093_HB3504

 
                                     LRB093 04201 RLC 04245 b

 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 costs, attorney's
21    fees, fines, or other purposes authorized by the court and if
22    the defendant fails to comply with the conditions of the bail
23    bond, the court shall enter an order declaring the bail to be
24    forfeited.  The written notice must be:  (1)  distinguishable
25    from  the  surrounding text; (2) in bold type or underscored;
26    and (3) in a type size at least  2  points  larger  than  the
27    surrounding  type.   When a person for whom bail has been set
28    is charged with an offense  under  the  "Illinois  Controlled
29    Substances  Act"  which  is  a  Class X felony, the court may
30    require the defendant to deposit a sum equal to 100%  of  the
31    bail.  Where  any  person  is  charged with a forcible felony
 
                            -2-      LRB093 04201 RLC 04245 b
 1    while free on bail and is the subject  of  proceedings  under
 2    Section   109-3   of  this  Code  the  judge  conducting  the
 3    preliminary examination may also conduct a hearing  upon  the
 4    application  of  the  State  pursuant  to  the  provisions of
 5    Section 110-6 of this Code to increase or revoke the bail for
 6    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, 90% of the sum which had
30    been deposited and shall retain as bail bond costs 10% of the
31    amount deposited.  However, in  no  event  shall  the  amount
32    retained  by  the  clerk  as bail bond costs be less than $5.
33    Bail bond deposited by or on behalf of  a  defendant  in  one
34    case  may  be  used,  in  the  court's discretion, to satisfy
 
                            -3-      LRB093 04201 RLC 04245 b
 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  any  other  unpaid  child
 9    support obligations are satisfied.
10        At  the request of the defendant the court may order such
11    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-      LRB093 04201 RLC 04245 b
 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.)