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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB1935eng HB1935 Engrossed LRB9104177DJcd 1 AN ACT concerning circuit clerks, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clerks of Courts Act is amended by 5 changing Section 4 and adding Section 27.6a as follows: 6 (705 ILCS 105/4) (from Ch. 25, par. 4) 7 Sec. 4. Every clerk shall, before entering upon the 8 duties of office, give bond, with one or more sureties (or, 9 if the county is self-insured, the county through its 10 self-insurance program may provide bonding), to be approved 11 by any two of the judges of his or her court, which bond 12 shall be in such penalty, not less than the lesser of (i) 1% 13 of the total fees collected by the clerk during the previous 14 fiscal year or (ii) $1,000,000$5,000, as may be agreed by 15 such judges, payable to the People of the State of Illinois, 16 and conditioned for the faithful performance of the duties of 17 office, and to pay over all moneys that may come into his or 18 her possession or custody by virtue of office, to the parties 19 entitled thereto, and to deliver up all moneys, papers, 20 books, records, and other things appertaining to the office, 21 whole, safe and undefaced, when lawfully required so to do. 22 The bond shall be filed in the office of the Secretary of 23 State. The clerk shall also, before entering upon the duties 24 of his office, take and subscribe the following oath or 25 affirmation: 26 I do solemnly swear (or affirm, as the case may be) that 27 I will support the constitution of the United States and the 28 constitution of the State of Illinois, and that I will 29 faithfully discharge the duties of the office of clerk of 30 ...., according to the best of my ability. 31 The oath shall be filed in the office of the Secretary of HB1935 Engrossed -2- LRB9104177DJcd 1 State. 2 (Source: P.A. 88-387.) 3 (705 ILCS 105/27.6a new) 4 Sec. 27.6a. Criminal Justice Information Network Fund. 5 The clerk shall remit monthly to the county treasurer all 6 amounts retained by the clerk under subsection (f) of Section 7 110-7 of the Code of Criminal Procedure of 1963. The county 8 treasurer shall retain those amounts in a special fund 9 designated as the Criminal Justice Information Network Fund. 10 The county auditor shall audit the fund. The county board 11 shall make expenditures from the fund to pay the costs of 12 developing and implementing an integrated criminal justice 13 information network. The county board shall develop and 14 implement the network in cooperation with the Illinois 15 Criminal Justice Information Authority and the Department of 16 State Police. 17 Section 10. The Code of Criminal Procedure of 1963 is 18 amended by changing Section 110-7 as follows: 19 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7) 20 Sec. 110-7. Deposit of Bail Security. 21 (a) The person for whom bail has been set shall execute 22 the bail bond and deposit with the clerk of the court before 23 which the proceeding is pending a sum of money equal to 10% 24 of the bail, but in no event shall such deposit be less than 25 $25. The clerk of the court shall provide a space on each 26 form for a person other than the accused who has provided the 27 money for the posting of bail to so indicate and a space 28 signed by an accused who has executed the bail bond 29 indicating whether a person other than the accused has 30 provided the money for the posting of bail. The form shall 31 also include a written notice to such person who has provided HB1935 Engrossed -3- LRB9104177DJcd 1 the defendant with the money for the posting of bail 2 indicating that the bail may be used to pay costs, attorney's 3 fees, fines, or other purposes authorized by the court and if 4 the defendant fails to comply with the conditions of the bail 5 bond, the court shall enter an order declaring the bail to be 6 forfeited. When a person for whom bail has been set is 7 charged with an offense under the "Illinois Controlled 8 Substances Act" which is a Class X felony, the court may 9 require the defendant to deposit a sum equal to 100% of the 10 bail. Where any person is charged with a forcible felony 11 while free on bail and is the subject of proceedings under 12 Section 109-3 of this Code the judge conducting the 13 preliminary examination may also conduct a hearing upon the 14 application of the State pursuant to the provisions of 15 Section 110-6 of this Code to increase or revoke the bail for 16 that person's prior alleged offense. 17 (b) Upon depositing this sum the person shall be 18 released from custody subject to the conditions of the bail 19 bond. 20 (c) Once bail has been given and a charge is pending or 21 is thereafter filed in or transferred to a court of competent 22 jurisdiction the latter court shall continue the original 23 bail in that court subject to the provisions of Section 110-6 24 of this Code. 25 (d) After conviction the court may order that the 26 original bail stand as bail pending appeal or deny, increase 27 or reduce bail subject to the provisions of Section 110-6.2. 