100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3269

 

Introduced 2/15/2018, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-14  from Ch. 38, par. 110-14
725 ILCS 5/110-17  from Ch. 38, par. 110-17

    Amends the Code of Criminal Procedure of 1963. Provides a person subject to bail on a Category B offense shall have $30 deducted from his or her monetary bail as determined by the court under the Code for every day the person is incarcerated. Provides any sum of money deposited by any person to secure his or her release from custody which remains unclaimed by the person entitled to its return for 3 years after the conditions of the bail bond have been performed and the accused has been discharged from all obligations in the cause shall be presumed to be abandoned and subject to disposition under the Revised Uniform Unclaimed Property Act. Eliminates publishing requirements and other provisions concerning unclaimed bail deposits. Effective immediately.


LRB100 20548 SLF 35952 b

 

 

A BILL FOR

 

SB3269LRB100 20548 SLF 35952 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 110-14 and 110-17 as follows:
 
6    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
7    Sec. 110-14. Credit for incarceration on bailable offense;
8credit against monetary bail for certain offenses.
9    (a) Any person incarcerated on a bailable offense who does
10not supply bail and against whom a fine is levied on conviction
11of the offense shall be allowed a credit of $5 for each day so
12incarcerated upon application of the defendant. However, in no
13case shall the amount so allowed or credited exceed the amount
14of the fine.
15    (b) Subsection (a) does not apply to a person incarcerated
16for sexual assault as defined in paragraph (1) of subsection
17(a) of Section 5-9-1.7 of the Unified Code of Corrections.
18    (c) A person subject to bail on a Category B offense shall
19have $30 deducted from his or her monetary bail as determined
20by the court under Section 110-5 of this Code for every day the
21person is incarcerated.
22(Source: P.A. 100-1, eff. 1-1-18.)
 

 

 

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1    (725 ILCS 5/110-17)  (from Ch. 38, par. 110-17)
2    Sec. 110-17. Unclaimed Bail Deposits. Any Notwithstanding
3the provisions of the Revised Uniform Unclaimed Property Act,
4any sum of money deposited by any person to secure his or her
5release from custody which remains unclaimed by the person
6entitled to its return for 3 years after the conditions of the
7bail bond have been performed and the accused has been
8discharged from all obligations in the cause shall be presumed
9to be abandoned and subject to disposition under the Revised
10Uniform Unclaimed Property Act.
11    (a) (Blank). The clerk of the circuit court, as soon
12thereafter as practicable, shall cause notice to be published
13once, in English, in a newspaper or newspapers of general
14circulation in the county wherein the deposit of bond was
15received.
16    (b) (Blank). The published notice shall be entitled "Notice
17of Persons Appearing to be Owners of Abandoned Property" and
18shall contain:
19        (1) The names, in alphabetical order, of persons to
20    whom the notice is directed.
21        (2) A statement that information concerning the amount
22    of the property may be obtained by any persons possessing
23    an interest in the property by making an inquiry at the
24    office of the clerk of the circuit court at a location
25    designated by him.
26        (3) A statement that if proof of claim is not presented

 

 

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1    by the owner to the clerk of the circuit court and if the
2    owner's right to receive the property is not established to
3    the satisfaction of the clerk of the court within 65 days
4    from the date of the published notice, the abandoned
5    property will be placed in the custody of the treasurer of
6    the county, not later than 85 days after such publication,
7    to whom all further claims must thereafter be directed. If
8    the claim is established as aforesaid and after deducting
9    an amount not to exceed $20 to cover the cost of notice
10    publication and related clerical expenses, the clerk of the
11    court shall make payment to the person entitled thereto.
12        (4) The clerk of the circuit court is not required to
13    publish in such notice any items of less than $100 unless
14    he deems such publication in the public interest.
15    (c) (Blank). Any clerk of the circuit court who has caused
16notice to be published as provided by this Section shall,
17within 20 days after the time specified in this Section for
18claiming the property from the clerk of the court, pay or
19deliver to the treasurer of the county having jurisdiction of
20the offense, whether the bond was taken there or any other
21county, all sums deposited as specified in this section less
22such amounts as may have been returned to the persons whose
23rights to receive the sums deposited have been established to
24the satisfaction of the clerk of the circuit court. Any clerk
25of the circuit court who transfers such sums to the county
26treasury including sums deposited by persons whose names are

 

 

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1not required to be set forth in the published notice aforesaid,
2is relieved of all liability for such sums as have been
3transferred as unclaimed bail deposits or any claim which then
4exists or which thereafter may arise or be made in respect to
5such sums.
6    (d) (Blank). The treasurer of the county shall keep just
7and true accounts of all moneys paid into the treasury, and if
8any person appears within 5 years after the deposit of moneys
9by the clerk of the circuit court and claims any money paid
10into the treasury, he shall file a claim therefor on the form
11prescribed by the treasurer of the county who shall consider
12any claim filed under this Act and who may, in his discretion,
13hold a hearing and receive evidence concerning it. The
14treasurer of the county shall prepare a finding and the
15decision in writing on each hearing, stating the substance of
16any evidence heard by him, his findings of fact in respect
17thereto, and the reasons for his decision. The decision shall
18be a public record.
19    (e) (Blank). All claims which are not filed within the 5
20year period shall be forever barred.
21(Source: P.A. 100-22, eff. 1-1-18.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.