Illinois General Assembly - Full Text of HB1119
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Full Text of HB1119  99th General Assembly


Rep. La Shawn K. Ford

Filed: 4/14/2015





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2    AMENDMENT NO. ______. Amend House Bill 1119 by replacing
3everything after the enacting clause with the following:
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



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1posting of bail. The form shall also include a written notice
2to such person who has provided the defendant with the money
3for the posting of bail indicating that the bail may be used to
4pay costs, attorney's fees, fines, or other purposes authorized
5by the court and if the defendant fails to comply with the
6conditions of the bail bond, the court shall enter an order
7declaring the bail to be forfeited. The written notice must be:
8(1) distinguishable from the surrounding text; (2) in bold type
9or underscored; and (3) in a type size at least 2 points larger
10than the surrounding type. When a person for whom bail has been
11set is charged with an offense under the Illinois Controlled
12Substances Act or the Methamphetamine Control and Community
13Protection Act which is a Class X felony, or making a terrorist
14threat in violation of Section 29D-20 of the Criminal Code of
151961 or the Criminal Code of 2012 or an attempt to commit the
16offense of making a terrorist threat, the court may require the
17defendant to deposit a sum equal to 100% of the bail. Where any
18person is charged with a forcible felony while free on bail and
19is the subject of proceedings under Section 109-3 of this Code
20the judge conducting the preliminary examination may also
21conduct a hearing upon the application of the State pursuant to
22the provisions of Section 110-6 of this Code to increase or
23revoke the bail for that person's prior alleged offense.
24    (b) Upon depositing this sum and any bond fee authorized by
25law, the person shall be released from custody subject to the
26conditions of the bail bond.



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1    (c) Once bail has been given and a charge is pending or is
2thereafter filed in or transferred to a court of competent
3jurisdiction the latter court shall continue the original bail
4in that court subject to the provisions of Section 110-6 of
5this Code.
6    (d) After conviction the court may order that the original
7bail stand as bail pending appeal or deny, increase or reduce
8bail subject to the provisions of Section 110-6.2.
9    (e) After the entry of an order by the trial court allowing
10or denying bail pending appeal either party may apply to the
11reviewing court having jurisdiction or to a justice thereof
12sitting in vacation for an order increasing or decreasing the
13amount of bail or allowing or denying bail pending appeal
14subject to the provisions of Section 110-6.2.
15    (f) When the conditions of the bail bond have been
16performed and the accused has been discharged from all
17obligations in the cause the clerk of the court shall return to
18the accused or to the defendant's designee by an assignment
19executed at the time the bail amount is deposited, unless the
20court orders otherwise, 90% of the sum which had been deposited
21and shall retain as bail bond costs 10% of the amount
22deposited. However, in no event shall the amount retained by
23the clerk as bail bond costs be less than $5. Notwithstanding
24the foregoing, in counties with a population of 3,000,000 or
25more, in no event shall the amount retained by the clerk as
26bail bond costs exceed $100. Bail bond deposited by or on



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1behalf of a defendant in one case may be used, in the court's
2discretion, to satisfy financial obligations of that same
3defendant incurred in a different case due to a fine, court
4costs, restitution or fees of the defendant's attorney of
5record. In counties with a population of 3,000,000 or more, the
6court shall not order bail bond deposited by or on behalf of a
7defendant in one case to be used to satisfy financial
8obligations of that same defendant in a different case until
9the bail bond is first used to satisfy court costs and
10attorney's fees in the case in which the bail bond has been
11deposited and any other unpaid child support obligations are
12satisfied. In counties with a population of less than
133,000,000, the court shall not order bail bond deposited by or
14on behalf of a defendant in one case to be used to satisfy
15financial obligations of that same defendant in a different
16case until the bail bond is first used to satisfy court costs
17in the case in which the bail bond has been deposited.
18    At the request of the defendant the court may order such
1990% of defendant's bail deposit, or whatever amount is
20repayable to defendant from such deposit, to be paid to
21defendant's attorney of record.
22    (g) If the accused does not comply with the conditions of
23the bail bond the court having jurisdiction shall enter an
24order declaring the bail to be forfeited. Notice of such order
25of forfeiture shall be mailed forthwith to the accused at his
26last known address. If the accused does not appear and



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1surrender to the court having jurisdiction within 30 days from
2the date of the forfeiture or within such period satisfy the
3court that appearance and surrender by the accused is
4impossible and without his fault the court shall enter judgment
5for the State if the charge for which the bond was given was a
6felony or misdemeanor, or if the charge was quasi-criminal or
7traffic, judgment for the political subdivision of the State
8which prosecuted the case, against the accused for the amount
9of the bail and costs of the court proceedings; however, in
10counties with a population of less than 3,000,000, instead of
11the court entering a judgment for the full amount of the bond
12the court may, in its discretion, enter judgment for the cash
13deposit on the bond, less costs, retain the deposit for further
14disposition or, if a cash bond was posted for failure to appear
15in a matter involving enforcement of child support or
16maintenance, the amount of the cash deposit on the bond, less
17outstanding costs, may be awarded to the person or entity to
18whom the child support or maintenance is due. The deposit made
19in accordance with paragraph (a) shall be applied to the
20payment of costs. If judgment is entered and any amount of such
21deposit remains after the payment of costs it shall be applied
22to payment of the judgment and transferred to the treasury of
23the municipal corporation wherein the bond was taken if the
24offense was a violation of any penal ordinance of a political
25subdivision of this State, or to the treasury of the county
26wherein the bond was taken if the offense was a violation of



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1any penal statute of this State. The balance of the judgment
2may be enforced and collected in the same manner as a judgment
3entered in a civil action.
4    (h) After a judgment for a fine and court costs or either
5is entered in the prosecution of a cause in which a deposit had
6been made in accordance with paragraph (a) the balance of such
7deposit, after deduction of bail bond costs, shall be applied
8to the payment of the judgment.
9    (i) When a court appearance is required for an alleged
10violation of the Criminal Code of 1961, the Criminal Code of
112012, the Illinois Vehicle Code, the Wildlife Code, the Fish
12and Aquatic Life Code, the Child Passenger Protection Act, or a
13comparable offense of a unit of local government as specified
14in Supreme Court Rule 551, and if the accused does not appear
15in court on the date set for appearance or any date to which
16the case may be continued and the court issues an arrest
17warrant for the accused, based upon his or her failure to
18appear when having so previously been ordered to appear by the
19court, the accused upon his or her admission to bail shall be
20assessed by the court a fee of $75. Payment of the fee shall be
21a condition of release unless otherwise ordered by the court.
22The fee shall be in addition to any bail that the accused is
23required to deposit for the offense for which the accused has
24been charged and may not be used for the payment of court costs
25or fines assessed for the offense. The clerk of the court shall
26remit $70 of the fee assessed to the arresting agency who



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1brings the offender in on the arrest warrant. If the Department
2of State Police is the arresting agency, $70 of the fee
3assessed shall be remitted by the clerk of the court to the
4State Treasurer within one month after receipt for deposit into
5the State Police Operations Assistance Fund. The clerk of the
6court shall remit $5 of the fee assessed to the Circuit Court
7Clerk Operation and Administrative Fund as provided in Section
827.3d of the Clerks of Courts Act.
9(Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12;
1097-1150, eff. 1-25-13.)
11    Section 99. Effective date. This Act takes effect January
121, 2016.".