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91_SB0176eng SB176 Engrossed LRB9100341RCcd 1 AN ACT in relation to bond fees. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 4-5001 as follows: 6 (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001) 7 Sec. 4-5001. Sheriffs; counties of first and second 8 class. The fees of sheriffs in counties of the first and 9 second class, except when increased by county ordinance under 10 this Section, shall be as follows: 11 For serving or attempting to serve summons on each 12 defendant in each county, $10. 13 For serving or attempting to serve an order or judgment 14 granting injunctional relief in each county, $10. 15 For serving or attempting to serve each garnishee in each 16 county, $10. 17 For serving or attempting to serve an order for replevin 18 in each county, $10. 19 For serving or attempting to serve an order for 20 attachment on each defendant in each county, $10. 21 For serving or attempting to serve a warrant of arrest, 22 $8, to be paid upon conviction. 23 For returning a defendant from outside the State of 24 Illinois, upon conviction, the court shall assess, as court 25 costs, the cost of returning a defendant to the jurisdiction. 26 For taking special bail, $1 in each county. 27 For serving or attempting to serve a subpoena on each 28 witness, in each county, $10. 29 For advertising property for sale, $5. 30 For returning each process, in each county, $5. 31 Mileage for each mile of necessary travel to serve any SB176 Engrossed -2- LRB9100341RCcd 1 such process as Stated above, calculating from the place of 2 holding court to the place of residence of the defendant, or 3 witness, 50¢ each way. 4 For summoning each juror, $3 with 30¢ mileage each way in 5 all counties. 6 For serving or attempting to serve notice of judgments or 7 levying to enforce a judgment, $3 with 50¢ mileage each way 8 in all counties. 9 For taking possession of and removing property levied on, 10 the officer shall be allowed to tax the actual cost of such 11 possession or removal. 12 For feeding each prisoner, such compensation to cover the 13 actual cost as may be fixed by the county board, but such 14 compensation shall not be considered a part of the fees of 15 the office. 16 For attending before a court with prisoner, on an order 17 for habeas corpus, in each county, $10 per day. 18 For attending before a court with a prisoner in any 19 criminal proceeding, in each county, $10 per day. 20 For each mile of necessary travel in taking such prisoner 21 before the court as Stated above, 15¢ a mile each way. 22 For serving or attempting to serve an order or judgment 23 for the possession of real estate in an action of ejectment 24 or in any other action, or for restitution in an action of 25 forcible entry and detainer without aid, $10 and when aid is 26 necessary, the sheriff shall be allowed to tax in addition 27 the actual costs thereof, and for each mile of necessary 28 travel, 50¢ each way. 29 For executing and acknowledging a deed of sale of real 30 estate, in counties of first class, $4; second class, $4. 31 For preparing, executing and acknowledging a deed on 32 redemption from a court sale of real estate in counties of 33 first class, $5; second class, $5. 34 For making certificates of sale, and making and filing SB176 Engrossed -3- LRB9100341RCcd 1 duplicate, in counties of first class, $3; in counties of the 2 second class, $3. 3 For making certificate of redemption, $3. 4 For certificate of levy and filing, $3, and the fee for 5 recording shall be advanced by the judgment creditor and 6 charged as costs. 7 For taking all bonds on legal process, civil and 8 criminal, in counties of first class, $1; in second class, 9 $1. 10 For executing copies in criminal cases, $4 and mileage 11 for each mile of necessary travel, 20¢ each way. 12 For executing requisitions from other States, $5. 13 For conveying each prisoner from the prisoner's own 14 county to the jail of another county, or from another county 15 to the jail of the prisoner's county, per mile, for going, 16 only, 30¢. 17 For conveying persons to the penitentiary, reformatories, 18 Illinois State Training School for Boys, Illinois State 19 Training School for Girls and Reception Centers, the 20 following fees, payable out of the State Treasury. For each 21 person who is conveyed, 35¢ per mile in going only to the 22 penitentiary, reformatory, Illinois State Training School for 23 Boys, Illinois State Training School for Girls and Reception 24 Centers, from the place of conviction. 