State of Illinois
91st General Assembly
Legislation

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91_SB0176

 
                                               LRB9100341RCcd

 1        AN ACT in relation to bond fees.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Counties Code  is  amended  by  changing
 5    Section 4-5001 as follows:

 6        (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
 7        Sec.  4-5001.   Sheriffs;  counties  of  first and second
 8    class. The fees of sheriffs in  counties  of  the  first  and
 9    second class, except when increased by county ordinance under
10    this Section, shall be as follows:
11        For  serving  or  attempting  to  serve  summons  on each
12    defendant in each county, $10.
13        For serving or attempting to serve an order  or  judgment
14    granting injunctional relief in each county, $10.
15        For serving or attempting to serve each garnishee in each
16    county, $10.
17        For  serving or attempting to serve an order for replevin
18    in each county, $10.
19        For  serving  or  attempting  to  serve  an   order   for
20    attachment on each defendant in each county, $10.
21        For  serving  or attempting to serve a warrant of arrest,
22    $8, to be paid upon conviction.
23        For returning a  defendant  from  outside  the  State  of
24    Illinois,  upon  conviction, the court shall assess, as court
25    costs, the cost of returning a defendant to the jurisdiction.
26        For taking special bail, $1 in each county.
27        For serving or attempting to serve  a  subpoena  on  each
28    witness, in each county, $10.
29        For advertising property for sale, $5.
30        For returning each process, in each county, $5.
31        Mileage  for  each  mile of necessary travel to serve any
 
                            -2-                LRB9100341RCcd
 1    such process as Stated above, calculating from the  place  of
 2    holding  court to the place of residence of the defendant, or
 3    witness, 50¢ each way.
 4        For summoning each juror, $3 with 30¢ mileage each way in
 5    all counties.
 6        For serving or attempting to serve notice of judgments or
 7    levying to enforce a judgment, $3 with 50¢ mileage  each  way
 8    in all counties.
 9        For taking possession of and removing property levied on,
10    the  officer  shall be allowed to tax the actual cost of such
11    possession or removal.
12        For feeding each prisoner, such compensation to cover the
13    actual cost as may be fixed by the  county  board,  but  such
14    compensation  shall  not  be considered a part of the fees of
15    the office.
16        For attending before a court with prisoner, on  an  order
17    for habeas corpus, in each county, $10 per day.
18        For  attending  before  a  court  with  a prisoner in any
19    criminal proceeding, in each county, $10 per day.
20        For each mile of necessary travel in taking such prisoner
21    before the court as Stated above, 15¢ a mile each way.
22        For serving or attempting to serve an order  or  judgment
23    for  the  possession of real estate in an action of ejectment
24    or in any other action, or for restitution in  an  action  of
25    forcible  entry and detainer without aid, $10 and when aid is
26    necessary, the sheriff shall be allowed to  tax  in  addition
27    the  actual  costs  thereof,  and  for each mile of necessary
28    travel, 50¢ each way.
29        For executing and acknowledging a deed of  sale  of  real
30    estate, in counties of first class, $4; second class, $4.
31        For  preparing,  executing  and  acknowledging  a deed on
32    redemption from a court sale of real estate  in  counties  of
33    first class, $5; second class, $5.
34        For  making  certificates  of sale, and making and filing
 
                            -3-                LRB9100341RCcd
 1    duplicate, in counties of first class, $3; in counties of the
 2    second class, $3.
 3        For making certificate of redemption, $3.
 4        For certificate of levy and filing, $3, and the  fee  for
 5    recording  shall  be  advanced  by  the judgment creditor and
 6    charged as costs.
 7        For  taking  all  bonds  on  legal  process,  civil   and
 8    criminal,  in  counties  of first class, $1; in second class,
 9    $1.
10        For executing copies in criminal cases,  $4  and  mileage
11    for each mile of necessary travel, 20¢ each way.
12        For executing requisitions from other States, $5.
13        For  conveying  each  prisoner  from  the  prisoner's own
14    county to the jail of another county, or from another  county
15    to  the  jail  of the prisoner's county, per mile, for going,
16    only, 30¢.
17        For conveying persons to the penitentiary, reformatories,
18    Illinois State  Training  School  for  Boys,  Illinois  State
19    Training   School   for  Girls  and  Reception  Centers,  the
20    following fees, payable out of the State Treasury.  For  each
21    person  who  is  conveyed,  35¢ per mile in going only to the
22    penitentiary, reformatory, Illinois State Training School for
23    Boys, Illinois State Training School for Girls and  Reception
24    Centers, from the place of conviction.
25        The   fees  provided  for  transporting  persons  to  the
26    penitentiary, reformatories, Illinois State  Training  School
27    for  Boys,  Illinois  State  Training  School  for  Girls and
28    Reception Centers shall  be  paid  for  each  trip  so  made.
29    Mileage  as used in this Section means the shortest practical
30    route, between the place from  which  the  person  is  to  be
31    transported,  to  the  penitentiary,  reformatories, Illinois
32    State Training  School  for  Boys,  Illinois  State  Training
33    School  for Girls and Reception Centers and all fees per mile
34    shall be computed on such basis.
 