28 (e) After the entry of an order by the trial court 29 allowing or denying bail pending appeal either party may 30 apply to the reviewing court having jurisdiction or to a 31 justice thereof sitting in vacation for an order increasing 32 or decreasing the amount of bail or allowing or denying bail 33 pending appeal subject to the provisions of Section 110-6.2. 34 (f) When the conditions of the bail bond have been HB1935 Engrossed -4- LRB9104177DJcd 1 performed and the accused has been discharged from all 2 obligations in the cause the clerk of the court shall return 3 to the accused or to the defendant's designee by an 4 assignment executed at the time the bail amount is deposited, 5 unless the court orders otherwise, 90% of the sum which had 6 been deposited and shall retain as bail bond costs 10% of the 7 amount deposited. However, in no event shall the amount 8 retained by the clerk as bail bond costs be less than $5. 9 Bail bond deposited by or on behalf of a defendant in one 10 case may be used, in the court's discretion, to satisfy 11 financial obligations of that same defendant incurred in a 12 different case due to a fine, court costs, restitution or 13 fees of the defendant's attorney of record. The court shall 14 not order bail bond deposited by or on behalf of a defendant 15 in one case to be used to satisfy financial obligations of 16 that same defendant in a different case until the bail bond 17 is first used to satisfy court costs in the case in which the 18 bail bond has been deposited. 19 The court may not waive the clerk's retention of 10% of 20 the amount deposited as bail and may not return to the 21 accused or to the defendant's designee more than 90% of the 22 amount deposited as bail. The clerk shall remit monthly to 23 the county treasurer all amounts retained by the clerk under 24 this subsection (f). The county treasurer shall retain those 25 amounts in a special fund designated as the Criminal Justice 26 Information Network Fund as provided in Section 27.6a of the 27 Clerks of Courts Act. 28 At the request of the defendant the court may order such 29 90% of defendant's bail deposit, or whatever amount is 30 repayable to defendant from such deposit, to be paid to 31 defendant's attorney of record. 32 (g) If the accused does not comply with the conditions 33 of the bail bond the court having jurisdiction shall enter an 34 order declaring the bail to be forfeited. Notice of such HB1935 Engrossed -5- LRB9104177DJcd 1 order of forfeiture shall be mailed forthwith to the accused 2 at his last known address. If the accused does not appear 3 and surrender to the court having jurisdiction within 30 days 4 from the date of the forfeiture or within such period satisfy 5 the court that appearance and surrender by the accused is 6 impossible and without his fault the court shall enter 7 judgment for the State if the charge for which the bond was 8 given was a felony or misdemeanor, or if the charge was 9 quasi-criminal or traffic, judgment for the political 10 subdivision of the State which prosecuted the case, against 11 the accused for the amount of the bail and costs of the court 12 proceedings; however, in counties with a population of less 13 than 3,000,000, instead of the court entering a judgment for 14 the full amount of the bond the court may, in its discretion, 15 enter judgment for the cash deposit on the bond, less costs, 16 retain the deposit for further disposition or, if a cash bond 17 was posted for failure to appear in a matter involving 18 enforcement of child support or maintenance, the amount of 19 the cash deposit on the bond, less outstanding costs, may be 20 awarded to the person or entity to whom the child support or 21 maintenance is due. The deposit made in accordance with 22 paragraph (a) shall be applied to the payment of costs. If 23 judgment is entered and any amount of such deposit remains 24 after the payment of costs it shall be applied to payment of 25 the judgment and transferred to the treasury of the municipal 26 corporation wherein the bond was taken if the offense was a 27 violation of any penal ordinance of a political subdivision 28 of this State, or to the treasury of the county wherein the 29 bond was taken if the offense was a violation of any penal 30 statute of this State. The balance of the judgment may be 31 enforced and collected in the same manner as a judgment 32 entered in a civil action. 33 (h) After a judgment for a fine and court costs or 34 either is entered in the prosecution of a cause in which a HB1935 Engrossed -6- LRB9104177DJcd 1 deposit had been made in accordance with paragraph (a) the 2 balance of such deposit, after deduction of bail bond costs, 3 shall be applied to the payment of the judgment. 4 (Source: P.A. 88-287; 89-469, eff. 1-1-97.)