25 The fees provided for transporting persons to the 26 penitentiary, reformatories, Illinois State Training School 27 for Boys, Illinois State Training School for Girls and 28 Reception Centers shall be paid for each trip so made. 29 Mileage as used in this Section means the shortest practical 30 route, between the place from which the person is to be 31 transported, to the penitentiary, reformatories, Illinois 32 State Training School for Boys, Illinois State Training 33 School for Girls and Reception Centers and all fees per mile 34 shall be computed on such basis. SB176 Engrossed -4- LRB9100341RCcd 1 For conveying any person to or from any of the charitable 2 institutions of the State, when properly committed by 3 competent authority, when one person is conveyed, 35¢ per 4 mile; when two persons are conveyed at the same time, 35¢ per 5 mile for the first person and 20¢ per mile for the second 6 person; and 10¢ per mile for each additional person. 7 For conveying a person from the penitentiary to the 8 county jail when required by law, 35¢ per mile. 9 For attending Supreme Court, $10 per day. 10 In addition to the above fees there shall be allowed to 11 the sheriff a fee of $600 for the sale of real estate which 12 is made by virtue of any judgment of a court, except that in 13 the case of a sale of unimproved real estate which sells for 14 $10,000 or less, the fee shall be $150. In addition to this 15 fee and all other fees provided by this Section, there shall 16 be allowed to the sheriff a fee in accordance with the 17 following schedule for the sale of personal estate which is 18 made by virtue of any judgment of a court: 19 For judgments up to $1,000, $75; 20 For judgments from $1,001 to $15,000, $150; 21 For judgments over $15,000, $300. 22 The foregoing fees allowed by this Section are the 23 maximum fees that may be collected from any officer, agency, 24 department or other instrumentality of the State. The county 25 board may, however, by ordinance, increase the fees allowed 26 by this Section and collect those increased fees from all 27 persons and entities other than officers, agencies, 28 departments and other instrumentalities of the State if the 29 increase is justified by an acceptable cost study showing 30 that the fees allowed by this Section are not sufficient to 31 cover the costs of providing the service. A statement of the 32 costs of providing each service, program and activity shall 33 be prepared by the county board. All supporting documents 34 shall be public records and subject to public examination and SB176 Engrossed -5- LRB9100341RCcd 1 audit. All direct and indirect costs, as defined in the 2 United States Office of Management and Budget Circular A-87, 3 may be included in the determination of the costs of each 4 service, program and activity. 5 In all cases where the judgment is settled by the 6 parties, replevied, stopped by injunction or paid, or where 7 the property levied upon is not actually sold, the sheriff 8 shall be allowed his fee for levying and mileage, together 9 with half the fee for all money collected by him which he 10 would be entitled to if the same was made by sale to enforce 11 the judgment. In no case shall the fee exceed the amount of 12 money arising from the sale. 13 The fee requirements of this Section do not apply to 14 police departments or other law enforcement agencies. For 15 the purposes of this Section, "law enforcement agency" means 16 an agency of the State or unit of local government which is 17 vested by law or ordinance with the duty to maintain public 18 order end to enforce criminal laws. 19 (Source: P.A. 86-962; 86-1028; 87-738.) 20 Section 10. The Code of Criminal Procedure of 1963 is 21 amended by changing Section 110-7 as follows: 22 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7) 23 Sec. 110-7. Deposit of Bail Security. 24 (a) The person for whom bail has been set shall execute 25 the bail bond and deposit with the clerk of the court before 26 which the proceeding is pending a sum of money equal to 10% 27 of the bail, but in no event shall such deposit be less than 28 $25. The clerk of the court shall provide a space on each 29 form for a person other than the accused who has provided the 30 money for the posting of bail to so indicate and a space 31 signed by an accused who has executed the bail bond 32 indicating whether a person other than the accused has SB176 Engrossed -6- LRB9100341RCcd 1 provided the money for the posting of bail. The form shall 2 also include a written notice to such person who has provided 3 the defendant with the money for the posting of bail 4 indicating that the bail may be used to pay costs, attorney's 5 fees, fines, or other purposes authorized by the court and if 6 the defendant fails to comply with the conditions of the bail 7 bond, the court shall enter an order declaring the bail to be 8 forfeited. When a person for whom bail has been set is 9 charged with an offense under the "Illinois Controlled 10 Substances Act" which is a Class X felony, the court may 11 require the defendant to deposit a sum equal to 100% of the 12 bail. Where any person is charged with a forcible felony 13 while free on bail and is the subject of proceedings under 14 Section 109-3 of this Code the judge conducting the 15 preliminary examination may also conduct a hearing upon the 16 application of the State pursuant to the provisions of 17 Section 110-6 of this Code to increase or revoke the bail for 18 that person's prior alleged offense. 