                            -4-                LRB9100341RCcd
 1        For conveying any person to or from any of the charitable
 2    institutions  of  the  State,  when  properly  committed   by
 3    competent  authority,  when  one  person is conveyed, 35¢ per
 4    mile; when two persons are conveyed at the same time, 35¢ per
 5    mile for the first person and 20¢ per  mile  for  the  second
 6    person; and 10¢ per mile for each additional person.
 7        For  conveying  a  person  from  the  penitentiary to the
 8    county jail when required by law, 35¢ per mile.
 9        For attending Supreme Court, $10 per day.
10        In addition to the above fees there shall be  allowed  to
11    the  sheriff  a fee of $600 for the sale of real estate which
12    is made by virtue of any judgment of a court, except that  in
13    the  case of a sale of unimproved real estate which sells for
14    $10,000 or less, the fee shall be $150. In addition  to  this
15    fee  and all other fees provided by this Section, there shall
16    be allowed to the  sheriff  a  fee  in  accordance  with  the
17    following  schedule  for the sale of personal estate which is
18    made by virtue of any judgment of a court:
19        For judgments up to $1,000, $75;
20        For judgments from $1,001 to $15,000, $150;
21        For judgments over $15,000, $300.
22        The foregoing  fees  allowed  by  this  Section  are  the
23    maximum  fees that may be collected from any officer, agency,
24    department or other instrumentality of the State.  The county
25    board may, however, by ordinance, increase the  fees  allowed
26    by  this  Section  and  collect those increased fees from all
27    persons  and  entities   other   than   officers,   agencies,
28    departments  and  other instrumentalities of the State if the
29    increase is justified by an  acceptable  cost  study  showing
30    that  the  fees allowed by this Section are not sufficient to
31    cover the costs of providing the service.  A statement of the
32    costs of providing each service, program and  activity  shall
33    be  prepared  by  the county board.  All supporting documents
34    shall be public records and subject to public examination and
 
                            -5-                LRB9100341RCcd
 1    audit.  All direct and indirect  costs,  as  defined  in  the
 2    United  States Office of Management and Budget Circular A-87,
 3    may be included in the determination of  the  costs  of  each
 4    service, program and activity.
 5        In  all  cases  where  the  judgment  is  settled  by the
 6    parties, replevied, stopped by injunction or paid,  or  where
 7    the  property  levied  upon is not actually sold, the sheriff
 8    shall be allowed his fee for levying  and  mileage,  together
 9    with  half  the  fee  for all money collected by him which he
10    would be entitled to if the same was made by sale to  enforce
11    the  judgment.  In no case shall the fee exceed the amount of
12    money arising from the sale.
13        The fee requirements of this  Section  do  not  apply  to
14    police  departments  or  other law enforcement agencies.  For
15    the purposes of this Section, "law enforcement agency"  means
16    an  agency  of the State or unit of local government which is
17    vested by law or ordinance with the duty to  maintain  public
18    order end to enforce criminal laws.
19    (Source: P.A. 86-962; 86-1028; 87-738.)

20        Section   10.   The Code of Criminal Procedure of 1963 is
21    amended by changing Section 110-7 as follows:

22        (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
23        Sec. 110-7.  Deposit of Bail Security.
24        (a)  The person for whom bail has been set shall  execute
25    the  bail bond and deposit with the clerk of the court before
26    which the proceeding is pending a sum of money equal  to  10%
27    of  the bail, but in no event shall such deposit be less than
28    $25.  The clerk of the court shall provide a  space  on  each
29    form for a person other than the accused who has provided the
30    money  for  the  posting  of  bail to so indicate and a space
31    signed  by  an  accused  who  has  executed  the  bail   bond
32    indicating  whether  a  person  other  than  the  accused has
 
