Illinois General Assembly - Full Text of SB1304
Illinois General Assembly

Previous General Assemblies

Full Text of SB1304  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/18/2015, by Sen. Ira I. Silverstein


725 ILCS 5/124A-15

    Amends the Code of Criminal Procedure of 1963. In provision regarding refund of costs, fines, or fees upon reversal of conviction on a finding of actual innocence, the refund shall be determined by the judge and paid by the clerk of the court based upon the availability of funds in the subject fund account.

LRB099 07058 MRW 27141 b






SB1304LRB099 07058 MRW 27141 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 124A-15 as follows:
6    (725 ILCS 5/124A-15)
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, a
16refund of those costs shall be determined by the judge and paid
17by the clerk of the court, the timing of the refund payment
18shall be determined by the clerk of the court based upon the
19availability of funds in the subject fund account the clerk or
20judge shall give him or her a certificate of the payment of
21those costs, fine, or fees with the items of those expenses,
22which, when audited and approved according to law, shall be
23refunded to the defendant.



SB1304- 2 -LRB099 07058 MRW 27141 b

1    (b) To receive a refund under this Section, a defendant
2must submit a request for the refund to the clerk of the court
3on a form and in a manner prescribed by the clerk. The
4defendant must attach to the form an order from the court
5demonstrating the defendant's right to the refund and the
6amount of the refund.
7(Source: P.A. 98-943, eff. 1-1-15.)