19 (b) Upon depositing this sum and any bond fee authorized 20 by law, the person shall be released from custody subject to 21 the conditions of the bail bond. 22 (c) Once bail has been given and a charge is pending or 23 is thereafter filed in or transferred to a court of competent 24 jurisdiction the latter court shall continue the original 25 bail in that court subject to the provisions of Section 110-6 26 of this Code. 27 (d) After conviction the court may order that the 28 original bail stand as bail pending appeal or deny, increase 29 or reduce bail subject to the provisions of Section 110-6.2. 30 (e) After the entry of an order by the trial court 31 allowing or denying bail pending appeal either party may 32 apply to the reviewing court having jurisdiction or to a 33 justice thereof sitting in vacation for an order increasing 34 or decreasing the amount of bail or allowing or denying bail SB176 Engrossed -7- LRB9100341RCcd 1 pending appeal subject to the provisions of Section 110-6.2. 2 (f) When the conditions of the bail bond have been 3 performed and the accused has been discharged from all 4 obligations in the cause the clerk of the court shall return 5 to the accused or to the defendant's designee by an 6 assignment executed at the time the bail amount is deposited, 7 unless the court orders otherwise, 90% of the sum which had 8 been deposited and shall retain as bail bond costs 10% of the 9 amount deposited. However, in no event shall the amount 10 retained by the clerk as bail bond costs be less than $5. 11 Bail bond deposited by or on behalf of a defendant in one 12 case may be used, in the court's discretion, to satisfy 13 financial obligations of that same defendant incurred in a 14 different case due to a fine, court costs, restitution or 15 fees of the defendant's attorney of record. The court shall 16 not order bail bond deposited by or on behalf of a defendant 17 in one case to be used to satisfy financial obligations of 18 that same defendant in a different case until the bail bond 19 is first used to satisfy court costs in the case in which the 20 bail bond has been deposited. 21 At the request of the defendant the court may order such 22 90% of defendant's bail deposit, or whatever amount is 23 repayable to defendant from such deposit, to be paid to 24 defendant's attorney of record. 25 (g) If the accused does not comply with the conditions 26 of the bail bond the court having jurisdiction shall enter an 27 order declaring the bail to be forfeited. Notice of such 28 order of forfeiture shall be mailed forthwith to the accused 29 at his last known address. If the accused does not appear 30 and surrender to the court having jurisdiction within 30 days 31 from the date of the forfeiture or within such period satisfy 32 the court that appearance and surrender by the accused is 33 impossible and without his fault the court shall enter 34 judgment for the State if the charge for which the bond was SB176 Engrossed -8- LRB9100341RCcd 1 given was a felony or misdemeanor, or if the charge was 2 quasi-criminal or traffic, judgment for the political 3 subdivision of the State which prosecuted the case, against 4 the accused for the amount of the bail and costs of the court 5 proceedings; however, in counties with a population of less 6 than 3,000,000, instead of the court entering a judgment for 7 the full amount of the bond the court may, in its discretion, 8 enter judgment for the cash deposit on the bond, less costs, 9 retain the deposit for further disposition or, if a cash bond 10 was posted for failure to appear in a matter involving 11 enforcement of child support or maintenance, the amount of 12 the cash deposit on the bond, less outstanding costs, may be 13 awarded to the person or entity to whom the child support or 14 maintenance is due. The deposit made in accordance with 15 paragraph (a) shall be applied to the payment of costs. If 16 judgment is entered and any amount of such deposit remains 17 after the payment of costs it shall be applied to payment of 18 the judgment and transferred to the treasury of the municipal 19 corporation wherein the bond was taken if the offense was a 20 violation of any penal ordinance of a political subdivision 21 of this State, or to the treasury of the county wherein the 22 bond was taken if the offense was a violation of any penal 23 statute of this State. The balance of the judgment may be 24 enforced and collected in the same manner as a judgment 25 entered in a civil action. 26 (h) After a judgment for a fine and court costs or 27 either is entered in the prosecution of a cause in which a 28 deposit had been made in accordance with paragraph (a) the 29 balance of such deposit, after deduction of bail bond costs, 30 shall be applied to the payment of the judgment. 31 (Source: P.A. 88-287; 89-469, eff. 1-1-97.)