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91_HB0238enr HB0238 Enrolled LRB9100163RCks 1 AN ACT to amend the Code of Criminal Procedure of 1963 by 2 changing Section 110-7. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Code of Criminal Procedure of 1963 is 6 amended by changing Section 110-7 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. The clerk of the court shall provide a space on each 14 form for a person other than the accused who has provided the 15 money for the posting of bail to so indicate and a space 16 signed by an accused who has executed the bail bond 17 indicating whether a person other than the accused has 18 provided the money for the posting of bail. The form shall 19 also include a written notice to such person who has provided 20 the defendant with the money for the posting of bail 21 indicating that the bail may be used to pay costs, attorney's 22 fees, fines, or other purposes authorized by the court and if 23 the defendant fails to comply with the conditions of the bail 24 bond, the court shall enter an order declaring the bail to be 25 forfeited. The written notice must be: (1) distinguishable 26 from the surrounding text; (2) in bold type or underscored; 27 and (3) in a type size at least 2 points larger than the 28 surrounding type. When a person for whom bail has been set 29 is charged with an offense under the "Illinois Controlled 30 Substances Act" which is a Class X felony, the court may 31 require the defendant to deposit a sum equal to 100% of the HB0238 Enrolled -2- LRB9100163RCks 1 bail. Where any person is charged with a forcible felony 2 while free on bail and is the subject of proceedings under 3 Section 109-3 of this Code the judge conducting the 4 preliminary examination may also conduct a hearing upon the 5 application of the State pursuant to the provisions of 6 Section 110-6 of this Code to increase or revoke the bail for 7 that person's prior alleged offense. 8 (b) Upon depositing this sum the person shall be 9 released from custody subject to the conditions of the bail 10 bond. 11 (c) Once bail has been given and a charge is pending or 12 is thereafter filed in or transferred to a court of competent 13 jurisdiction the latter court shall continue the original 14 bail in that court subject to the provisions of Section 110-6 15 of this Code. 16 (d) After conviction the court may order that the 17 original bail stand as bail pending appeal or deny, increase 18 or reduce bail subject to the provisions of Section 110-6.2. 19 (e) After the entry of an order by the trial court 20 allowing or denying bail pending appeal either party may 21 apply to the reviewing court having jurisdiction or to a 22 justice thereof sitting in vacation for an order increasing 23 or decreasing the amount of bail or allowing or denying bail 24 pending appeal subject to the provisions of Section 110-6.2. 25 (f) When the conditions of the bail bond have been 26 performed and the accused has been discharged from all 27 obligations in the cause the clerk of the court shall return 28 to the accused or to the defendant's designee by an 29 assignment executed at the time the bail amount is deposited, 30 unless the court orders otherwise, 90% of the sum which had 31 been deposited and shall retain as bail bond costs 10% of the 32 amount deposited. However, in no event shall the amount 33 retained by the clerk as bail bond costs be less than $5. 34 Bail bond deposited by or on behalf of a defendant in one HB0238 Enrolled -3- LRB9100163RCks 1 case may be used, in the court's discretion, to satisfy 2 financial obligations of that same defendant incurred in a 3 different case due to a fine, court costs, restitution or 4 fees of the defendant's attorney of record. The court shall 5 not order bail bond deposited by or on behalf of a defendant 6 in one case to be used to satisfy financial obligations of 7 that same defendant in a different case until the bail bond 8 is first used to satisfy court costs in the case in which the 9 bail bond has been deposited. 10 At the request of the defendant the court may order such 11 90% of defendant's bail deposit, or whatever amount is 12 repayable to defendant from such deposit, to be paid to 13 defendant's attorney of record. 14 (g) If the accused does not comply with the conditions 15 of the bail bond the court having jurisdiction shall enter an 16 order declaring the bail to be forfeited. Notice of such 17 order of forfeiture shall be mailed forthwith to the accused 18 at his last known address. If the accused does not appear 19 and surrender to the court having jurisdiction within 30 days 20 from the date of the forfeiture or within such period satisfy 21 the court that appearance and surrender by the accused is 22 impossible and without his fault the court shall enter 23 judgment for the State if the charge for which the bond was 24 given was a felony or misdemeanor, or if the charge was 25 quasi-criminal or traffic, judgment for the political 26 subdivision of the State which prosecuted the case, against 27 the accused for the amount of the bail and costs of the court 28 proceedings; however, in counties with a population of less 29 than 3,000,000, instead of the court entering a judgment for 30 the full amount of the bond the court may, in its discretion, 31 enter judgment for the cash deposit on the bond, less costs, 32 retain the deposit for further disposition or, if a cash bond 33 was posted for failure to appear in a matter involving 34 enforcement of child support or maintenance, the amount of HB0238 Enrolled -4- LRB9100163RCks 1 the cash deposit on the bond, less outstanding costs, may be 2 awarded to the person or entity to whom the child support or 3 maintenance is due. The deposit made in accordance with 4 paragraph (a) shall be applied to the payment of costs. If 5 judgment is entered and any amount of such deposit remains 6 after the payment of costs it shall be applied to payment of 7 the judgment and transferred to the treasury of the municipal 8 corporation wherein the bond was taken if the offense was a 9 violation of any penal ordinance of a political subdivision 10 of this State, or to the treasury of the county wherein the 11 bond was taken if the offense was a violation of any penal 12 statute of this State. The balance of the judgment may be 13 enforced and collected in the same manner as a judgment 14 entered in a civil action. 15 (h) After a judgment for a fine and court costs or 16 either is entered in the prosecution of a cause in which a 17 deposit had been made in accordance with paragraph (a) the 18 balance of such deposit, after deduction of bail bond costs, 19 shall be applied to the payment of the judgment. 20 (Source: P.A. 88-287; 89-469, eff. 1-1-97.)