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09400HB4959ham001 |
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LRB094 15355 RLC 55545 a |
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| Section 10. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 110-7 as follows:
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| (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
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| Sec. 110-7. Deposit of Bail Security.
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| (a) The person for whom bail has been set shall execute the |
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| bail bond and
deposit with the clerk of the court before which |
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| the proceeding is pending a
sum of money equal to 10% of the |
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| bail, but in no event shall such deposit be
less than $25. The |
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| clerk of the court shall provide a space on each form for a
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| person other than the accused who has provided the money for |
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| the posting of
bail to so indicate and a space signed by an
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| accused who has executed the bail bond indicating whether a |
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| person other
than the accused has provided the money for the |
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| posting of bail. The form
shall also include a written notice |
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| to such person who has provided
the defendant with the money |
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| for the posting of bail indicating that the bail
may be used to |
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| pay costs, attorney's fees, fines, or other purposes authorized
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| by the court and if the
defendant fails to comply with the |
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| conditions of the bail bond, the court
shall enter an order |
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| declaring the bail to be forfeited. The written notice
must be: |
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| (1) distinguishable from the surrounding text; (2) in bold type |
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| or
underscored; and (3) in a type size at least 2 points larger |
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| than the
surrounding type. When a person for whom
bail has been |
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| set is charged with an offense under the Illinois Controlled
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| Substances Act or the Methamphetamine Control and Community |
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| Protection Act which is a Class X felony, the court may require |
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| the
defendant to deposit a sum equal to 100% of the bail.
Where |
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| any person is charged with a forcible felony while free on bail |
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| and
is the subject of proceedings under Section 109-3 of this |
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| Code the judge
conducting the preliminary examination may also |
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| conduct a hearing upon the
application of the State pursuant to |
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| the provisions of Section 110-6 of this
Code to increase or |
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| revoke the bail for that person's prior alleged offense.
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09400HB4959ham001 |
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LRB094 15355 RLC 55545 a |
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| (b) Upon depositing this sum and any bond fee authorized by |
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| law, the person
shall be released
from custody subject to the |
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| conditions of the bail bond.
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| (c) Once bail has been given and a charge is pending or
is |
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| thereafter filed in or transferred to a court of competent
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| jurisdiction the latter court shall continue the original bail
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| in that court subject to the provisions of Section 110-6 of |
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| this Code.
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| (d) After conviction the court may order that the original
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| bail stand as bail pending appeal or deny, increase or reduce |
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| bail
subject to the provisions of Section 110-6.2.
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| (e) After the entry of an order by the trial court allowing
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| or denying bail pending appeal either party may apply to the
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| reviewing court having jurisdiction or to a justice thereof
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| sitting in vacation for an order increasing or decreasing the
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| amount of bail or allowing or denying bail pending appeal |
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| subject to the
provisions of Section 110-6.2.
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| (f) When the conditions of the bail bond have been |
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| performed
and the accused has been discharged from all |
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| obligations in the
cause the clerk of the court shall return to |
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| the accused or to the
defendant's designee by an assignment |
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| executed at the time the bail amount
is deposited, unless
the |
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| court orders otherwise, 90% of the sum which had been
deposited |
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| and shall retain as bail bond costs 10% of the amount
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| deposited. However, in no event shall the amount retained by |
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| the
clerk as bail bond costs be less than $5. Bail bond |
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| deposited by or on
behalf of a defendant in one case may be |
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| used, in the court's discretion,
to satisfy financial |
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| obligations of that same defendant incurred in a
different case |
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| due to a fine, court costs,
restitution or fees of the |
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| defendant's attorney of record. In counties with
a population |
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| of 3,000,000 or more, the court shall
not order bail bond |
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| deposited by or on behalf of a defendant in one case to
be used |
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| to satisfy financial obligations of that same defendant in a
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09400HB4959ham001 |
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LRB094 15355 RLC 55545 a |
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| different case until the bail bond is first used to satisfy |
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| court costs and
attorney's fees in
the case in which the bail |
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| bond has been deposited and any other unpaid child
support |
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| obligations are satisfied. In counties with a population of |
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| less than 3,000,000, the court shall
not order bail bond |
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| deposited by or on behalf of a defendant in one case to
be used |
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| to satisfy financial obligations of that same defendant in a
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| different case until the bail bond is first used to satisfy |
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| court costs
in
the case in which the bail bond has been |
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| deposited.
