SB2650 EnrolledLRB098 15935 RLC 50982 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 adding Section 124A-15 as follows:
 
6    (725 ILCS 5/124A-15 new)
7    Sec. 124A-15. Reversal of conviction; refund of fines,
8fees, and costs.
9    (a) A defendant convicted in a criminal prosecution whose
10conviction is reversed by a finding of factual innocence in a
11collateral proceeding such as habeas corpus or post-conviction
12relief under Article 122 of this Code is not liable for any
13costs or fees of the court or circuit clerk's office, or for
14any charge of subsistence while detained in custody. If the
15defendant has paid any costs, fine, or fees, in the case, the
16clerk or judge shall give him or her a certificate of the
17payment of those costs, fine, or fees with the items of those
18expenses, which, when audited and approved according to law,
19shall be refunded to the defendant.
20    (b) To receive a refund under this Section, a defendant
21must submit a request for the refund to the clerk of the court
22on a form and in a manner prescribed by the clerk. The
23defendant must attach to the form an order from the court

 

 

SB2650 Enrolled- 2 -LRB098 15935 RLC 50982 b

1demonstrating the defendant's right to the refund and the
2amount of the refund.