|
| Public Act 099-0412
|
| HB1119 Enrolled | LRB099 04982 RLC 25011 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Section 110-7 as follows:
|
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
|
Sec. 110-7. Deposit of Bail Security.
|
(a) The person for whom bail has been set shall execute the |
bail bond and
deposit with the clerk of the court before which |
the proceeding is pending a
sum of money equal to 10% of the |
bail, but in no event shall such deposit be
less than $25. The |
clerk of the court shall provide a space on each form for a
|
person other than the accused who has provided the money for |
the posting of
bail to so indicate and a space signed by an
|
accused who has executed the bail bond indicating whether a |
person other
than the accused has provided the money for the |
posting of bail. The form
shall also include a written notice |
to such person who has provided
the defendant with the money |
for the posting of bail indicating that the bail
may be used to |
pay costs, attorney's fees, fines, or other purposes authorized
|
by the court and if the
defendant fails to comply with the |
conditions of the bail bond, the court
shall enter an order |
declaring the bail to be forfeited. The written notice
must be: |
|
(1) distinguishable from the surrounding text; (2) in bold type |
or
underscored; and (3) in a type size at least 2 points larger |
than the
surrounding type. When a person for whom
bail has been |
set is charged with an offense under the Illinois Controlled
|
Substances Act or the Methamphetamine Control and Community |
Protection Act which is a Class X felony, or making a terrorist |
threat in violation of
Section 29D-20 of the Criminal Code of |
1961 or the Criminal Code of 2012 or an attempt to commit the |
offense of making a terrorist threat, the court may require the
|
defendant to deposit a sum equal to 100% of the bail.
Where any |
person is charged with a forcible felony while free on bail and
|
is the subject of proceedings under Section 109-3 of this Code |
the judge
conducting the preliminary examination may also |
conduct a hearing upon the
application of the State pursuant to |
the provisions of Section 110-6 of this
Code to increase or |
revoke the bail for that person's prior alleged offense.
|
(b) Upon depositing this sum and any bond fee authorized by |
law, the person
shall be released
from custody subject to the |
conditions of the bail bond.
|
(c) Once bail has been given and a charge is pending or
is |
thereafter filed in or transferred to a court of competent
|
jurisdiction the latter court shall continue the original bail
|
in that court subject to the provisions of Section 110-6 of |
this Code.
|
(d) After conviction the court may order that the original
|
bail stand as bail pending appeal or deny, increase or reduce |
|
bail
subject to the provisions of Section 110-6.2.
|
(e) After the entry of an order by the trial court allowing
|
or denying bail pending appeal either party may apply to the
|
reviewing court having jurisdiction or to a justice thereof
|
sitting in vacation for an order increasing or decreasing the
|
amount of bail or allowing or denying bail pending appeal |
subject to the
provisions of Section 110-6.2.
|
(f) When the conditions of the bail bond have been |
performed
and the accused has been discharged from all |
obligations in the
cause the clerk of the court shall return to |
the accused or to the
defendant's designee by an assignment |
executed at the time the bail amount
is deposited, unless
the |
court orders otherwise, 90% of the sum which had been
deposited |
and shall retain as bail bond costs 10% of the amount
|
deposited. However, in no event shall the amount retained by |
the
clerk as bail bond costs be less than $5. Notwithstanding |
the foregoing, in counties with a population of 3,000,000 or |
more, in no event shall the amount retained by the clerk as |
bail bond costs exceed $100. Bail bond deposited by or on
|
behalf of a defendant in one case may be used, in the court's |
discretion,
to satisfy financial obligations of that same |
defendant incurred in a
different case due to a fine, court |
costs,
restitution or fees of the defendant's attorney of |
record. In counties with
a population of 3,000,000 or more, the |
court shall
not order bail bond deposited by or on behalf of a |
defendant in one case to
be used to satisfy financial |
|
obligations of that same defendant in a
different case until |
the bail bond is first used to satisfy court costs and
|
attorney's fees in
the case in which the bail bond has been |
deposited and any other unpaid child
support obligations are |
satisfied. In counties with a population of less than |
3,000,000, the court shall
not order bail bond deposited by or |
on behalf of a defendant in one case to
be used to satisfy |
financial obligations of that same defendant in a
different |
case until the bail bond is first used to satisfy court costs
|
in
the case in which the bail bond has been deposited.
