HB1119 EnrolledLRB099 04982 RLC 25011 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 Section 110-7 as follows:
6    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
7    Sec. 110-7. Deposit of Bail Security.
8    (a) The person for whom bail has been set shall execute the
9bail bond and deposit with the clerk of the court before which
10the proceeding is pending a sum of money equal to 10% of the
11bail, but in no event shall such deposit be less than $25. The
12clerk of the court shall provide a space on each form for a
13person other than the accused who has provided the money for
14the posting of bail to so indicate and a space signed by an
15accused who has executed the bail bond indicating whether a
16person other than the accused has provided the money for the
17posting of bail. The form shall also include a written notice
18to such person who has provided the defendant with the money
19for the posting of bail indicating that the bail may be used to
20pay costs, attorney's fees, fines, or other purposes authorized
21by the court and if the defendant fails to comply with the
22conditions of the bail bond, the court shall enter an order
23declaring the bail to be forfeited. The written notice must be:



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1(1) distinguishable from the surrounding text; (2) in bold type
2or underscored; and (3) in a type size at least 2 points larger
3than the surrounding type. When a person for whom bail has been
4set is charged with an offense under the Illinois Controlled
5Substances Act or the Methamphetamine Control and Community
6Protection Act which is a Class X felony, or making a terrorist
7threat in violation of Section 29D-20 of the Criminal Code of
81961 or the Criminal Code of 2012 or an attempt to commit the
9offense of making a terrorist threat, the court may require the
10defendant to deposit a sum equal to 100% of the bail. Where any
11person is charged with a forcible felony while free on bail and
12is the subject of proceedings under Section 109-3 of this Code
13the judge conducting the preliminary examination may also
14conduct a hearing upon the application of the State pursuant to
15the provisions of Section 110-6 of this Code to increase or
16revoke the bail for that person's prior alleged offense.
17    (b) Upon depositing this sum and any bond fee authorized by
18law, the person shall be released from custody subject to the
19conditions of the bail bond.
20    (c) Once bail has been given and a charge is pending or is
21thereafter filed in or transferred to a court of competent
22jurisdiction the latter court shall continue the original bail
23in that court subject to the provisions of Section 110-6 of
24this Code.
25    (d) After conviction the court may order that the original
26bail stand as bail pending appeal or deny, increase or reduce



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1bail subject to the provisions of Section 110-6.2.
2    (e) After the entry of an order by the trial court allowing
3or denying bail pending appeal either party may apply to the
4reviewing court having jurisdiction or to a justice thereof
5sitting in vacation for an order increasing or decreasing the
6amount of bail or allowing or denying bail pending appeal
7subject to the provisions of Section 110-6.2.
8    (f) When the conditions of the bail bond have been
9performed and the accused has been discharged from all
10obligations in the cause the clerk of the court shall return to
11the accused or to the defendant's designee by an assignment
12executed at the time the bail amount is deposited, unless the
13court orders otherwise, 90% of the sum which had been deposited
14and shall retain as bail bond costs 10% of the amount
15deposited. However, in no event shall the amount retained by
16the clerk as bail bond costs be less than $5. Notwithstanding
17the foregoing, in counties with a population of 3,000,000 or
18more, in no event shall the amount retained by the clerk as
19bail bond costs exceed $100. Bail bond deposited by or on
20behalf of a defendant in one case may be used, in the court's
21discretion, to satisfy financial obligations of that same
22defendant incurred in a different case due to a fine, court
23costs, restitution or fees of the defendant's attorney of
24record. In counties with a population of 3,000,000 or more, the
25court shall not order bail bond deposited by or on behalf of a
26defendant in one case to be used to satisfy financial



