Illinois General Assembly - Full Text of Public Act 099-0412
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Public Act 099-0412


 

Public Act 0412 99TH GENERAL ASSEMBLY



 


 
Public Act 099-0412
 
HB1119 EnrolledLRB099 04982 RLC 25011 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-7 as follows:
 
    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
    Sec. 110-7. Deposit of Bail Security.
    (a) The person for whom bail has been set shall execute the
bail bond and deposit with the clerk of the court before which
the proceeding is pending a sum of money equal to 10% of the
bail, but in no event shall such deposit be less than $25. The
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the
posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes authorized
by the court and if the defendant fails to comply with the
conditions of the bail bond, the court shall enter an order
declaring the bail to be forfeited. The written notice must be:
(1) distinguishable from the surrounding text; (2) in bold type
or underscored; and (3) in a type size at least 2 points larger
than the surrounding type. When a person for whom bail has been
set is charged with an offense under the Illinois Controlled
Substances Act or the Methamphetamine Control and Community
Protection Act which is a Class X felony, or making a terrorist
threat in violation of Section 29D-20 of the Criminal Code of
1961 or the Criminal Code of 2012 or an attempt to commit the
offense of making a terrorist threat, the court may require the
defendant to deposit a sum equal to 100% of the bail. Where any
person is charged with a forcible felony while free on bail and
is the subject of proceedings under Section 109-3 of this Code
the judge conducting the preliminary examination may also
conduct a hearing upon the application of the State pursuant to
the provisions of Section 110-6 of this Code to increase or
revoke the bail for that person's prior alleged offense.
    (b) Upon depositing this sum and any bond fee authorized by
law, the person shall be released from custody subject to the
conditions of the bail bond.
    (c) Once bail has been given and a charge is pending or is
thereafter filed in or transferred to a court of competent
jurisdiction the latter court shall continue the original bail
in that court subject to the provisions of Section 110-6 of
this Code.
    (d) After conviction the court may order that the original
bail stand as bail pending appeal or deny, increase or reduce
bail subject to the provisions of Section 110-6.2.
    (e) After the entry of an order by the trial court allowing
or denying bail pending appeal either party may apply to the
reviewing court having jurisdiction or to a justice thereof
sitting in vacation for an order increasing or decreasing the
amount of bail or allowing or denying bail pending appeal
subject to the provisions of Section 110-6.2.
    (f) When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return to
the accused or to the defendant's designee by an assignment
executed at the time the bail amount is deposited, unless the
court orders otherwise, 90% of the sum which had been deposited
and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by
the clerk as bail bond costs be less than $5. Notwithstanding
the foregoing, in counties with a population of 3,000,000 or
more, in no event shall the amount retained by the clerk as
bail bond costs exceed $100. Bail bond deposited by or on
behalf of a defendant in one case may be used, in the court's
discretion, to satisfy financial obligations of that same
defendant incurred in a different case due to a fine, court
costs, restitution or fees of the defendant's attorney of
record. In counties with a population of 3,000,000 or more, the
court shall not order bail bond deposited by or on behalf of a
defendant in one case to be used to satisfy financial
obligations of that same defendant in a different case until
the bail bond is first used to satisfy court costs and
attorney's fees in the case in which the bail bond has been
deposited and any other unpaid child support obligations are
satisfied. In counties with a population of less than
3,000,000, the court shall not order bail bond deposited by or
on behalf of a defendant in one case to be used to satisfy
financial obligations of that same defendant in a different
case until the bail bond is first used to satisfy court costs
in the case in which the bail bond has been deposited.
    At the request of the defendant the court may order such
90% of defendant's bail deposit, or whatever amount is
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
    (g) If the accused does not comply with the conditions of
the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such order
of forfeiture shall be mailed forthwith to the accused at his
last known address. If the accused does not appear and
surrender to the court having jurisdiction within 30 days from
the date of the forfeiture or within such period satisfy the
court that appearance and surrender by the accused is
impossible and without his fault the court shall enter judgment
for the State if the charge for which the bond was given was a
felony or misdemeanor, or if the charge was quasi-criminal or
traffic, judgment for the political subdivision of the State
which prosecuted the case, against the accused for the amount
of the bail and costs of the court proceedings; however, in
counties with a population of less than 3,000,000, instead of
the court entering a judgment for the full amount of the bond
the court may, in its discretion, enter judgment for the cash
deposit on the bond, less costs, retain the deposit for further
disposition or, if a cash bond was posted for failure to appear
in a matter involving enforcement of child support or
maintenance, the amount of the cash deposit on the bond, less
outstanding costs, may be awarded to the person or entity to
whom the child support or maintenance is due. The deposit made
in accordance with paragraph (a) shall be applied to the
payment of costs. If judgment is entered and any amount of such
deposit remains after the payment of costs it shall be applied
to payment of the judgment and transferred to the treasury of
the municipal corporation wherein the bond was taken if the
offense was a violation of any penal ordinance of a political
subdivision of this State, or to the treasury of the county
wherein the bond was taken if the offense was a violation of
any penal statute of this State. The balance of the judgment
may be enforced and collected in the same manner as a judgment
entered in a civil action.
    (h) After a judgment for a fine and court costs or either
is entered in the prosecution of a cause in which a deposit had
been made in accordance with paragraph (a) the balance of such
deposit, after deduction of bail bond costs, shall be applied
to the payment of the judgment.
    (i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, the Criminal Code of
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
and Aquatic Life Code, the Child Passenger Protection Act, or a
comparable offense of a unit of local government as specified
in Supreme Court Rule 551, and if the accused does not appear
in court on the date set for appearance or any date to which
the case may be continued and the court issues an arrest
warrant for the accused, based upon his or her failure to
appear when having so previously been ordered to appear by the
court, the accused upon his or her admission to bail shall be
assessed by the court a fee of $75. Payment of the fee shall be
a condition of release unless otherwise ordered by the court.
The fee shall be in addition to any bail that the accused is
required to deposit for the offense for which the accused has
been charged and may not be used for the payment of court costs
or fines assessed for the offense. The clerk of the court shall
remit $70 of the fee assessed to the arresting agency who
brings the offender in on the arrest warrant. If the Department
of State Police is the arresting agency, $70 of the fee
assessed shall be remitted by the clerk of the court to the
State Treasurer within one month after receipt for deposit into
the State Police Operations Assistance Fund. The clerk of the
court shall remit $5 of the fee assessed to the Circuit Court
Clerk Operation and Administrative Fund as provided in Section
27.3d of the Clerks of Courts Act.
(Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12;
97-1150, eff. 1-25-13.)
 
    Section 99. Effective date. This Act takes effect January
1, 2016.

Effective Date: 1/1/2016