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90_HB1367
725 ILCS 5/110-7 from Ch. 38, par. 110-7
Amends the Code of Criminal Procedure of 1963. Requires
the person for whom bail has been set to deposit 100% of the
bail amount (now the defendant may deposit 10% of the bail).
Effective immediately.
LRB9004447RCks
LRB9004447RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 110-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 110-7 as follows:
7 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
8 Sec. 110-7. Deposit of Bail Security.
9 (a) The person for whom bail has been set shall execute
10 the bail bond and deposit with the clerk of the court before
11 which the proceeding is pending a sum of money equal to 100%
12 10% of the bail, but in no event shall such deposit be less
13 than $25. The clerk of the court shall provide a space on
14 each form for a person other than the accused who has
15 provided the money for the posting of bail to so indicate and
16 a space signed by an accused who has executed the bail bond
17 indicating whether a person other than the accused has
18 provided the money for the posting of bail. The form shall
19 also include a written notice to such person who has provided
20 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
24 bond, the court shall enter an order declaring the bail to be
25 forfeited. When a person for whom bail has been set is
26 charged with an offense under the "Illinois Controlled
27 Substances Act" which is a Class X felony, the court may
28 require the defendant to deposit a sum equal to 100% of the
29 bail. Where any person is charged with a forcible felony
30 while free on bail and is the subject of proceedings under
31 Section 109-3 of this Code the judge conducting the
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1 preliminary examination may also conduct a hearing upon the
2 application of the State pursuant to the provisions of
3 Section 110-6 of this Code to increase or revoke the bail for
4 that person's prior alleged offense.
5 (b) Upon depositing this sum the person shall be
6 released from custody subject to the conditions of the bail
7 bond.
8 (c) Once bail has been given and a charge is pending or
9 is thereafter filed in or transferred to a court of competent
10 jurisdiction the latter court shall continue the original
11 bail in that court subject to the provisions of Section 110-6
12 of this Code.
13 (d) After conviction the court may order that the
14 original bail stand as bail pending appeal or deny, increase
15 or reduce bail subject to the provisions of Section 110-6.2.
16 (e) After the entry of an order by the trial court
17 allowing or denying bail pending appeal either party may
18 apply to the reviewing court having jurisdiction or to a
19 justice thereof sitting in vacation for an order increasing
20 or decreasing the amount of bail or allowing or denying bail
21 pending appeal subject to the provisions of Section 110-6.2.
22 (f) When the conditions of the bail bond have been
23 performed and the accused has been discharged from all
24 obligations in the cause the clerk of the court shall return
25 to the accused or to the defendant's designee by an
26 assignment executed at the time the bail amount is deposited,
27 unless the court orders otherwise, 90% of the sum which had
28 been deposited and shall retain as bail bond costs 10% of the
29 amount deposited. However, in no event shall the amount
30 retained by the clerk as bail bond costs be less than $5.
31 Bail bond deposited by or on behalf of a defendant in one
32 case may be used, in the court's discretion, to satisfy
33 financial obligations of that same defendant incurred in a
34 different case due to a fine, court costs, restitution or
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1 fees of the defendant's attorney of record. The court shall
2 not order bail bond deposited by or on behalf of a defendant
3 in one case to be used to satisfy financial obligations of
4 that same defendant in a different case until the bail bond
5 is first used to satisfy court costs in the case in which the
6 bail bond has been deposited.
7 At the request of the defendant the court may order such
8 90% of defendant's bail deposit, or whatever amount is
9 repayable to defendant from such deposit, to be paid to
10 defendant's attorney of record.
11 (g) If the accused does not comply with the conditions
12 of the bail bond the court having jurisdiction shall enter an
13 order declaring the bail to be forfeited. Notice of such
14 order of forfeiture shall be mailed forthwith to the accused
15 at his last known address. If the accused does not appear
16 and surrender to the court having jurisdiction within 30 days
17 from the date of the forfeiture or within such period satisfy
18 the court that appearance and surrender by the accused is
19 impossible and without his fault the court shall enter
20 judgment for the State if the charge for which the bond was
21 given was a felony or misdemeanor, or if the charge was
22 quasi-criminal or traffic, judgment for the political
23 subdivision of the State which prosecuted the case, against
24 the accused for the amount of the bail and costs of the court
25 proceedings; however, in counties with a population of less
26 than 3,000,000, instead of the court entering a judgment for
27 the full amount of the bond the court may, in its discretion,
28 enter judgment for the cash deposit on the bond, less costs,
29 retain the deposit for further disposition or, if a cash bond
30 was posted for failure to appear in a matter involving
31 enforcement of child support or maintenance, the amount of
32 the cash deposit on the bond, less outstanding costs, may be
33 awarded to the person or entity to whom the child support or
34 maintenance is due. The deposit made in accordance with
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1 paragraph (a) shall be applied to the payment of costs. If
2 judgment is entered and any amount of such deposit remains
3 after the payment of costs it shall be applied to payment of
4 the judgment and transferred to the treasury of the municipal
5 corporation wherein the bond was taken if the offense was a
6 violation of any penal ordinance of a political subdivision
7 of this State, or to the treasury of the county wherein the
8 bond was taken if the offense was a violation of any penal
9 statute of this State. The balance of the judgment may be
10 enforced and collected in the same manner as a judgment
11 entered in a civil action.
12 (h) After a judgment for a fine and court costs or
13 either is entered in the prosecution of a cause in which a
14 deposit had been made in accordance with paragraph (a) the
15 balance of such deposit, after deduction of bail bond costs,
16 shall be applied to the payment of the judgment.
17 (Source: P.A. 88-287; 89-469, eff. 1-1-97.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.