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91_HB1935ham001
LRB9104177DJcdam
1 AMENDMENT TO HOUSE BILL 1935
2 AMENDMENT NO. . Amend House Bill 1935 as follows:
3 by replacing the title with the following:
4 "AN ACT concerning circuit clerks, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Clerks of Courts Act is amended by
9 changing Section 4 and adding Section 27.6a as follows:
10 (705 ILCS 105/4) (from Ch. 25, par. 4)
11 Sec. 4. Every clerk shall, before entering upon the
12 duties of office, give bond, with one or more sureties (or,
13 if the county is self-insured, the county through its
14 self-insurance program may provide bonding), to be approved
15 by any two of the judges of his or her court, which bond
16 shall be in such penalty, not less than the lesser of (i) 1%
17 of the total fees collected by the clerk during the previous
18 fiscal year or (ii) $1,000,000 $5,000, as may be agreed by
19 such judges, payable to the People of the State of Illinois,
20 and conditioned for the faithful performance of the duties of
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1 office, and to pay over all moneys that may come into his or
2 her possession or custody by virtue of office, to the parties
3 entitled thereto, and to deliver up all moneys, papers,
4 books, records, and other things appertaining to the office,
5 whole, safe and undefaced, when lawfully required so to do.
6 The bond shall be filed in the office of the Secretary of
7 State. The clerk shall also, before entering upon the duties
8 of his office, take and subscribe the following oath or
9 affirmation:
10 I do solemnly swear (or affirm, as the case may be) that
11 I will support the constitution of the United States and the
12 constitution of the State of Illinois, and that I will
13 faithfully discharge the duties of the office of clerk of
14 ...., according to the best of my ability.
15 The oath shall be filed in the office of the Secretary of
16 State.
17 (Source: P.A. 88-387.)
18 (705 ILCS 105/27.6a new)
19 Sec. 27.6a. Criminal Justice Information Network Fund.
20 The clerk shall remit monthly to the county treasurer all
21 amounts retained by the clerk under subsection (f) of Section
22 110-7 of the Code of Criminal Procedure of 1963. The county
23 treasurer shall retain those amounts in a special fund
24 designated as the Criminal Justice Information Network Fund.
25 The county auditor shall audit the fund. The county board
26 shall make expenditures from the fund to pay the costs of
27 developing and implementing an integrated criminal justice
28 information network. The county board shall develop and
29 implement the network in cooperation with the Illinois
30 Criminal Justice Information Authority and the Department of
31 State Police.
32 Section 10. The Code of Criminal Procedure of 1963 is
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1 amended by changing Section 110-7 as follows:
2 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
3 Sec. 110-7. Deposit of Bail Security.
4 (a) The person for whom bail has been set shall execute
5 the bail bond and deposit with the clerk of the court before
6 which the proceeding is pending a sum of money equal to 10%
7 of the bail, but in no event shall such deposit be less than
8 $25. The clerk of the court shall provide a space on each
9 form for a person other than the accused who has provided the
10 money for the posting of bail to so indicate and a space
11 signed by an accused who has executed the bail bond
12 indicating whether a person other than the accused has
13 provided the money for the posting of bail. The form shall
14 also include a written notice to such person who has provided
15 the defendant with the money for the posting of bail
16 indicating that the bail may be used to pay costs, attorney's
17 fees, fines, or other purposes authorized by the court and if
18 the defendant fails to comply with the conditions of the bail
19 bond, the court shall enter an order declaring the bail to be
20 forfeited. When a person for whom bail has been set is
21 charged with an offense under the "Illinois Controlled
22 Substances Act" which is a Class X felony, the court may
23 require the defendant to deposit a sum equal to 100% of the
24 bail. Where any person is charged with a forcible felony
25 while free on bail and is the subject of proceedings under
26 Section 109-3 of this Code the judge conducting the
27 preliminary examination may also conduct a hearing upon the
28 application of the State pursuant to the provisions of
29 Section 110-6 of this Code to increase or revoke the bail for
30 that person's prior alleged offense.
31 (b) Upon depositing this sum the person shall be
32 released from custody subject to the conditions of the bail
33 bond.
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1 (c) Once bail has been given and a charge is pending or
2 is thereafter filed in or transferred to a court of competent
3 jurisdiction the latter court shall continue the original
4 bail in that court subject to the provisions of Section 110-6
5 of this Code.