|
At the request of the defendant the court may order such |
90% of
defendant's bail deposit, or whatever amount is |
repayable to defendant
from such deposit, to be paid to |
defendant's attorney of record.
|
(g) If the accused does not comply with the conditions of
|
the bail bond the court having jurisdiction shall enter an
|
order declaring the bail to be forfeited. Notice of such order
|
of forfeiture shall be mailed forthwith to the accused at his
|
last known address. If the accused does not appear and |
surrender
to the court having jurisdiction within 30 days from |
the date of
the forfeiture or within such period satisfy the |
court
that appearance and surrender by the accused is |
impossible
and without his fault the court shall enter judgment |
for the State if the
charge for which the bond was given was a |
felony
or misdemeanor, or if the charge was quasi-criminal or |
traffic,
judgment for the political subdivision of the State |
|
which
prosecuted the case, against the accused for the amount |
of
the bail and costs of the court proceedings; however,
in |
counties with a population of less than 3,000,000, instead of |
the court
entering a judgment for the full amount
of the bond |
the court may, in its discretion, enter judgment for the cash
|
deposit on the bond, less costs, retain the deposit for further |
disposition or,
if a cash bond was posted for failure to appear |
in a matter involving
enforcement of child support or |
maintenance, the amount of the cash deposit on
the bond, less |
outstanding costs, may be awarded to the person or entity to
|
whom the child support or maintenance is due. The deposit
made |
in accordance with paragraph (a) shall be applied to
the |
payment of costs. If judgment is entered and any amount of such
|
deposit remains
after the payment of costs it shall be applied |
to payment of
the judgment and transferred to the treasury of |
the municipal
corporation wherein the bond was taken if the |
offense was a
violation of any penal ordinance of a political |
subdivision
of this State, or to the treasury of the county |
wherein the
bond was taken if the offense was a violation of |
any penal
statute of this State. The balance of the judgment |
may be
enforced and collected in the same manner as a judgment |
entered
in a civil action.
|
(h) After a judgment for a fine and court costs or either |
is
entered in the prosecution of a cause in which a deposit had
|
been made in accordance with paragraph (a) the balance of such
|
deposit, after deduction of bail bond costs, shall be applied
|
|
to the payment of the judgment.
|
(i) When a court appearance is required for an alleged |
violation of the Criminal Code of 1961, the Criminal Code of |
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish |
and Aquatic Life Code, the Child Passenger Protection Act, or a |
comparable offense of a unit of local government as specified |
in Supreme Court Rule 551, and if the accused does not appear |
in court on the date set for appearance or any date to which |
the case may be continued and the court issues an arrest |
warrant for the accused, based upon his or her failure to |
appear when having so previously been ordered to appear by the |
court, the accused upon his or her admission to bail shall be |
assessed by the court a fee of $75. Payment of the fee shall be |
a condition of release unless otherwise ordered by the court. |
The fee shall be in addition to any bail that the accused is |
required to deposit for the offense for which the accused has |
been charged and may not be used for the payment of court costs |
or fines assessed for the offense. The clerk of the court shall |
remit $70 of the fee assessed to the arresting agency who |
brings the offender in on the arrest warrant. If the Department |
of State Police is the arresting agency, $70 of the fee |
assessed shall be remitted by the clerk of the court to the |
State Treasurer within one month after receipt for deposit into |
the State Police Operations Assistance Fund. The clerk of the |
court shall remit $5 of the fee assessed to the Circuit Court |
Clerk Operation and Administrative Fund as provided in Section |