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1obligations of that same defendant in a different case until
2the bail bond is first used to satisfy court costs and
3attorney's fees in the case in which the bail bond has been
4deposited and any other unpaid child support obligations are
5satisfied. In counties with a population of less than
63,000,000, the court shall not order bail bond deposited by or
7on behalf of a defendant in one case to be used to satisfy
8financial obligations of that same defendant in a different
9case until the bail bond is first used to satisfy court costs
10in the case in which the bail bond has been deposited.
11    At the request of the defendant the court may order such
1290% of defendant's bail deposit, or whatever amount is
13repayable to defendant from such deposit, to be paid to
14defendant's attorney of record.
15    (g) If the accused does not comply with the conditions of
16the bail bond the court having jurisdiction shall enter an
17order declaring the bail to be forfeited. Notice of such order
18of forfeiture shall be mailed forthwith to the accused at his
19last known address. If the accused does not appear and
20surrender to the court having jurisdiction within 30 days from
21the date of the forfeiture or within such period satisfy the
22court that appearance and surrender by the accused is
23impossible and without his fault the court shall enter judgment
24for the State if the charge for which the bond was given was a
25felony or misdemeanor, or if the charge was quasi-criminal or
26traffic, judgment for the political subdivision of the State



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1which prosecuted the case, against the accused for the amount
2of the bail and costs of the court proceedings; however, in
3counties with a population of less than 3,000,000, instead of
4the court entering a judgment for the full amount of the bond
5the court may, in its discretion, enter judgment for the cash
6deposit on the bond, less costs, retain the deposit for further
7disposition or, if a cash bond was posted for failure to appear
8in a matter involving enforcement of child support or
9maintenance, the amount of the cash deposit on the bond, less
10outstanding costs, may be awarded to the person or entity to
11whom the child support or maintenance is due. The deposit made
12in accordance with paragraph (a) shall be applied to the
13payment of costs. If judgment is entered and any amount of such
14deposit remains after the payment of costs it shall be applied
15to payment of the judgment and transferred to the treasury of
16the municipal corporation wherein the bond was taken if the
17offense was a violation of any penal ordinance of a political
18subdivision of this State, or to the treasury of the county
19wherein the bond was taken if the offense was a violation of
20any penal statute of this State. The balance of the judgment
21may be enforced and collected in the same manner as a judgment
22entered in a civil action.
23    (h) After a judgment for a fine and court costs or either
24is entered in the prosecution of a cause in which a deposit had
25been made in accordance with paragraph (a) the balance of such
26deposit, after deduction of bail bond costs, shall be applied



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1to the payment of the judgment.
2    (i) When a court appearance is required for an alleged
3violation of the Criminal Code of 1961, the Criminal Code of
42012, the Illinois Vehicle Code, the Wildlife Code, the Fish
5and Aquatic Life Code, the Child Passenger Protection Act, or a
6comparable offense of a unit of local government as specified
7in Supreme Court Rule 551, and if the accused does not appear
8in court on the date set for appearance or any date to which
9the case may be continued and the court issues an arrest
10warrant for the accused, based upon his or her failure to
11appear when having so previously been ordered to appear by the
12court, the accused upon his or her admission to bail shall be
13assessed by the court a fee of $75. Payment of the fee shall be
14a condition of release unless otherwise ordered by the court.
15The fee shall be in addition to any bail that the accused is
16required to deposit for the offense for which the accused has
17been charged and may not be used for the payment of court costs
18or fines assessed for the offense. The clerk of the court shall
19remit $70 of the fee assessed to the arresting agency who
20brings the offender in on the arrest warrant. If the Department
21of State Police is the arresting agency, $70 of the fee
22assessed shall be remitted by the clerk of the court to the
23State Treasurer within one month after receipt for deposit into
24the State Police Operations Assistance Fund. The clerk of the
25court shall remit $5 of the fee assessed to the Circuit Court
26Clerk Operation and Administrative Fund as provided in Section



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127.3d of the Clerks of Courts Act.
2(Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12;
397-1150, eff. 1-25-13.)
4    Section 99. Effective date. This Act takes effect January
51, 2016.