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92_HB2224 LRB9205274DJgc 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 110-7 and adding Section 110-19 6 as follows: 7 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7) 8 Sec. 110-7. Deposit of Bail Security. 9 (a) The person for whom bail has been set shall execute 10 the bail bond and deposit with the clerk of the court before 11 which the proceeding is pending a sum of money equal to 10% 12 of the bail, but in no event shall such deposit be less than 13 $25. 14 The clerk of the court shall provide a space on each form 15 for a person other than the accused who has provided the 16 money for the posting of bail to so indicate and a space 17 signed by an accused who has executed the bail bond 18 indicating whether a person other than the accused has 19 provided the money for the posting of bail. The form shall 20 also include a written notice to such person who has provided 21 the defendant with the money for the posting of bail 22 indicating that the bail may be used to pay costs, attorney's 23 fees, fines, or other purposes authorized by the court and if 24 the defendant fails to comply with the conditions of the bail 25 bond, the court shall enter an order declaring the bail to be 26 forfeited. The written notice must be: (1) distinguishable 27 from the surrounding text; (2) in bold type or underscored; 28 and (3) in a type size at least 2 points larger than the 29 surrounding type. 30 The bail bond form must also include a written notice to 31 the accused and, if applicable, to a person other than the -2- LRB9205274DJgc 1 accused who has provided the money for the posting of bail 2 stating that the sum deposited as bail is subject to a lien 3 under Section 110-19 for any unpaid child support obligation 4 owed by the accused. This notice must include a space for 5 the accused or other person's signature acknowledging that 6 all or part of the sum deposited as bail may be seized as 7 provided in Section 110-19 to satisfy an unpaid child support 8 obligation owed by the accused, rather than returned to the 9 depositor. 10 When a person for whom bail has been set is charged with 11 an offense under the "Illinois Controlled Substances Act" 12 which is a Class X felony, the court may require the 13 defendant to deposit a sum equal to 100% of the bail. Where 14 any person is charged with a forcible felony while free on 15 bail and is the subject of proceedings under Section 109-3 of 16 this Code the judge conducting the preliminary examination 17 may also conduct a hearing upon the application of the State 18 pursuant to the provisions of Section 110-6 of this Code to 19 increase or revoke the bail for that person's prior alleged 20 offense. 21 (b) Upon depositing this sum and any bond fee authorized 22 by law, the person shall be released from custody subject to 23 the conditions of the bail bond. 24 (c) Once bail has been given and a charge is pending or 25 is thereafter filed in or transferred to a court of competent 26 jurisdiction the latter court shall continue the original 27 bail in that court subject to the provisions of Section 110-6 28 of this Code. 29 (d) After conviction the court may order that the 30 original bail stand as bail pending appeal or deny, increase 31 or reduce bail subject to the provisions of Section 110-6.2. 32 (e) After the entry of an order by the trial court 33 allowing or denying bail pending appeal either party may 34 apply to the reviewing court having jurisdiction or to a -3- LRB9205274DJgc 1 justice thereof sitting in vacation for an order increasing 2 or decreasing the amount of bail or allowing or denying bail 3 pending appeal subject to the provisions of Section 110-6.2. 4 (f) When the conditions of the bail bond have been 5 performed and the accused has been discharged from all 6 obligations in the cause the clerk of the court shall return 7 to the accused or to the defendant's designee by an 8 assignment executed at the time the bail amount is deposited, 9 unless the court orders otherwise, 90% of the sum which had 10 been deposited and shall retain as bail bond costs 10% of the 11 amount deposited. However, in no event shall the amount 12 retained by the clerk as bail bond costs be less than $5. 13 Bail bond deposited by or on behalf of a defendant in one 14 case may be used, in the court's discretion, to satisfy 15 financial obligations of that same defendant incurred in a 16 different case due to a fine, court costs, restitution or 17 fees of the defendant's attorney of record. The court shall 18 not order bail bond deposited by or on behalf of a defendant 19 in one case to be used to satisfy financial obligations of 20 that same defendant in a different case until the bail bond 21 is first used to satisfy court costs in the case in which the 22 bail bond has been deposited. 23 At the request of the defendant the court may order such 24 90% of defendant's bail deposit, or whatever amount is 25 repayable to defendant from such deposit, to be paid to 26 defendant's attorney of record. 27 (g) If the accused does not comply with the conditions 28 of the bail bond the court having jurisdiction shall enter an 29 order declaring the bail to be forfeited. Notice of such 30 order of forfeiture shall be mailed forthwith to the accused 31 at his last known address. If the accused does not appear 32 and surrender to the court having jurisdiction within 30 days 33 from the date of the forfeiture or within such period satisfy 34 the court that appearance and surrender by the accused is -4- LRB9205274DJgc 1 impossible and without his fault the court shall enter 2 judgment for the State if the charge for which the bond was 3 given was a felony or misdemeanor, or if the charge was 4 quasi-criminal or traffic, judgment for the political 5 subdivision of the State which prosecuted the case, against 6 the accused for the amount of the bail and costs of the court 7 proceedings; however, in counties with a population of less 8 than 3,000,000, instead of the court entering a judgment for 9 the full amount of the bond the court may, in its discretion, 10 enter judgment for the cash deposit on the bond, less costs, 11 retain the deposit for further disposition or, if a cash bond 12 was posted for failure to appear in a matter involving 13 enforcement of child support or maintenance, the amount of 14 the cash deposit on the bond, less outstanding costs, may be 15 awarded to the person or entity to whom the child support or 16 maintenance is due. The deposit made in accordance with 17 paragraph (a) shall be applied to the payment of costs. If 18 judgment is entered and any amount of such deposit remains 19 after the payment of costs it shall be applied to payment of 20 the judgment and transferred to the treasury of the municipal 21 corporation wherein the bond was taken if the offense was a 22 violation of any penal ordinance of a political subdivision 23 of this State, or to the treasury of the county wherein the 24 bond was taken if the offense was a violation of any penal 25 statute of this State. The balance of the judgment may be 26 enforced and collected in the same manner as a judgment 27 entered in a civil action. 28 (h) After a judgment for a fine and court costs or 29 either is entered in the prosecution of a cause in which a 30 deposit had been made in accordance with paragraph (a) the 31 balance of such deposit, after deduction of bail bond costs, 32 shall be applied to the payment of the judgment. 33 (Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00; 34 revised 10-7-99.) -5- LRB9205274DJgc 1 (725 ILCS 5/110-19 new) 2 Sec. 110-19. Lien for child support. The balance of a 3 sum deposited as bail that is not retained by the clerk of 4 the court under subsection (f) of Section 7 is subject to a 5 lien in the amount of any unpaid child support obligation 6 owed by the accused pursuant to a court or administrative 7 order for child support entered by a court or administrative 8 tribunal of competent jurisdiction. The balance is subject 9 to this lien regardless of whether the sum was deposited by 10 the accused or by another person. Before the court 11 authorizes the return of any part of a sum deposited as bail, 12 the court shall determine whether the accused owes any unpaid 13 child support obligation pursuant to a court or 14 administrative order for child support entered by a court or 15 administrative tribunal of competent jurisdiction. If the 16 court determines that there is such an unpaid obligation, the 17 court shall order that as much of the balance not retained by 18 the clerk as is necessary to satisfy the unpaid obligation be 19 withheld from the person otherwise entitled to its return and 20 instead be transmitted to the person entitled to the unpaid 21 child support obligation according to the terms of the court 22 or administrative order for child support.
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