| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 096-1431 Public Act 1431 96TH GENERAL ASSEMBLY |
Public Act 096-1431 | HB5494 Enrolled | LRB096 15677 RLC 35675 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 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. 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 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. 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. 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 27.3d of the Clerks | of Courts Act.
| (Source: P.A. 94-556, eff. 9-11-05; 95-952, eff. 8-29-08.)
|
Effective Date: 1/1/2011
|
|
|