                            -6-                LRB9100341RCcd
 1    provided the money for the posting of bail.  The  form  shall
 2    also include a written notice to such person who has provided
 3    the  defendant  with  the  money  for  the  posting  of  bail
 4    indicating that the bail may be used to pay costs, attorney's
 5    fees, fines, or other purposes authorized by the court and if
 6    the defendant fails to comply with the conditions of the bail
 7    bond, the court shall enter an order declaring the bail to be
 8    forfeited.  When  a  person  for  whom  bail  has been set is
 9    charged  with  an  offense  under  the  "Illinois  Controlled
10    Substances Act" which is a Class  X  felony,  the  court  may
11    require  the  defendant to deposit a sum equal to 100% of the
12    bail. Where any person is  charged  with  a  forcible  felony
13    while  free  on  bail and is the subject of proceedings under
14    Section  109-3  of  this  Code  the  judge   conducting   the
15    preliminary  examination  may also conduct a hearing upon the
16    application of  the  State  pursuant  to  the  provisions  of
17    Section 110-6 of this Code to increase or revoke the bail for
18    that person's prior alleged offense.
19        (b)  Upon depositing this sum and any bond fee authorized
20    by  law, the person shall be released from custody subject to
21    the conditions of the bail bond.
22        (c)  Once bail has been given and a charge is pending  or
23    is thereafter filed in or transferred to a court of competent
24    jurisdiction  the  latter  court  shall continue the original
25    bail in that court subject to the provisions of Section 110-6
26    of this Code.
27        (d)  After  conviction  the  court  may  order  that  the
28    original bail stand as bail pending appeal or deny,  increase
29    or reduce bail subject to the provisions of Section 110-6.2.
30        (e)  After  the  entry  of  an  order  by the trial court
31    allowing or denying bail  pending  appeal  either  party  may
32    apply  to  the  reviewing  court  having jurisdiction or to a
33    justice thereof sitting in vacation for an  order  increasing
34    or  decreasing the amount of bail or allowing or denying bail
 
                            -7-                LRB9100341RCcd
 1    pending appeal subject to the provisions of Section 110-6.2.
 2        (f)  When the conditions  of  the  bail  bond  have  been
 3    performed  and  the  accused  has  been  discharged  from all
 4    obligations in the cause the clerk of the court shall  return
 5    to   the  accused  or  to  the  defendant's  designee  by  an
 6    assignment executed at the time the bail amount is deposited,
 7    unless the court orders otherwise, 90% of the sum  which  had
 8    been deposited and shall retain as bail bond costs 10% of the
 9    amount  deposited.   However,  in  no  event shall the amount
10    retained by the clerk as bail bond costs  be  less  than  $5.
11    Bail  bond  deposited  by  or on behalf of a defendant in one
12    case may be used,  in  the  court's  discretion,  to  satisfy
13    financial  obligations  of  that same defendant incurred in a
14    different case due to a fine,  court  costs,  restitution  or
15    fees  of the defendant's attorney of record.  The court shall
16    not order bail bond deposited by or on behalf of a  defendant
17    in  one  case  to be used to satisfy financial obligations of
18    that same defendant in a different case until the  bail  bond
19    is first used to satisfy court costs in the case in which the
20    bail bond has been deposited.
21        At  the request of the defendant the court may order such
22    90% of  defendant's  bail  deposit,  or  whatever  amount  is
23    repayable  to  defendant  from  such  deposit,  to be paid to
24    defendant's attorney of record.
25        (g)  If the accused does not comply with  the  conditions
26    of the bail bond the court having jurisdiction shall enter an
27    order  declaring  the  bail  to be forfeited.  Notice of such
28    order of forfeiture shall be mailed forthwith to the  accused
29    at  his  last  known address.  If the accused does not appear
30    and surrender to the court having jurisdiction within 30 days
31    from the date of the forfeiture or within such period satisfy
32    the court that appearance and surrender  by  the  accused  is
33    impossible  and  without  his  fault  the  court  shall enter
34    judgment for the State if the charge for which the  bond  was
 
                            -8-                LRB9100341RCcd
 1    given  was  a  felony  or  misdemeanor,  or if the charge was
 2    quasi-criminal  or  traffic,  judgment  for   the   political
 3    subdivision  of  the State which prosecuted the case, against
 4    the accused for the amount of the bail and costs of the court
 5    proceedings; however, in counties with a population  of  less
 6    than  3,000,000, instead of the court entering a judgment for
 7    the full amount of the bond the court may, in its discretion,
 8    enter judgment for the cash deposit on the bond, less  costs,
 9    retain the deposit for further disposition or, if a cash bond
10    was  posted  for  failure  to  appear  in  a matter involving
11    enforcement of child support or maintenance,  the  amount  of
12    the  cash deposit on the bond, less outstanding costs, may be
13    awarded to the person or entity to whom the child support  or
14    maintenance  is  due.   The  deposit  made in accordance with
15    paragraph (a) shall be applied to the payment of  costs.   If
16    judgment  is  entered  and any amount of such deposit remains
17    after the payment of costs it shall be applied to payment  of
18    the judgment and transferred to the treasury of the municipal
19    corporation  wherein  the bond was taken if the offense was a
20    violation of any penal ordinance of a  political  subdivision
21    of  this  State, or to the treasury of the county wherein the
22    bond was taken if the offense was a violation  of  any  penal
23    statute  of  this  State.  The balance of the judgment may be
24    enforced and collected in  the  same  manner  as  a  judgment
25    entered in a civil action.
26        (h)  After  a  judgment  for  a  fine  and court costs or
27    either is entered in the prosecution of a cause  in  which  a
28    deposit  had  been  made in accordance with paragraph (a) the
29    balance of such deposit, after deduction of bail bond  costs,
30    shall be applied to the payment of the judgment.
31    (Source: P.A. 88-287; 89-469, eff. 1-1-97.)

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