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| | HB1119 Engrossed | | LRB099 04982 RLC 25011 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 110-7 as follows:
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| 6 | | (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
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| 7 | | Sec. 110-7. Deposit of Bail Security.
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| 8 | | (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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| 13 | | 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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| 15 | | 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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| 21 | | 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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| 1 | | (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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| 5 | | 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 the Criminal Code of 2012 or an attempt to commit the |
| 9 | | offense of making a terrorist threat, the court may require the
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| 10 | | defendant to deposit a sum equal to 100% of the bail.
Where any |
| 11 | | person is charged with a forcible felony while free on bail and
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| 12 | | is the subject of proceedings under Section 109-3 of this Code |
| 13 | | the judge
conducting the preliminary examination may also |
| 14 | | conduct a hearing upon the
application of the State pursuant to |
| 15 | | the provisions of Section 110-6 of this
Code to increase or |
| 16 | | revoke the bail for that person's prior alleged offense.
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| 17 | | (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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| 20 | | (c) Once bail has been given and a charge is pending or
is |
| 21 | | thereafter filed in or transferred to a court of competent
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| 22 | | jurisdiction the latter court shall continue the original bail
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| 23 | | in that court subject to the provisions of Section 110-6 of |
| 24 | | this Code.
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| 25 | | (d) After conviction the court may order that the original
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| 26 | | bail stand as bail pending appeal or deny, increase or reduce |
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| 1 | | bail
subject to the provisions of Section 110-6.2.
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| 2 | | (e) After the entry of an order by the trial court allowing
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| 3 | | or denying bail pending appeal either party may apply to the
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| 4 | | reviewing court having jurisdiction or to a justice thereof
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| 5 | | sitting in vacation for an order increasing or decreasing the
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| 6 | | amount of bail or allowing or denying bail pending appeal |
| 7 | | subject to the
provisions of Section 110-6.2.
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| 8 | | (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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| 15 | | deposited. However, in no event shall the amount retained by |
| 16 | | the
clerk as bail bond costs be less than $5. Notwithstanding |
| 17 | | the foregoing, in counties with a population of 3,000,000 or |
| 18 | | more, in no event shall the amount retained by the clerk as |
| 19 | | bail bond costs exceed $100. Bail bond deposited by or on
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| 20 | | behalf of a defendant in one case may be used, in the court's |
| 21 | | discretion,
to satisfy financial obligations of that same |
| 22 | | defendant incurred in a
different case due to a fine, court |
| 23 | | costs,
restitution or fees of the defendant's attorney of |
| 24 | | record. In counties with
a population of 3,000,000 or more, the |
| 25 | | court shall
not order bail bond deposited by or on behalf of a |
| 26 | | defendant in one case to
be used to satisfy financial |
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| 1 | | obligations of that same defendant in a
different case until |
| 2 | | the bail bond is first used to satisfy court costs and
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| 3 | | attorney's fees in
the case in which the bail bond has been |
| 4 | | deposited and any other unpaid child
support obligations are |
| 5 | | satisfied. In counties with a population of less than |
| 6 | | 3,000,000, the court shall
not order bail bond deposited by or |
| 7 | | on behalf of a defendant in one case to
be used to satisfy |
| 8 | | financial obligations of that same defendant in a
different |
| 9 | | case until the bail bond is first used to satisfy court costs
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| 10 | | in
the case in which the bail bond has been deposited.
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| 11 | | At the request of the defendant the court may order such |
| 12 | | 90% of
defendant's bail deposit, or whatever amount is |
| 13 | | repayable to defendant
from such deposit, to be paid to |
| 14 | | defendant's attorney of record.
