093_SB1127ham003











                                     LRB093 04187 RLC 16881 a

 1                    AMENDMENT TO SENATE BILL 1127

 2        AMENDMENT NO.     .  Amend Senate Bill 1127, AS  AMENDED,
 3    with  reference  to  the  page  and  line  numbers  of  House
 4    Amendment  No.  1,  by replacing lines 9 through 21 on page 1
 5    and lines 1 through 28 on page 2 with the following:

 6        "(705 ILCS 105/16.5 new)
 7        Sec. 16.5.  Assisting court users; clerk or deputy clerk.
 8        (a)  In this Section:
 9        "Court" means the circuit court.
10        "Form" means a model or skeleton of an instrument  to  be
11    used   in   a   judicial  proceeding  or  legal  transaction,
12    containing  the  principal  necessary  matters,  the   proper
13    technical  terms or phrases and whatever else is necessary to
14    make it formally correct and capable of being adopted to  the
15    circumstances of the specific case or transaction.
16        (b)  Court  staff  must  treat  all  litigants fairly and
17    equally. Court staff must  not  provide  assistance  for  the
18    purpose  of  giving  one party an advantage over another, nor
19    give assistance to one party that they would not give  to  an
20    opposing party.
21        (c)  Court staff shall do all of the following:
22             (1)  Provide   public   information   contained   in
23        dockets,  calendars,  case  files,  indexes,  or existing
 
                            -2-      LRB093 04187 RLC 16881 a
 1        reports.
 2             (2)  Explain and answer procedural  questions  about
 3        how the court system works.
 4             (3)  Provide  court  schedules and information about
 5        how to get a case scheduled.
 6             (4)  Provide copies of State and local  court  rules
 7        and procedures for applicable fees and costs.
 8             (5)  Advise  litigants  as to where to find statutes
 9        and rules.
10             (6)  Identify and provide applicable court forms and
11        instructions.
12             (7)  Provide telephone numbers and website addresses
13        for lawyer referral services, legal  aid  providers,  and
14        other services where the public can get legal information
15        and assistance.
16             (8)  Provide   appropriate  aids  and  services  for
17        individuals with  disabilities  in  accordance  with  the
18        Americans with Disabilities Act of 1990, 42 USC 12101.
19             (9)  Provide  simplified  forms  to  help  with  the
20        writing and filing of a petition when available."; and

21    by  replacing lines 31 and 32 on page 30, all of page 31, and
22    lines 1 through 17 on page 32 with the following:

23        "(705 ILCS 110/1.5 new)
24        Sec. 1.5.  Assisting court users; clerk or deputy clerks;
25    prohibition; unauthorized information and  assistance.  Court
26    staff may not do any of the following:
27             (1)  Provide  legal  advice  or recommend a specific
28        course of legal action for an individual. If a court user
29        asks  for  legal  advice,  court  staff   shall   provide
30        telephone   numbers  and  website  addresses  for  lawyer
31        referral  services,  legal  aid  providers,   and   other
32        services  where  the public can get legal information and
33        assistance.
 
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 1             (2)  Apply the law to the facts of a given case.
 2             (3)  Interpret  the  meaning   or   implication   of
 3        statutes or appellate court decisions as they might apply
 4        to an individual case.
 5             (4)  Perform legal research for court users.
 6             (5)  Reveal   the  outcome  of  a  case  before  the
 7        information is officially released to  the  litigants  or
 8        the public.
 9             (6)  Fill  out  forms, or direct litigants as to how
10        to fill out forms that require legal analysis of the law.
11        If  the  litigant  has  a  physical  disability   or   is
12        illiterate and is therefore unable to fill in a form, and
13        the litigant explains the disability to the clerk's staff
14        member  and  requests  appropriate  assistance,  then the
15        staff member may fill in the form with  the  exact  words
16        provided  by  the  litigant and another staff member must
17        witness the action. If the litigant is seeking  an  order
18        of protection, the clerk, in accordance with the Illinois
19        Domestic  Violence  Act  of  1986, may provide simplified
20        forms and clerical assistance to help  with  the  writing
21        and the filing of a petition.

22        Section  11.  If  and only if House Bill 3504 of the 93rd
23    General Assembly becomes law, the Code of Criminal  Procedure
24    of 1963 is amended by changing Section 110-7 as follows:

25        (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
26        Sec. 110-7.  Deposit of Bail Security.
27        (a)  The  person for whom bail has been set shall execute
28    the bail bond and deposit with the clerk of the court  before
29    which  the  proceeding is pending a sum of money equal to 10%
30    of the bail, but in no event shall such deposit be less  than
31    $25.   The  clerk  of the court shall provide a space on each
32    form for a person other than the accused who has provided the
 
                            -4-      LRB093 04187 RLC 16881 a
 1    money for the posting of bail to  so  indicate  and  a  space
 2    signed   by  an  accused  who  has  executed  the  bail  bond
 3    indicating whether  a  person  other  than  the  accused  has
 4    provided  the  money for the posting of bail.  The form shall
 5    also include a written notice to such person who has provided
 6    the  defendant  with  the  money  for  the  posting  of  bail
 7    indicating that the bail may be used to pay costs, attorney's
 8    fees, fines, or other purposes authorized by the court and if
 9    the defendant fails to comply with the conditions of the bail
10    bond, the court shall enter an order declaring the bail to be
11    forfeited.  The written notice must be:  (1)  distinguishable
12    from  the  surrounding text; (2) in bold type or underscored;
13    and (3) in a type size at least  2  points  larger  than  the
14    surrounding  type.   When a person for whom bail has been set
15    is charged with an offense  under  the  "Illinois  Controlled
16    Substances  Act"  which  is  a  Class X felony, the court may
17    require the defendant to deposit a sum equal to 100%  of  the
18    bail.  Where  any  person  is  charged with a forcible felony
19    while free on bail and is the subject  of  proceedings  under
20    Section   109-3   of  this  Code  the  judge  conducting  the
21    preliminary examination may also conduct a hearing  upon  the
22    application  of  the  State  pursuant  to  the  provisions of
23    Section 110-6 of this Code to increase or revoke the bail for
24    that person's prior alleged offense.
25        (b)  Upon depositing this sum and any bond fee authorized
26    by law, the person shall be released from custody subject  to
27    the conditions of the bail bond.
28        (c)  Once  bail has been given and a charge is pending or
29    is thereafter filed in or transferred to a court of competent
30    jurisdiction the latter court  shall  continue  the  original
31    bail in that court subject to the provisions of Section 110-6
32    of this Code.
33        (d)  After  conviction  the  court  may  order  that  the
34    original  bail stand as bail pending appeal or deny, increase
 
