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91_SB1921
LRB9110590RCdv
1 AN ACT in relation to warrants.
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 3-6019 as follows:
6 (55 ILCS 5/3-6019) (from Ch. 34, par. 3-6019)
7 Sec. 3-6019. Duties of sheriff; office quarters and
8 hours.
9 (a) Sheriffs shall serve and execute, within their
10 respective counties, and return all warrants, process, orders
11 and judgments of every description that may be legally
12 directed or delivered to them. A sheriff of a county with a
13 population of less than 1,000,000 may employ civilian
14 personnel to serve process in civil matters.
15 (b) When the court issues any arrest warrant, including
16 but not limited to, (i) a warrant issued under this Section,
17 (ii) a warrant issued under Section 110-3 of the Code of
18 Criminal Procedure of 1963 or Section 5-6-4 of the Unified
19 Code of Corrections, (iii) warrants upon indictment or
20 matters of body attachments, (iv) contempt warrants or
21 warrants of a similar nature, and (v) warrants of every other
22 description, the clerk of the court issuing the warrant
23 shall, on the same day in which the warrant is issued,
24 transmit the arrest warrant to the sheriff of the county.
25 The sheriff may delegate the responsibility for receiving
26 warrants to another law enforcement agency through an
27 intergovernmental agreement.
28 (c) Sheriffs shall be solely responsible for the service
29 and execution all arrest warrants issued by the court,
30 including but not limited to, (i) warrants issued under this
31 Section, (ii) warrants issued under Section 110-3 of the Code
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1 of Criminal Procedure of 1963 or Section 5-6-4 of the Unified
2 Code of Corrections, (iii) warrants upon indictment or
3 matters of body attachments, (iv) contempt warrants or
4 warrants of a similar nature, and (v) the responsibility for
5 warrants of every other description. The sheriff may
6 delegate servicing and executing warrants to another law
7 enforcement agency through an intergovernmental agreement.
8 (d) Sheriffs shall enter each felony and Class A and B
9 misdemeanor warrant received from the clerk of the court,
10 including but not limited to, (i) warrants issued under this
11 Section, (ii) warrants issued under Section 110-3 of the Code
12 of Criminal Procedure of 1963 or Section 5-6-4 of the Unified
13 Code of Corrections, (iii) warrants upon indictment or
14 matters of body attachments, (iv) contempt warrants or
15 warrants of a similar nature, and (v) warrants of every other
16 description into the Law Enforcement Agencies Data System
17 (LEADS) as soon as possible after receiving the warrant. A
18 warrant must be entered into LEADS within 5 working days
19 after the sheriff receives the warrant. The sheriff may
20 delegate the responsibility for entering warrants into LEADS
21 to another law enforcement agency through an
22 intergovernmental agreement.
23 (e) Each county board must establish a Fugitive
24 Expenditure Fund to receive moneys from clerks of court
25 pursuant to Section 110-7 of the Code of Criminal Procedure
26 of 1963. Those moneys shall be used for payments of costs
27 incurred by the sheriff, directly or indirectly, related to
28 the execution of warrants, including the investigation,
29 apprehension, and transportation of intra-county,
30 intra-State, and interstate fugitives or for any other
31 services deemed necessary by the sheriff to provide for the
32 processing of warrants. Those moneys shall be collected in
33 the same manner as other cost set forth in Section 110-7.
34 (f) Each sheriff shall keep and maintain his or her
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1 office at the county seat of the county for which he or she
2 is the sheriff, and shall in counties having a population of
3 less than 500,000 keep his or her office open and attend to
4 the duties thereof from 8 o'clock in the forenoon to 5
5 o'clock in the afternoon of each working day, excepting such
6 days and half days as, under any law, are or may be legal
7 holidays, or half holidays. The hours of opening and closing
8 of the office of the sheriff may be changed and otherwise
9 fixed and determined by the county board of such county. Such
10 action taken by the county board shall be by an appropriate
11 resolution passed at a regular meeting.
12 (Source: P.A. 86-962; 86-1028.)
