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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 110-7 as follows:
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| 6 | | (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
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| 7 | | Sec. 110-7. Deposit of bail security.
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| 8 | | (a) The person for whom bail has been set shall execute the |
| 9 | | bail bond and
deposit with the clerk of the court before which |
| 10 | | the proceeding is pending a
sum of money equal to 10% of the |
| 11 | | bail, but in no event shall such deposit be
less than $25. The |
| 12 | | clerk of the court shall provide a space on each form for a
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| 13 | | person other than the accused who has provided the money for |
| 14 | | the posting of
bail to so indicate and a space signed by an
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| 15 | | accused who has executed the bail bond indicating whether a |
| 16 | | person other
than the accused has provided the money for the |
| 17 | | posting of bail. The form
shall also include a written notice |
| 18 | | to such person who has provided
the defendant with the money |
| 19 | | for the posting of bail indicating that the bail
may be used to |
| 20 | | pay costs, attorney's fees, fines, or other purposes |
| 21 | | authorized
by the court and if the
defendant fails to comply |
| 22 | | with the conditions of the bail bond, the court
shall enter an |
| 23 | | order declaring the bail to be forfeited. The written notice
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| 1 | | must be: (1) distinguishable from the surrounding text; (2) in |
| 2 | | bold type or
underscored; and (3) in a type size at least 2 |
| 3 | | points larger than the
surrounding type. When a person for |
| 4 | | whom
bail has been set is charged with an offense under the |
| 5 | | Illinois Controlled
Substances Act or the Methamphetamine |
| 6 | | Control and Community Protection Act which is a Class X |
| 7 | | felony, or making a terrorist threat in violation of
Section |
| 8 | | 29D-20 of the Criminal Code of 1961 or the Criminal Code of |
| 9 | | 2012 or an attempt to commit the offense of making a terrorist |
| 10 | | threat, the court may require the
defendant to deposit a sum |
| 11 | | equal to 100% of the bail.
Where any person is charged with a |
| 12 | | forcible felony while free on bail and
is the subject of |
| 13 | | proceedings under Section 109-3 of this Code the judge
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| 14 | | conducting the preliminary examination may also conduct a |
| 15 | | hearing upon the
application of the State pursuant to the |
| 16 | | provisions of Section 110-6 of this
Code to increase or revoke |
| 17 | | the bail for that person's prior alleged offense.
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| 18 | | (b) Upon depositing this sum and any bond fee authorized |
| 19 | | by law, the person
shall be released
from custody subject to |
| 20 | | the conditions of the bail bond.
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| 21 | | (c) Once bail has been given and a charge is pending or
is |
| 22 | | thereafter filed in or transferred to a court of competent
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| 23 | | jurisdiction the latter court shall continue the original bail
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| 24 | | in that court subject to the provisions of Section 110-6 of |
| 25 | | this Code.
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| 26 | | (d) After conviction the court may order that the original
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| 1 | | bail stand as bail pending appeal or deny, increase or reduce |
| 2 | | bail
subject to the provisions of Section 110-6.2.
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| 3 | | (e) After the entry of an order by the trial court allowing
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| 4 | | or denying bail pending appeal either party may apply to the
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| 5 | | reviewing court having jurisdiction or to a justice thereof
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| 6 | | sitting in vacation for an order increasing or decreasing the
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| 7 | | amount of bail or allowing or denying bail pending appeal |
| 8 | | subject to the
provisions of Section 110-6.2.
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| 9 | | (f)(1) This paragraph (1) applies in cases other than the |
| 10 | | acquittal of the defendant. When the conditions of the bail |
| 11 | | bond have been performed
and the accused has been discharged |
| 12 | | from all obligations in the
cause the clerk of the court shall |
| 13 | | return to the accused or to the
defendant's designee by an |
| 14 | | assignment executed at the time the bail amount
is deposited, |
| 15 | | unless
the court orders otherwise, 90% of the sum which had |
| 16 | | been
deposited and shall retain as bail bond costs 10% of the |
| 17 | | amount
deposited. However, in no event shall the amount |
| 18 | | retained by the
clerk as bail bond costs be less than $5. |
| 19 | | Notwithstanding the foregoing, in counties with a population |
| 20 | | of 3,000,000 or more, in no event shall the amount retained by |
| 21 | | the clerk as bail bond costs exceed $100. Bail bond deposited |
| 22 | | by or on
behalf of a defendant in one case may be used, in the |
| 23 | | court's discretion,
to satisfy financial obligations of that |
| 24 | | same defendant incurred in a
different case due to a fine, |
| 25 | | court costs,
restitution or fees of the defendant's attorney |
| 26 | | of record. In counties with
a population of 3,000,000 or more, |
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| 1 | | the court shall
not order bail bond deposited by or on behalf |
| 2 | | of a defendant in one case to
be used to satisfy financial |
| 3 | | obligations of that same defendant in a
different case until |
| 4 | | the bail bond is first used to satisfy court costs and
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| 5 | | attorney's fees in
the case in which the bail bond has been |
| 6 | | deposited and any other unpaid child
support obligations are |
| 7 | | satisfied. In counties with a population of less than |
| 8 | | 3,000,000, the court shall
not order bail bond deposited by or |
| 9 | | on behalf of a defendant in one case to
be used to satisfy |
| 10 | | financial obligations of that same defendant in a
different |
| 11 | | case until the bail bond is first used to satisfy court costs
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| 12 | | in
the case in which the bail bond has been deposited. At the |
| 13 | | request of the defendant the court may order such 90% of
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| 14 | | defendant's bail deposit, or whatever amount is repayable to |
| 15 | | defendant
from such deposit, to be paid to defendant's |
| 16 | | attorney of record.
