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Public Act 91-0094
SB176 Enrolled LRB9100341RCcd
AN ACT in relation to bond fees.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 4-5001 as follows:
(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
Sec. 4-5001. Sheriffs; counties of first and second
class. The fees of sheriffs in counties of the first and
second class, except when increased by county ordinance under
this Section, shall be as follows:
For serving or attempting to serve summons on each
defendant in each county, $10.
For serving or attempting to serve an order or judgment
granting injunctional relief in each county, $10.
For serving or attempting to serve each garnishee in each
county, $10.
For serving or attempting to serve an order for replevin
in each county, $10.
For serving or attempting to serve an order for
attachment on each defendant in each county, $10.
For serving or attempting to serve a warrant of arrest,
$8, to be paid upon conviction.
For returning a defendant from outside the State of
Illinois, upon conviction, the court shall assess, as court
costs, the cost of returning a defendant to the jurisdiction.
For taking special bail, $1 in each county.
For serving or attempting to serve a subpoena on each
witness, in each county, $10.
For advertising property for sale, $5.
For returning each process, in each county, $5.
Mileage for each mile of necessary travel to serve any
such process as Stated above, calculating from the place of
holding court to the place of residence of the defendant, or
witness, 50¢ each way.
For summoning each juror, $3 with 30¢ mileage each way in
all counties.
For serving or attempting to serve notice of judgments or
levying to enforce a judgment, $3 with 50¢ mileage each way
in all counties.
For taking possession of and removing property levied on,
the officer shall be allowed to tax the actual cost of such
possession or removal.
For feeding each prisoner, such compensation to cover the
actual cost as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of
the office.
For attending before a court with prisoner, on an order
for habeas corpus, in each county, $10 per day.
For attending before a court with a prisoner in any
criminal proceeding, in each county, $10 per day.
For each mile of necessary travel in taking such prisoner
before the court as Stated above, 15¢ a mile each way.
For serving or attempting to serve an order or judgment
for the possession of real estate in an action of ejectment
or in any other action, or for restitution in an action of
forcible entry and detainer without aid, $10 and when aid is
necessary, the sheriff shall be allowed to tax in addition
the actual costs thereof, and for each mile of necessary
travel, 50¢ each way.
For executing and acknowledging a deed of sale of real
estate, in counties of first class, $4; second class, $4.
For preparing, executing and acknowledging a deed on
redemption from a court sale of real estate in counties of
first class, $5; second class, $5.
For making certificates of sale, and making and filing
duplicate, in counties of first class, $3; in counties of the
second class, $3.
For making certificate of redemption, $3.
For certificate of levy and filing, $3, and the fee for
recording shall be advanced by the judgment creditor and
charged as costs.
For taking all bonds on legal process, civil and
criminal, in counties of first class, $1; in second class,
$1.
For executing copies in criminal cases, $4 and mileage
for each mile of necessary travel, 20¢ each way.
For executing requisitions from other States, $5.
For conveying each prisoner from the prisoner's own
county to the jail of another county, or from another county
to the jail of the prisoner's county, per mile, for going,
only, 30¢.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls and Reception Centers, the
following fees, payable out of the State Treasury. For each
person who is conveyed, 35¢ per mile in going only to the
penitentiary, reformatory, Illinois State Training School for
Boys, Illinois State Training School for Girls and Reception
Centers, from the place of conviction.
The fees provided for transporting persons to the
penitentiary, reformatories, Illinois State Training School
for Boys, Illinois State Training School for Girls and
Reception Centers shall be paid for each trip so made.
Mileage as used in this Section means the shortest practical
route, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training
School for Girls and Reception Centers and all fees per mile
shall be computed on such basis.
For conveying any person to or from any of the charitable
institutions of the State, when properly committed by
competent authority, when one person is conveyed, 35¢ per
mile; when two persons are conveyed at the same time, 35¢ per
mile for the first person and 20¢ per mile for the second
person; and 10¢ per mile for each additional person.
For conveying a person from the penitentiary to the
county jail when required by law, 35¢ per mile.
For attending Supreme Court, $10 per day.
In addition to the above fees there shall be allowed to
the sheriff a fee of $600 for the sale of real estate which
is made by virtue of any judgment of a court, except that in
the case of a sale of unimproved real estate which sells for
$10,000 or less, the fee shall be $150. In addition to this
fee and all other fees provided by this Section, there shall
be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
For judgments up to $1,000, $75;
For judgments from $1,001 to $15,000, $150;
For judgments over $15,000, $300.
The foregoing fees allowed by this Section are the
maximum fees that may be collected from any officer, agency,
department or other instrumentality of the State. The county
board may, however, by ordinance, increase the fees allowed
by this Section and collect those increased fees from all
persons and entities other than officers, agencies,
departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing
that the fees allowed by this Section are not sufficient to
cover the costs of providing the service. A statement of the
costs of providing each service, program and activity shall
be prepared by the county board. All supporting documents
shall be public records and subject to public examination and
audit. All direct and indirect costs, as defined in the
United States Office of Management and Budget Circular A-87,
may be included in the determination of the costs of each
service, program and activity.
In all cases where the judgment is settled by the
parties, replevied, stopped by injunction or paid, or where
the property levied upon is not actually sold, the sheriff
shall be allowed his fee for levying and mileage, together
with half the fee for all money collected by him which he
would be entitled to if the same was made by sale to enforce
the judgment. In no case shall the fee exceed the amount of
money arising from the sale.
The fee requirements of this Section do not apply to
police departments or other law enforcement agencies. For
the purposes of this Section, "law enforcement agency" means
an agency of the State or unit of local government which is
vested by law or ordinance with the duty to maintain public
order end to enforce criminal laws.
(Source: P.A. 86-962; 86-1028; 87-738.)
Section 10. 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. When a person for whom bail has been set is
charged with an offense under the "Illinois Controlled
Substances Act" which is a Class X felony, 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. 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.
(Source: P.A. 88-287; 89-469, eff. 1-1-97.)
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