13 Section 10. The Criminal Code of 1961 is amended by
14 changing Section 32-10 as follows:
15 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
16 Sec. 32-10. Violation of bail bond.
17 (a) Whoever, having been admitted to bail for appearance
18 before any court of this State, incurs a forfeiture of the
19 bail and willfully fails to surrender himself within 30 days
20 following the date of such forfeiture, commits, if the bail
21 was given in connection with a charge of felony or pending
22 appeal or certiorari after conviction of any offense, a
23 felony of the next higher lower Class or a Class A
24 misdemeanor if the underlying offense was a Class 4 felony;
25 or, if the bail was given in connection with a charge of
26 committing a Class A or B misdemeanor, including Class A or B
27 misdemeanor offenses of the Illinois Vehicle Code, or for
28 appearance as a witness, commits a Class 4 felony a
29 misdemeanor of the next lower Class, but not less than a
30 Class C misdemeanor.
31 (a-5) Any person who violates a condition of bail bond
32 by possessing a firearm in violation of his or her conditions
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1 of bail commits a Class 4 felony for a first violation and a
2 Class 3 felony for a second violation.
3 (a-6) Any person who violates Section 110-10 or any
4 court ordered condition of bond commits, if the bail was
5 given in connection with a charge of a felony or a pending
6 appeal or certiorari of any offense, a felony of the next
7 higher class or, if the bail was given in connection with a
8 charge of committing a Class A or B misdemeanor, a Class 4
9 felony.
10 (b) Whoever, having been admitted to bail for appearance
11 before any court of this State, while charged with a criminal
12 offense in which the victim is a family or household member
13 as defined in Article 112A of the Code of Criminal Procedure
14 of 1963, knowingly violates a condition of that release as
15 set forth in Section 110-10, subsection (d) of the Code of
16 Criminal Procedure of 1963, commits a Class 4 felony for a
17 first violation and a Class 3 felony for a second violation a
18 Class A misdemeanor.
19 (c) Whoever, having been admitted to bail for appearance
20 before any court of this State for a felony, Class A
21 misdemeanor or a criminal offense in which the victim is a
22 family or household member as defined in Article 112A of the
23 Code of Criminal Procedure of 1963, is charged with any other
24 felony, Class A misdemeanor, or a criminal offense in which
25 the victim is a family or household member as defined in
26 Article 112A of the Code of Criminal Procedure of 1963 while
27 on such release, must appear before the court before bail is
28 statutorily set.
29 (d) Nothing in this Section shall interfere with or
30 prevent the exercise by any court of its power to punishment
31 for contempt. Any sentence imposed for violation of this
32 Section shall be served consecutive to the sentence imposed
33 for the charge for which bail had been granted and with
34 respect to which the defendant has been convicted, regardless
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1 of the order for which the judgments of conviction are
2 entered.
3 (Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff.
4 7-21-95.)
5 Section 15. The Code of Criminal Procedure of 1963 is
6 amended by changing Sections 107-9 and 110-7 as follows:
7 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
8 Sec. 107-9. Issuance of arrest warrant upon complaint.
9 (a) When a complaint is presented to a court charging
10 that an offense has been committed it shall examine upon oath
11 or affirmation the complainant or any witnesses.
12 (b) The complaint shall be in writing and shall:
13 (1) State the name of the accused if known, and if
14 not known the accused may be designated by any name or
15 description by which he can be identified with reasonable
16 certainty;
17 (2) State the offense with which the accused is
18 charged;
19 (3) State the time and place of the offense as
20 definitely as can be done by the complainant; and
21 (4) Be subscribed and sworn to by the complainant.
22 (c) A warrant shall not be issued by the court for the
23 arrest of the person complained against, unless if it appears
24 from the contents of the complaint and the examination of the
25 complainant or other witnesses, if any, that (i) the person
26 against whom the complaint was made has committed an offense
27 and (ii) there is sufficient identifying information to
28 distinguish the person who is the subject of the warrant from
29 other persons of the same sex, race, and description.