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| 15 | | (g) If the accused does not comply with the conditions of
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| 16 | | the bail bond the court having jurisdiction shall enter an
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| 17 | | order declaring the bail to be forfeited. Notice of such order
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| 18 | | of forfeiture shall be mailed forthwith to the accused at his
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| 19 | | last known address. If the accused does not appear and |
| 20 | | surrender
to the court having jurisdiction within 30 days from |
| 21 | | the date of
the forfeiture or within such period satisfy the |
| 22 | | court
that appearance and surrender by the accused is |
| 23 | | impossible
and without his fault the court shall enter judgment |
| 24 | | for the State if the
charge for which the bond was given was a |
| 25 | | felony
or misdemeanor, or if the charge was quasi-criminal or |
| 26 | | traffic,
judgment for the political subdivision of the State |
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| 1 | | which
prosecuted the case, against the accused for the amount |
| 2 | | of
the bail and costs of the court proceedings; however,
in |
| 3 | | counties with a population of less than 3,000,000, instead of |
| 4 | | the court
entering a judgment for the full amount
of the bond |
| 5 | | the court may, in its discretion, enter judgment for the cash
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| 6 | | deposit on the bond, less costs, retain the deposit for further |
| 7 | | disposition or,
if a cash bond was posted for failure to appear |
| 8 | | in a matter involving
enforcement of child support or |
| 9 | | maintenance, the amount of the cash deposit on
the bond, less |
| 10 | | outstanding costs, may be awarded to the person or entity to
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| 11 | | whom the child support or maintenance is due. The deposit
made |
| 12 | | in accordance with paragraph (a) shall be applied to
the |
| 13 | | payment of costs. If judgment is entered and any amount of such
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| 14 | | deposit remains
after the payment of costs it shall be applied |
| 15 | | to payment of
the judgment and transferred to the treasury of |
| 16 | | the municipal
corporation wherein the bond was taken if the |
| 17 | | offense was a
violation of any penal ordinance of a political |
| 18 | | subdivision
of this State, or to the treasury of the county |
| 19 | | wherein the
bond was taken if the offense was a violation of |
| 20 | | any penal
statute of this State. The balance of the judgment |
| 21 | | may be
enforced and collected in the same manner as a judgment |
| 22 | | entered
in a civil action.
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| 23 | | (h) After a judgment for a fine and court costs or either |
| 24 | | is
entered in the prosecution of a cause in which a deposit had
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| 25 | | been made in accordance with paragraph (a) the balance of such
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| 26 | | deposit, after deduction of bail bond costs, shall be applied
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| 1 | | to the payment of the judgment.
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| 2 | | (i) When a court appearance is required for an alleged |
| 3 | | violation of the Criminal Code of 1961, the Criminal Code of |
| 4 | | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish |
| 5 | | and Aquatic Life Code, the Child Passenger Protection Act, or a |
| 6 | | comparable offense of a unit of local government as specified |
| 7 | | in Supreme Court Rule 551, and if the accused does not appear |
| 8 | | in court on the date set for appearance or any date to which |
| 9 | | the case may be continued and the court issues an arrest |
| 10 | | warrant for the accused, based upon his or her failure to |
| 11 | | appear when having so previously been ordered to appear by the |
| 12 | | court, the accused upon his or her admission to bail shall be |
| 13 | | assessed by the court a fee of $75. Payment of the fee shall be |
| 14 | | a condition of release unless otherwise ordered by the court. |
| 15 | | The fee shall be in addition to any bail that the accused is |
| 16 | | required to deposit for the offense for which the accused has |
| 17 | | been charged and may not be used for the payment of court costs |
| 18 | | or fines assessed for the offense. The clerk of the court shall |
| 19 | | remit $70 of the fee assessed to the arresting agency who |
| 20 | | brings the offender in on the arrest warrant. If the Department |
| 21 | | of State Police is the arresting agency, $70 of the fee |
| 22 | | assessed shall be remitted by the clerk of the court to the |
| 23 | | State Treasurer within one month after receipt for deposit into |
| 24 | | the State Police Operations Assistance Fund. The clerk of the |
| 25 | | court shall remit $5 of the fee assessed to the Circuit Court |
| 26 | | Clerk Operation and Administrative Fund as provided in Section |