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| Public Act 097-0175 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 110-7 as follows:
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(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
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Sec. 110-7. Deposit of Bail Security.
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(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
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person other than the accused who has provided the money for | ||||
the posting of
bail to so indicate and a space signed by an
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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
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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
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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 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
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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.
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(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.
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(c) Once bail has been given and a charge is pending or
is | ||
thereafter filed in or transferred to a court of competent
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jurisdiction the latter court shall continue the original bail
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in that court subject to the provisions of Section 110-6 of | ||
this Code.
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(d) After conviction the court may order that the original
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bail stand as bail pending appeal or deny, increase or reduce | ||
bail
subject to the provisions of Section 110-6.2.
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(e) After the entry of an order by the trial court allowing
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or denying bail pending appeal either party may apply to the
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reviewing court having jurisdiction or to a justice thereof
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sitting in vacation for an order increasing or decreasing the
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amount of bail or allowing or denying bail pending appeal | ||
subject to the
provisions of Section 110-6.2.
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(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
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deposited. However, in no event shall the amount retained by | ||
the
clerk as bail bond costs be less than $5. 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
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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
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different case until the bail bond is first used to satisfy | ||
court costs
in
the case in which the bail bond has been | ||
deposited.
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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.
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(g) If the accused does not comply with the conditions of
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the bail bond the court having jurisdiction shall enter an
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order declaring the bail to be forfeited. Notice of such order
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of forfeiture shall be mailed forthwith to the accused at his
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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
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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
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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
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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.
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(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
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been made in accordance with paragraph (a) the balance of such
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deposit, after deduction of bail bond costs, shall be applied
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to the payment of the judgment.
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(i) When a court appearance is required for an alleged | ||
violation of the Criminal Code of 1961, 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.
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(Source: P.A. 95-952, eff. 8-29-08; 96-1431, eff. 1-1-11.)
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