30 (d) The warrant of arrest shall:
31 (1) Be in writing;
32 (2) Specify the name, sex, and birth date, and any
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1 other physical descriptors or numerical identifiers of
2 the person to be arrested or if his name, sex or birth
3 date is unknown, shall designate such person by any name
4 or description by which he can be identified with
5 reasonable certainty;
6 (3) Set forth the nature of the offense;
7 (4) State the date when issued and the municipality
8 or county where issued;
9 (5) Be signed by the judge of the court with the
10 title of his office;
11 (6) Command that the person against whom the
12 complaint was made be arrested and brought before the
13 court issuing the warrant or if he is absent or unable to
14 act before the nearest or most accessible court in the
15 same county;
16 (7) Specify the amount of bail; and
17 (8) Specify any geographical limitation placed on
18 the execution of the warrant, but such limitation shall
19 not be expressed in mileage. Arrest warrants issued after
20 the effective date of this amendatory Act of the 91st
21 General Assembly that contain a geographical limitation
22 must be signed in the immediate area of the geographical
23 limitation by the States' Attorney and by the judge of
24 the court with the title of his office. The judge's
25 signature required by this subsection is in addition to
26 the judge's signature required by paragraph (5) of this
27 subsection.
28 (e) The warrant shall be directed to all peace officers
29 in the State. It shall be executed by the peace officer, or
30 by a private person specially named therein, at any location
31 within the geographic limitation for execution placed on the
32 warrant. If no geographic limitation is placed on the
33 warrant, then it may be executed anywhere in the State.
34 (f) The warrant may be issued electronically or
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1 electromagnetically by use of a facsimile transmission
2 machine and any such warrant shall have the same validity as
3 a written warrant.
4 (g) When the court issued any arrest warrant, including
5 but not limited to, (i) warrants issued under this Section,
6 (ii) warrants issued under Section 110-3 of this Act or
7 Section 5-6-4 of the Unified Code of Corrections, (iii)
8 warrants upon indictment or matters of body attachments, (iv)
9 contempt warrants or warrants of a similar nature, and (v)
10 warrants of every other description, the clerk of the court
11 issuing the arrest warrant shall, on the same day in which
12 the arrest warrant is issued, transmit the arrest warrant to
13 the sheriff of the county. The sheriff may delegate the
14 responsibility for receiving warrants to another law
15 enforcement agency through an intergovernmental agreement.
16 (h) Sheriffs shall be solely responsible for the service
17 and execution of all arrest warrants described in subsection
18 (a). The sheriff may delegate the responsibility for serving
19 and executing those warrants to another law enforcement
20 agency through an intergovernmental agreement.
21 (i) All sheriffs shall enter each felony and Class A and
22 B misdemeanor warrant described in subsection (g) that is
23 received from the clerk of the court into the Law Enforcement
24 Agencies Data System (LEADS) as soon as possible after
25 receiving the warrant. The warrant must be entered into
26 LEADS within 5 working days after receipt of the warrant. A
27 sheriff may delegate the responsibility for entering warrants
28 into LEADS to another law enforcement agency through an
29 intergovernmental agreement.
30 (Source: P.A. 86-298; 87-523.)
31 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
32 Sec. 110-7. Deposit of Bail Security.
33 (a) The person for whom bail has been set shall execute
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1 the bail bond and deposit with the clerk of the court before
2 which the proceeding is pending a sum of money equal to 10%
3 of the bail, but in no event shall such deposit be less than
4 $25. The clerk of the court shall provide a space on each
5 form for a person other than the accused who has provided the
6 money for the posting of bail to so indicate and a space
7 signed by an accused who has executed the bail bond
8 indicating whether a person other than the accused has
9 provided the money for the posting of bail. The form shall
10 also include a written notice to such person who has provided
11 the defendant with the money for the posting of bail
12 indicating that the bail may be used to pay costs, attorney's
13 fees, fines, or other purposes authorized by the court and if
14 the defendant fails to comply with the conditions of the bail
15 bond, the court shall enter an order declaring the bail to be
16 forfeited. The written notice must be: (1) distinguishable
17 from the surrounding text; (2) in bold type or underscored;
18 and (3) in a type size at least 2 points larger than the
19 surrounding type. When a person for whom bail has been set
20 is charged with an offense under the "Illinois Controlled
21 Substances Act" which is a Class X felony, the court may
22 require the defendant to deposit a sum equal to 100% of the
23 bail. Where any person is charged with a forcible felony
24 while free on bail and is the subject of proceedings under
25 Section 109-3 of this Code the judge conducting the
26 preliminary examination may also conduct a hearing upon the
27 application of the State pursuant to the provisions of
28 Section 110-6 of this Code to increase or revoke the bail for
29 that person's prior alleged offense.
30 (b) Upon depositing this sum and any bond fee authorized
31 by law, the person shall be released from custody subject to
32 the conditions of the bail bond.
