduce |
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LRB096 18836 RLC 34222 b |
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| bail
subject to the provisions of Section 110-6.2.
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| (e) After the entry of an order by the trial court allowing
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| or denying bail pending appeal either party may apply to the
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| reviewing court having jurisdiction or to a justice thereof
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| sitting in vacation for an order increasing or decreasing the
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| amount of bail or allowing or denying bail pending appeal | 7 |
| subject to the
provisions of Section 110-6.2.
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| (f) When the conditions of the bail bond have been | 9 |
| performed
and the accused has been discharged from all | 10 |
| obligations in the
cause the clerk of the court shall return to | 11 |
| the accused or to the
defendant's designee by an assignment | 12 |
| executed at the time the bail amount
is deposited, unless
the | 13 |
| court orders otherwise, 90% of the sum which had been
deposited | 14 |
| and shall retain as bail bond costs 10% of the amount
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| deposited. However, in no event shall the amount retained by | 16 |
| the
clerk as bail bond costs be less than $5. Bail bond | 17 |
| deposited by or on
behalf of a defendant in one case may be | 18 |
| used, in the court's discretion,
to satisfy financial | 19 |
| obligations of that same defendant incurred in a
different case | 20 |
| due to a fine, court costs,
restitution or fees of the | 21 |
| defendant's attorney of record. In counties with
a population | 22 |
| of 3,000,000 or more, the court shall
not order bail bond | 23 |
| deposited by or on behalf of a defendant in one case to
be used | 24 |
| to satisfy financial obligations of that same defendant in a
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| different case until the bail bond is first used to satisfy | 26 |
| court costs and
attorney's fees in
the case in which the bail |
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LRB096 18836 RLC 34222 b |
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| bond has been deposited and any other unpaid child
support | 2 |
| obligations are satisfied. In counties with a population of | 3 |
| less than 3,000,000, 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
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| different case until the bail bond is first used to satisfy | 7 |
| court costs
in
the case in which the bail bond has been | 8 |
| deposited.
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| At the request of the defendant the court may order such | 10 |
| 90% of
defendant's bail deposit, or whatever amount is | 11 |
| repayable to defendant
from such deposit, to be paid to | 12 |
| defendant's attorney of record.
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| (g) If the accused does not comply with the conditions of
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| the bail bond the court having jurisdiction shall enter an
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| order declaring the bail to be forfeited. Notice of such order
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| of forfeiture shall be mailed forthwith to the accused at his
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| last known address. If the accused does not appear and | 18 |
| surrender
to the court having jurisdiction within 30 days from | 19 |
| the date of
the forfeiture or within such period satisfy the | 20 |
| court
that appearance and surrender by the accused is | 21 |
| impossible
and without his fault the court shall enter judgment | 22 |
| for the State if the
charge for which the bond was given was a | 23 |
| felony
or misdemeanor, or if the charge was quasi-criminal or | 24 |
| traffic,
judgment for the political subdivision of the State | 25 |
| which
prosecuted the case, against the accused for the amount | 26 |
| of
the bail and costs of the court proceedings; however,
in |
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LRB096 18836 RLC 34222 b |
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| counties with a population of less than 3,000,000, instead of | 2 |
| the court
entering a judgment for the full amount
of the bond | 3 |
| the court may, in its discretion, enter judgment for the cash
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| deposit on the bond, less costs, retain the deposit for further | 5 |
| disposition or,
if a cash bond was posted for failure to appear | 6 |
| in a matter involving
enforcement of child support or | 7 |
| maintenance, the amount of the cash deposit on
the bond, less | 8 |
| outstanding costs, may be awarded to the person or entity to
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| whom the child support or maintenance is due. The deposit
made | 10 |
| in accordance with paragraph (a) shall be applied to
the | 11 |
| payment of costs. If judgment is entered and any amount of such
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| deposit remains
after the payment of costs it shall be applied | 13 |
| to payment of
the judgment and transferred to the treasury of | 14 |
| the municipal
corporation wherein the bond was taken if the | 15 |
| offense was a
violation of any penal ordinance of a political | 16 |
| subdivision
of this State, or to the treasury of the county | 17 |
| wherein the
bond was taken if the offense was a violation of | 18 |
| any penal
statute of this State. The balance of the judgment | 19 |
| may be
enforced and collected in the same manner as a judgment | 20 |
| entered
in a civil action.
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| (h) After a judgment for a fine and court costs or either | 22 |
| is
entered in the prosecution of a cause in which a deposit had
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| been made in accordance with paragraph (a) the balance of such
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| deposit, after deduction of bail bond costs, shall be applied
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| to the payment of the judgment.
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| (i) When a court appearance is required for an alleged |
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LRB096 18836 RLC 34222 b |
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| violation of the Criminal Code of 1961, the Illinois Vehicle | 2 |
| Code, the Wildlife Code, the Fish and Aquatic Life Code, the | 3 |
| Child Passenger Protection Act, or a comparable violation of an | 4 |
| ordinance of a unit of local government, as specified in | 5 |
| Supreme Court Rule 551, and if the accused does not appear in | 6 |
| court on the date set for appearance or any date to which the | 7 |
| case may be continued and the court issues an arrest warrant | 8 |
| for the accused, based upon his or her failure to appear when | 9 |
| having so previously been ordered to appear by the court, the | 10 |
| accused upon his or her admission to bail shall be assessed by | 11 |
| the court a penalty of $100. The penalty shall be in addition | 12 |
| to any bail that the accused is required to deposit for the | 13 |
| offense for which the accused has been charged and may not be | 14 |
| used for the payment of court costs or fines assessed for the | 15 |
| offense. The clerk of the court shall remit $95 of the penalty | 16 |
| assessed to the arresting agency who brings the offender in on | 17 |
| the arrest warrant. The clerk of the court shall remit $5 of | 18 |
| the penalty assessed to the Circuit Court Clerk Operation and | 19 |
| Administrative Fund as provided in Section 27.3d of the Clerks | 20 |
| of Courts Act. The court shall waive the penalty established by | 21 |
| this subsection (i) if the court finds that the accused made a | 22 |
| good faith attempt to appear or for good cause was unable to | 23 |
| appear, or if the accused voluntarily surrenders himself or | 24 |
| herself to a peace officer no later than 48 hours after the | 25 |
| time specified for the court appearance.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-952, eff. 8-29-08.)
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