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| At the request of the defendant the court may order such |
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| 90% of
defendant's bail deposit, or whatever amount is |
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| repayable to defendant
from such deposit, to be paid to |
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| defendant's attorney of record.
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| (g) If the accused does not comply with the conditions of
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| the bail bond the court having jurisdiction shall enter an
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| order declaring the bail to be forfeited. Notice of such order
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| of forfeiture shall be mailed forthwith to the accused at his
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| last known address. If the accused does not appear and |
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| surrender
to the court having jurisdiction within 30 days from |
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| the date of
the forfeiture or within such period satisfy the |
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| court
that appearance and surrender by the accused is |
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| impossible
and without his fault the court shall enter judgment |
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| for the State if the
charge for which the bond was given was a |
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| felony
or misdemeanor, or if the charge was quasi-criminal or |
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| traffic,
judgment for the political subdivision of the State |
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| which
prosecuted the case, against the accused for the amount |
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| of
the bail and costs of the court proceedings; however,
in |
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| counties with a population of less than 3,000,000, instead of |
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| the court
entering a judgment for the full amount
of the bond |
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| the court may, in its discretion, enter judgment for the cash
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| deposit on the bond, less costs, retain the deposit for further |
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| disposition or,
if a cash bond was posted for failure to appear |
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| in a matter involving
enforcement of child support or |
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09400HB4959ham001 |
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LRB094 15355 RLC 55545 a |
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| maintenance, the amount of the cash deposit on
the bond, less |
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| outstanding costs, may be awarded to the person or entity to
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| whom the child support or maintenance is due. The deposit
made |
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| in accordance with paragraph (a) shall be applied to
the |
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| payment of costs. If judgment is entered and any amount of such
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| deposit remains
after the payment of costs it shall be applied |
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| to payment of
the judgment and transferred to the treasury of |
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| the municipal
corporation wherein the bond was taken if the |
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| offense was a
violation of any penal ordinance of a political |
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| subdivision
of this State, or to the treasury of the county |
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| wherein the
bond was taken if the offense was a violation of |
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| any penal
statute of this State. The balance of the judgment |
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| may be
enforced and collected in the same manner as a judgment |
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| entered
in a civil action.
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| (h) After a judgment for a fine and court costs or either |
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| is
entered in the prosecution of a cause in which a deposit had
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| been made in accordance with paragraph (a) the balance of such
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| deposit, after deduction of bail bond costs, shall be applied
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| to the payment of the judgment.
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| (i) When a court appearance is required for an alleged |
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| violation of the Criminal Code of 1961, the Illinois Vehicle |
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| Code, the Wildlife Code, the Fish and Aquatic Life Code, the |
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| Child Passenger Protection Act, or a comparable offense of a |
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| unit of local government as specified in Supreme Court Rule |
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| 551, and if the accused does not appear in court on the date |
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| set for appearance or any date to which the case may be |
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| continued and the court issues an arrest warrant for the |
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| accused, based upon his or her failure to appear when having so |
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| previously been ordered to appear by the court, the accused |
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| upon his or her admission to bail shall be assessed by the |
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| court a penalty of $100. The penalty shall be in addition to |
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| any bail that the accused is required to deposit for the |
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| offense for which the accused has been charged and may not be |
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| used for the payment of court costs or fines assessed for the |
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09400HB4959ham001 |
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LRB094 15355 RLC 55545 a |
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| offense. The clerk of the court shall remit $95 of the penalty |
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| assessed to the arresting agency who brings the offender in on |
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| the arrest warrant. The clerk of the court shall remit $5 of |
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| the penalty assessed to the Circuit Court Clerk Operation and |
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| Administrative Fund as provided in Section 27.3d of the Clerks |
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| of Courts Act.
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| (Source: P.A. 93-371, eff. 1-1-04; 93-760, eff. 1-1-05; 94-556, |
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| eff. 9-11-05.)".
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