33 (c) Once bail has been given and a charge is pending or
34 is thereafter filed in or transferred to a court of competent
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1 jurisdiction the latter court shall continue the original
2 bail in that court subject to the provisions of Section 110-6
3 of this Code.
4 (d) After conviction the court may order that the
5 original bail stand as bail pending appeal or deny, increase
6 or reduce bail subject to the provisions of Section 110-6.2.
7 (e) After the entry of an order by the trial court
8 allowing or denying bail pending appeal either party may
9 apply to the reviewing court having jurisdiction or to a
10 justice thereof sitting in vacation for an order increasing
11 or decreasing the amount of bail or allowing or denying bail
12 pending appeal subject to the provisions of Section 110-6.2.
13 (f) When the conditions of the bail bond have been
14 performed and the accused has been discharged from all
15 obligations in the cause the clerk of the court shall return
16 to the accused or to the defendant's designee by an
17 assignment executed at the time the bail amount is deposited,
18 unless the court orders otherwise, 80% 90% of the sum which
19 had been deposited; the clerk of the court shall transfer to
20 the county sheriff 10% of the amount deposited for the
21 Fugitive Expenditure Fund as provided in Section 3-6019, and
22 shall retain as bail bond costs 10% of the amount deposited.
23 However, in no event shall the amount retained by the clerk
24 as bail bond costs be less than $5. Bail bond deposited by
25 or on behalf of a defendant in one case may be used, in the
26 court's discretion, to satisfy financial obligations of that
27 same defendant incurred in a different case due to a fine,
28 court costs, restitution or fees of the defendant's attorney
29 of record. The court shall not order bail bond deposited by
30 or on behalf of a defendant in one case to be used to satisfy
31 financial obligations of that same defendant in a different
32 case until the bail bond is first used to satisfy court costs
33 in the case in which the bail bond has been deposited.
34 At the request of the defendant the court may order such
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1 80% 90% of defendant's bail deposit, or whatever amount is
2 repayable to defendant from such deposit, to be paid to
3 defendant's attorney of record. The 10% of the bail deposit
4 transferred to the county Sheriff Fugitive Expenditure Fund
5 as set forth in this Section shall have priority and
6 precedence in payment to the defendant's attorney of record.
7 (g) If the accused does not comply with the conditions
8 of the bail bond the court having jurisdiction shall enter an
9 order declaring the bail to be forfeited. Notice of such
10 order of forfeiture shall be mailed forthwith to the accused
11 at his last known address. If the accused does not appear
12 and surrender to the court having jurisdiction within 30 days
13 from the date of the forfeiture or within such period satisfy
14 the court that appearance and surrender by the accused is
15 impossible and without his fault the court shall enter
16 judgment for the State if the charge for which the bond was
17 given was a felony or misdemeanor, or if the charge was
18 quasi-criminal or traffic, judgment for the political
19 subdivision of the State which prosecuted the case, against
20 the accused for the amount of the bail and costs of the court
21 proceedings; however, in counties with a population of less
22 than 3,000,000, instead of the court entering a judgment for
23 the full amount of the bond the court may, in its discretion,
24 enter judgment for the cash deposit on the bond, less costs,
25 retain the deposit for further disposition or, if a cash bond
26 was posted for failure to appear in a matter involving
27 enforcement of child support or maintenance, the amount of
28 the cash deposit on the bond, less outstanding costs, may be
29 awarded to the person or entity to whom the child support or
30 maintenance is due. The deposit made in accordance with
31 paragraph (a) shall be applied to the payment of costs. If
32 judgment is entered and any amount of such deposit remains
33 after the payment of costs it shall be applied to payment of
34 the judgment and transferred to the treasury of the municipal
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1 corporation wherein the bond was taken if the offense was a
2 violation of any penal ordinance of a political subdivision
3 of this State, or to the treasury of the county wherein the
4 bond was taken if the offense was a violation of any penal
5 statute of this State. The balance of the judgment may be
6 enforced and collected in the same manner as a judgment
7 entered in a civil action.
8 (h) After a judgment for a fine and court costs or
9 either is entered in the prosecution of a cause in which a
10 deposit had been made in accordance with paragraph (a) the
11 balance of such deposit, after deduction of bail bond costs,
12 shall be applied to the payment of the judgment.
13 (Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00;
14 revised 10-7-99.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.