Illinois General Assembly - Full Text of HB3561
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Full Text of HB3561  102nd General Assembly

HB3561 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3561

 

Introduced 2/22/2021, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-7  from Ch. 38, par. 110-7

    Amends the Code of Criminal Procedure of 1963. Provides that if the defendant is acquitted, the court shall order 100% of the defendant's bail deposit returned to the defendant or to the defendant's designee by an assignment executed at the time the bail amount is deposited. Deletes provision that in no event shall the amount retained by the clerk of the court as bail bond costs be less than $5 and deletes in counties with a population of 3,000,000 or more in no event shall the amount retained by the clerk of the court as bail bond costs exceed $100.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
21authorized by the court and if the defendant fails to comply
22with the conditions of the bail bond, the court shall enter an
23order declaring the bail to be forfeited. The written notice

 

 

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1must be: (1) distinguishable from the surrounding text; (2) in
2bold type or underscored; and (3) in a type size at least 2
3points larger than the surrounding type. When a person for
4whom bail has been set is charged with an offense under the
5Illinois Controlled Substances Act or the Methamphetamine
6Control and Community Protection Act which is a Class X
7felony, or making a terrorist threat in violation of Section
829D-20 of the Criminal Code of 1961 or the Criminal Code of
92012 or an attempt to commit the offense of making a terrorist
10threat, the court may require the defendant to deposit a sum
11equal to 100% of the bail. Where any person is charged with a
12forcible felony while free on bail and is the subject of
13proceedings under Section 109-3 of this Code the judge
14conducting the preliminary examination may also conduct a
15hearing upon the application of the State pursuant to the
16provisions of Section 110-6 of this Code to increase or revoke
17the bail for that person's prior alleged offense.
18    (b) Upon depositing this sum and any bond fee authorized
19by law, the person shall be released from custody subject to
20the conditions of the bail bond.
21    (c) Once bail has been given and a charge is pending or is
22thereafter filed in or transferred to a court of competent
23jurisdiction the latter court shall continue the original bail
24in that court subject to the provisions of Section 110-6 of
25this Code.
26    (d) After conviction the court may order that the original

 

 

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1bail stand as bail pending appeal or deny, increase or reduce
2bail subject to the provisions of Section 110-6.2.
3    (e) After the entry of an order by the trial court allowing
4or denying bail pending appeal either party may apply to the
5reviewing court having jurisdiction or to a justice thereof
6sitting in vacation for an order increasing or decreasing the
7amount of bail or allowing or denying bail pending appeal
8subject to the provisions of Section 110-6.2.
9    (f)(1) This paragraph (1) applies in cases other than the
10acquittal of the defendant. When the conditions of the bail
11bond have been performed and the accused has been discharged
12from all obligations in the cause the clerk of the court shall
13return to the accused or to the defendant's designee by an
14assignment executed at the time the bail amount is deposited,
15unless the court orders otherwise, 90% of the sum which had
16been deposited and shall retain as bail bond costs 10% of the
17amount deposited. However, in no event shall the amount
18retained by the clerk as bail bond costs be less than $5.
19Notwithstanding the foregoing, in counties with a population
20of 3,000,000 or more, in no event shall the amount retained by
21the clerk as bail bond costs exceed $100. Bail bond deposited
22by or on behalf of a defendant in one case may be used, in the
23court's discretion, to satisfy financial obligations of that
24same defendant incurred in a different case due to a fine,
25court costs, restitution or fees of the defendant's attorney
26of record. In counties with a population of 3,000,000 or more,

 

 

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1the court shall not order bail bond deposited by or on behalf
2of a defendant in one case to be used to satisfy financial
3obligations of that same defendant in a different case until
4the bail bond is first used to satisfy court costs and
5attorney's fees in the case in which the bail bond has been
6deposited and any other unpaid child support obligations are
7satisfied. In counties with a population of less than
83,000,000, the court shall not order bail bond deposited by or
9on behalf of a defendant in one case to be used to satisfy
10financial obligations of that same defendant in a different
11case until the bail bond is first used to satisfy court costs
12in the case in which the bail bond has been deposited. At the
13request of the defendant the court may order such 90% of
14defendant's bail deposit, or whatever amount is repayable to
15defendant from such deposit, to be paid to defendant's
16attorney of record.
17    (2) This paragraph (2) applies in cases of the acquittal
18of the defendant. If the defendant is acquitted, the court
19shall order 100% of the defendant's bail deposit returned to
20the defendant or to the defendant's designee by an assignment
21executed at the time the bail amount is deposited.
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
5judgment for the State if the charge for which the bond was
6given was a felony or misdemeanor, or if the charge was
7quasi-criminal or traffic, judgment for the political
8subdivision of the State which prosecuted the case, against
9the accused for the amount of the bail and costs of the court
10proceedings; however, in counties with a population of less
11than 3,000,000, instead of the court entering a judgment for
12the full amount of the bond the court may, in its discretion,
13enter judgment for the cash deposit on the bond, less costs,
14retain the deposit for further disposition or, if a cash bond
15was posted for failure to appear in a matter involving
16enforcement of child support or maintenance, the amount of the
17cash deposit on the bond, less outstanding costs, may be
18awarded to the person or entity to whom the child support or
19maintenance is due. The deposit made in accordance with
20paragraph (a) shall be applied to the payment of costs. If
21judgment is entered and any amount of such deposit remains
22after the payment of costs it shall be applied to payment of
23the judgment and transferred to the treasury of the municipal
24corporation wherein the bond was taken if the offense was a
25violation of any penal ordinance of a political subdivision of
26this State, or to the treasury of the county wherein the bond

 

 

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1was taken if the offense was a violation of any penal statute
2of this State. The balance of the judgment may be enforced and
3collected in the same manner as a judgment entered in a civil
4action.
5    (h) After a judgment for a fine and court costs or either
6is entered in the prosecution of a cause in which a deposit had
7been made in accordance with paragraph (a) the balance of such
8deposit, after deduction of bail bond costs, shall be applied
9to the payment of the judgment.
10    (i) When a court appearance is required for an alleged
11violation of the Criminal Code of 1961, the Criminal Code of
122012, the Illinois Vehicle Code, the Wildlife Code, the Fish
13and Aquatic Life Code, the Child Passenger Protection Act, or
14a comparable offense of a unit of local government as
15specified in Supreme Court Rule 551, and if the accused does
16not appear in court on the date set for appearance or any date
17to which the case may be continued and the court issues an
18arrest warrant for the accused, based upon his or her failure
19to appear when having so previously been ordered to appear by
20the court, the accused upon his or her admission to bail shall
21be assessed by the court a fee of $75. Payment of the fee shall
22be a condition of release unless otherwise ordered by the
23court. The fee shall be in addition to any bail that the
24accused is required to deposit for the offense for which the
25accused has been charged and may not be used for the payment of
26court costs or fines assessed for the offense. The clerk of the

 

 

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1court shall remit $70 of the fee assessed to the arresting
2agency who brings the offender in on the arrest warrant. If the
3Department of State Police is the arresting agency, $70 of the
4fee assessed shall be remitted by the clerk of the court to the
5State Treasurer within one month after receipt for deposit
6into the State Police Operations Assistance Fund. The clerk of
7the court shall remit $5 of the fee assessed to the Circuit
8Court Clerk Operation and Administrative Fund as provided in
9Section 27.3d of the Clerks of Courts Act.
10(Source: P.A. 99-412, eff. 1-1-16.)