State of Illinois
92nd General Assembly
Legislation

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92_HB5714

 
                                               LRB9213765RCdv

 1        AN ACT in relation to 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
 9    the  bail bond and deposit with the clerk of the court before
10    which the proceeding is pending a sum of money equal  to  10%
11    of  the bail, but in no event shall such deposit be less than
12    $25.  The clerk of the court shall provide a  space  on  each
13    form for a person other than the accused who has provided the
14    money  for  the  posting  of  bail to so indicate and a space
15    signed  by  an  accused  who  has  executed  the  bail   bond
16    indicating  whether  a  person  other  than  the  accused has
17    provided the money for the posting of bail.  The  form  shall
18    also include a written notice to such person who has provided
19    the  defendant  with  the  money  for  the  posting  of  bail
20    indicating  that  the  bail  may  be used to pay court costs,
21    clerk's fees,  attorney's  fees,  fines,  or  other  purposes
22    authorized  by the court and if the defendant fails to comply
23    with the conditions of the bail bond, the court  shall  enter
24    an  order  declaring  the  bail to be forfeited.  The written
25    notice must be:  (1)  distinguishable  from  the  surrounding
26    text; (2) in bold type or underscored; and (3) in a type size
27    at  least  2 points larger than the surrounding type.  When a
28    person for whom bail has been set is charged with an  offense
29    under  the  "Illinois  Controlled  Substances Act" which is a
30    Class X felony,  the  court  may  require  the  defendant  to
31    deposit  a sum equal to 100% of the bail. Where any person is
 
                            -2-                LRB9213765RCdv
 1    charged with a forcible felony while free on bail and is  the
 2    subject  of  proceedings under Section 109-3 of this Code the
 3    judge conducting the preliminary examination may also conduct
 4    a hearing upon the application of the State pursuant  to  the
 5    provisions  of  Section  110-6  of  this  Code to increase or
 6    revoke the bail for that person's prior alleged offense.
 7        (b)  Upon depositing this sum and any bond fee authorized
 8    by law, the person shall be released from custody subject  to
 9    the conditions of the bail bond.
10        (c)  Once  bail has been given and a charge is pending or
11    is thereafter filed in or transferred to a court of competent
12    jurisdiction the latter court  shall  continue  the  original
13    bail in that court subject to the provisions of Section 110-6
14    of this Code.
15        (d)  After  conviction  the  court  may  order  that  the
16    original  bail stand as bail pending appeal or deny, increase
17    or reduce bail subject to the provisions of Section 110-6.2.
18        (e)  After the entry of  an  order  by  the  trial  court
19    allowing  or  denying  bail  pending  appeal either party may
20    apply to the reviewing court  having  jurisdiction  or  to  a
21    justice  thereof  sitting in vacation for an order increasing
22    or decreasing the amount of bail or allowing or denying  bail
23    pending appeal subject to the provisions of Section 110-6.2.
24        (f)  When  the  conditions  of  the  bail  bond have been
25    performed and  the  accused  has  been  discharged  from  all
26    obligations  in the cause the clerk of the court shall return
27    to  the  accused  or  to  the  defendant's  designee  by   an
28    assignment executed at the time the bail amount is deposited,
29    unless  the  court orders otherwise, 80% 90% of the sum which
30    had been deposited and shall retain as bail  bond  costs  20%
31    10%  of the amount deposited.  However, in no event shall the
32    amount retained by the clerk as bail bond costs be less  than
33    $5.   Bail  bond  deposited by or on behalf of a defendant in
34    one case may be used, in the court's discretion,  to  satisfy
 
                            -3-                LRB9213765RCdv
 1    financial  obligations  of  that same defendant incurred in a
 2    different case due to a fine,  court  costs,  restitution  or
 3    fees  of the defendant's attorney of record.  The court shall
 4    not order bail bond deposited by or on behalf of a  defendant
 5    in  one  case  to be used to satisfy financial obligations of
 6    that same defendant in a different case until the  bail  bond
 7    is first used to satisfy court costs in the case in which the
 8    bail  bond  has  been  deposited  and  until any unpaid child
 9    support obligations are satisfied.
10        At the request of the defendant the court may order  such
11    80%  90%  of  defendant's bail deposit, or whatever amount is
12    repayable to defendant from  such  deposit,  to  be  paid  to
13    defendant's attorney of record.
14        (g)  If  the  accused does not comply with the conditions
15    of the bail bond the court having jurisdiction shall enter an
16    order declaring the bail to be  forfeited.   Notice  of  such
17    order  of forfeiture shall be mailed forthwith to the accused
18    at his last known address.  If the accused  does  not  appear
19    and surrender to the court having jurisdiction within 30 days
20    from the date of the forfeiture or within such period satisfy
21    the  court  that  appearance  and surrender by the accused is
22    impossible and  without  his  fault  the  court  shall  enter
23    judgment  for  the State if the charge for which the bond was
24    given was a felony or  misdemeanor,  or  if  the  charge  was
25    quasi-criminal   or   traffic,  judgment  for  the  political
26    subdivision of the State which prosecuted the  case,  against
27    the accused for the amount of the bail and costs of the court
28    proceedings;  however,  in counties with a population of less
29    than 3,000,000, instead of the court entering a judgment  for
30    the full amount of the bond the court may, in its discretion,
31    enter  judgment for the cash deposit on the bond, less costs,
32    retain the deposit for further disposition or, if a cash bond
33    was posted for  failure  to  appear  in  a  matter  involving
34    enforcement  of  child  support or maintenance, the amount of
 
                            -4-                LRB9213765RCdv
 1    the cash deposit on the bond, less outstanding costs, may  be
 2    awarded  to the person or entity to whom the child support or
 3    maintenance is due.  The  deposit  made  in  accordance  with
 4    paragraph  (a)  shall be applied to the payment of costs.  If
 5    judgment is entered and any amount of  such  deposit  remains
 6    after  the payment of costs it shall be applied to payment of
 7    the judgment and transferred to the treasury of the municipal
 8    corporation wherein the bond was taken if the offense  was  a
 9    violation  of  any penal ordinance of a political subdivision
10    of this State, or to the treasury of the county  wherein  the
11    bond  was  taken  if the offense was a violation of any penal
12    statute of this State.  The balance of the  judgment  may  be
13    enforced  and  collected  in  the  same  manner as a judgment
14    entered in a civil action.
15        (h)  After a judgment for  a  fine  and  court  costs  or
16    either  is  entered  in the prosecution of a cause in which a
17    deposit had been made in accordance with  paragraph  (a)  the
18    balance  of such deposit, after deduction of bail bond costs,
19    shall be applied to the payment of the judgment.
20    (Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00; 92-16,
21    eff. 6-28-01.)

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