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| 17 | | (2) This paragraph (2) applies in cases of the acquittal |
| 18 | | of the defendant. If the defendant is acquitted, the court |
| 19 | | shall order 100% of the defendant's bail deposit returned to |
| 20 | | the defendant or to the defendant's designee by an assignment |
| 21 | | executed at the time the bail amount is deposited. |
| 22 | | (g) If the accused does not comply with the conditions of
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| 23 | | the bail bond the court having jurisdiction shall enter an
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| 24 | | order declaring the bail to be forfeited. Notice of such order
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| 25 | | of forfeiture shall be mailed forthwith to the accused at his
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| 26 | | last known address. If the accused does not appear and |
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| 1 | | surrender
to the court having jurisdiction within 30 days from |
| 2 | | the date of
the forfeiture or within such period satisfy the |
| 3 | | court
that appearance and surrender by the accused is |
| 4 | | impossible
and without his fault the court shall enter |
| 5 | | judgment for the State if the
charge for which the bond was |
| 6 | | given was a felony
or misdemeanor, or if the charge was |
| 7 | | quasi-criminal or traffic,
judgment for the political |
| 8 | | subdivision of the State which
prosecuted the case, against |
| 9 | | the accused for the amount of
the bail and costs of the court |
| 10 | | proceedings; however,
in counties with a population of less |
| 11 | | than 3,000,000, instead of the court
entering a judgment for |
| 12 | | the full amount
of the bond the court may, in its discretion, |
| 13 | | enter judgment for the cash
deposit on the bond, less costs, |
| 14 | | retain the deposit for further disposition or,
if a cash bond |
| 15 | | was posted for failure to appear in a matter involving
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| 16 | | enforcement of child support or maintenance, the amount of the |
| 17 | | cash deposit on
the bond, less outstanding costs, may be |
| 18 | | awarded to the person or entity to
whom the child support or |
| 19 | | maintenance is due. The deposit
made in accordance with |
| 20 | | paragraph (a) shall be applied to
the payment of costs. If |
| 21 | | judgment is entered and any amount of such
deposit remains
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| 22 | | after the payment of costs it shall be applied to payment of
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| 23 | | the judgment and transferred to the treasury of the municipal
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| 24 | | corporation wherein the bond was taken if the offense was a
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| 25 | | violation of any penal ordinance of a political subdivision
of |
| 26 | | this State, or to the treasury of the county wherein the
bond |
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| 1 | | was taken if the offense was a violation of any penal
statute |
| 2 | | of this State. The balance of the judgment may be
enforced and |
| 3 | | collected in the same manner as a judgment entered
in a civil |
| 4 | | action.
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| 5 | | (h) After a judgment for a fine and court costs or either |
| 6 | | is
entered in the prosecution of a cause in which a deposit had
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| 7 | | been made in accordance with paragraph (a) the balance of such
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| 8 | | deposit, after deduction of bail bond costs, shall be applied
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| 9 | | to the payment of the judgment.
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| 10 | | (i) When a court appearance is required for an alleged |
| 11 | | violation of the Criminal Code of 1961, the Criminal Code of |
| 12 | | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish |
| 13 | | and Aquatic Life Code, the Child Passenger Protection Act, or |
| 14 | | a comparable offense of a unit of local government as |
| 15 | | specified in Supreme Court Rule 551, and if the accused does |
| 16 | | not appear in court on the date set for appearance or any date |
| 17 | | to which the case may be continued and the court issues an |
| 18 | | arrest warrant for the accused, based upon his or her failure |
| 19 | | to appear when having so previously been ordered to appear by |
| 20 | | the court, the accused upon his or her admission to bail shall |
| 21 | | be assessed by the court a fee of $75. Payment of the fee shall |
| 22 | | be a condition of release unless otherwise ordered by the |
| 23 | | court. The fee shall be in addition to any bail that the |
| 24 | | accused is required to deposit for the offense for which the |
| 25 | | accused has been charged and may not be used for the payment of |
| 26 | | court costs or fines assessed for the offense. The clerk of the |
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| 1 | | court shall remit $70 of the fee assessed to the arresting |
| 2 | | agency who brings the offender in on the arrest warrant. If the |
| 3 | | Department of State Police is the arresting agency, $70 of the |
| 4 | | fee assessed shall be remitted by the clerk of the court to the |
| 5 | | State Treasurer within one month after receipt for deposit |
| 6 | | into the State Police Operations Assistance Fund. The clerk of |
| 7 | | the court shall remit $5 of the fee assessed to the Circuit |
| 8 | | Court Clerk Operation and Administrative Fund as provided in |
| 9 | | Section 27.3d of the Clerks of Courts Act.
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| 10 | | (Source: P.A. 99-412, eff. 1-1-16.)
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