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 1    or reduce bail subject to the provisions of Section 110-6.2.
 2        (e)  After the entry of  an  order  by  the  trial  court
 3    allowing  or  denying  bail  pending  appeal either party may
 4    apply to the reviewing court  having  jurisdiction  or  to  a
 5    justice  thereof  sitting in vacation for an order increasing
 6    or decreasing the amount of bail or allowing or denying  bail
 7    pending appeal subject to the provisions of Section 110-6.2.
 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
11    to  the  accused  or  to  the  defendant's  designee  by   an
12    assignment executed at the time the bail amount is deposited,
13    unless  the  court orders otherwise, 90% of the sum which had
14    been deposited and shall retain as bail bond costs 10% of the
15    amount deposited.  However, in  no  event  shall  the  amount
16    retained  by  the  clerk  as bail bond costs be less than $5.
17    Bail bond deposited by or on behalf of  a  defendant  in  one
18    case  may  be  used,  in  the  court's discretion, to satisfy
19    financial obligations of that same defendant  incurred  in  a
20    different  case  due  to  a fine, court costs, restitution or
21    fees of the defendant's attorney of record.  In counties with
22    a population of 3,000,000 or more, the court shall not  order
23    bail  bond  deposited  by  or on behalf of a defendant in one
24    case to be used to satisfy financial obligations of that same
25    defendant in a different case until the bail  bond  is  first
26    used  to  satisfy court costs and attorney's fees in the case
27    in which the bail bond  has  been  deposited  and  any  other
28    unpaid child support obligations are satisfied.   In counties
29    with a population of less than 3,000,000, the court shall not
30    order  bail  bond deposited by or on behalf of a defendant in
31    one case to be used to satisfy financial obligations of  that
32    same  defendant  in  a  different case until the bail bond is
33    first used to satisfy court costs in the case  in  which  the
34    bail bond has been deposited.
 
                            -6-      LRB093 04187 RLC 16881 a
 1        At  the request of the defendant the court may order such
 2    90% of  defendant's  bail  deposit,  or  whatever  amount  is
 3    repayable  to  defendant  from  such  deposit,  to be paid to
 4    defendant's attorney of record.
 5        (g)  If the accused does not comply with  the  conditions
 6    of the bail bond the court having jurisdiction shall enter an
 7    order  declaring  the  bail  to be forfeited.  Notice of such
 8    order of forfeiture shall be mailed forthwith to the  accused
 9    at  his  last  known address.  If the accused does not appear
10    and surrender to the court having jurisdiction within 30 days
11    from the date of the forfeiture or within such period satisfy
12    the court that appearance and surrender  by  the  accused  is
13    impossible  and  without  his  fault  the  court  shall enter
14    judgment for the State if the charge for which the  bond  was
15    given  was  a  felony  or  misdemeanor,  or if the charge was
16    quasi-criminal  or  traffic,  judgment  for   the   political
17    subdivision  of  the State which prosecuted the case, against
18    the accused for the amount of the bail and costs of the court
19    proceedings; however, in counties with a population  of  less
20    than  3,000,000, instead of the court entering a judgment for
21    the full amount of the bond the court may, in its discretion,
22    enter judgment for the cash deposit on the bond, less  costs,
23    retain the deposit for further disposition or, if a cash bond
24    was  posted  for  failure  to  appear  in  a matter involving
25    enforcement of child support or maintenance,  the  amount  of
26    the  cash deposit on the bond, less outstanding costs, may be
27    awarded to the person or entity to whom the child support  or
28    maintenance  is  due.   The  deposit  made in accordance with
29    paragraph (a) shall be applied to the payment of  costs.   If
30    judgment  is  entered  and any amount of such deposit remains
31    after the payment of costs it shall be applied to payment  of
32    the judgment and transferred to the treasury of the municipal
33    corporation  wherein  the bond was taken if the offense was a
34    violation of any penal ordinance of a  political  subdivision
 
                            -7-      LRB093 04187 RLC 16881 a
 1    of  this  State, or to the treasury of the county wherein the
 2    bond was taken if the offense was a violation  of  any  penal
 3    statute  of  this  State.  The balance of the judgment may be
 4    enforced and collected in  the  same  manner  as  a  judgment
 5    entered in a civil action.
 6        (h)  After  a  judgment  for  a  fine  and court costs or
 7    either is entered in the prosecution of a cause  in  which  a
 8    deposit  had  been  made in accordance with paragraph (a) the
 9    balance of such deposit, after deduction of bail bond  costs,
10    shall be applied to the payment of the judgment.
11    (Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00; 92-16,
12    eff. 6-28-01; 93HB3504enr.)"; and

13    on  page  33, line 17, by changing "Whenever" to "In counties
14    with a population of 3,000,000 or more, whenever".