6 (d) After conviction the court may order that the
7 original bail stand as bail pending appeal or deny, increase
8 or reduce bail subject to the provisions of Section 110-6.2.
9 (e) After the entry of an order by the trial court
10 allowing or denying bail pending appeal either party may
11 apply to the reviewing court having jurisdiction or to a
12 justice thereof sitting in vacation for an order increasing
13 or decreasing the amount of bail or allowing or denying bail
14 pending appeal subject to the provisions of Section 110-6.2.
15 (f) When the conditions of the bail bond have been
16 performed and the accused has been discharged from all
17 obligations in the cause the clerk of the court shall return
18 to the accused or to the defendant's designee by an
19 assignment executed at the time the bail amount is deposited,
20 unless the court orders otherwise, 90% of the sum which had
21 been deposited and shall retain as bail bond costs 10% of the
22 amount deposited. However, in no event shall the amount
23 retained by the clerk as bail bond costs be less than $5.
24 Bail bond deposited by or on behalf of a defendant in one
25 case may be used, in the court's discretion, to satisfy
26 financial obligations of that same defendant incurred in a
27 different case due to a fine, court costs, restitution or
28 fees of the defendant's attorney of record. The court shall
29 not order bail bond deposited by or on behalf of a defendant
30 in one case to be used to satisfy financial obligations of
31 that same defendant in a different case until the bail bond
32 is first used to satisfy court costs in the case in which the
33 bail bond has been deposited.
34 The court may not waive the clerk's retention of 10% of
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1 the amount deposited as bail and may not return to the
2 accused or to the defendant's designee more than 90% of the
3 amount deposited as bail. The clerk shall remit monthly to
4 the county treasurer all amounts retained by the clerk under
5 this subsection (f). The county treasurer shall retain those
6 amounts in a special fund designated as the Criminal Justice
7 Information Network Fund as provided in Section 27.6a of the
8 Clerks of Courts Act.
9 At the request of the defendant the court may order such
10 90% of defendant's bail deposit, or whatever amount is
11 repayable to defendant from such deposit, to be paid to
12 defendant's attorney of record.
13 (g) If the accused does not comply with the conditions
14 of the bail bond the court having jurisdiction shall enter an
15 order declaring the bail to be forfeited. Notice of such
16 order of forfeiture shall be mailed forthwith to the accused
17 at his last known address. If the accused does not appear
18 and surrender to the court having jurisdiction within 30 days
19 from the date of the forfeiture or within such period satisfy
20 the court that appearance and surrender by the accused is
21 impossible and without his fault the court shall enter
22 judgment for the State if the charge for which the bond was
23 given was a felony or misdemeanor, or if the charge was
24 quasi-criminal or traffic, judgment for the political
25 subdivision of the State which prosecuted the case, against
26 the accused for the amount of the bail and costs of the court
27 proceedings; however, in counties with a population of less
28 than 3,000,000, instead of the court entering a judgment for
29 the full amount of the bond the court may, in its discretion,
30 enter judgment for the cash deposit on the bond, less costs,
31 retain the deposit for further disposition or, if a cash bond
32 was posted for failure to appear in a matter involving
33 enforcement of child support or maintenance, the amount of
34 the cash deposit on the bond, less outstanding costs, may be
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1 awarded to the person or entity to whom the child support or
2 maintenance is due. The deposit made in accordance with
3 paragraph (a) shall be applied to the payment of costs. If
4 judgment is entered and any amount of such deposit remains
5 after the payment of costs it shall be applied to payment of
6 the judgment and transferred to the treasury of the municipal
7 corporation wherein the bond was taken if the offense was a
8 violation of any penal ordinance of a political subdivision
9 of this State, or to the treasury of the county wherein the
10 bond was taken if the offense was a violation of any penal
11 statute of this State. The balance of the judgment may be
12 enforced and collected in the same manner as a judgment
13 entered in a civil action.
14 (h) After a judgment for a fine and court costs or
15 either is entered in the prosecution of a cause in which a
16 deposit had been made in accordance with paragraph (a) the
17 balance of such deposit, after deduction of bail bond costs,
18 shall be applied to the payment of the judgment.
19 (Source: P.A. 88-287; 89-469, eff. 1-1-97.)".