Public Act 098-0943
 
SB2650 EnrolledLRB098 15935 RLC 50982 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by adding Section 124A-15 as follows:
 
    (725 ILCS 5/124A-15 new)
    Sec. 124A-15. Reversal of conviction; refund of fines, 
fees, and costs.
    (a) A defendant convicted in a criminal prosecution whose 
conviction is reversed by a finding of factual innocence in a 
collateral proceeding such as habeas corpus or post-conviction 
relief under Article 122 of this Code is not liable for any 
costs or fees of the court or circuit clerk's office, or for 
any charge of subsistence while detained in custody. If the 
defendant has paid any costs, fine, or fees, in the case, the 
clerk or judge shall give him or her a certificate of the 
payment of those costs,  fine, or fees with the items of those 
expenses, which, when audited and approved according to law, 
shall be refunded to the defendant.
    (b) To receive a refund under this Section, a defendant 
must submit a request for the refund to the clerk of the court 
on a form and in a manner prescribed by the clerk. The 
defendant must attach to the form an order from the court 
demonstrating the defendant's right to the refund and the 
amount of the refund.
  


Effective Date:  1/1/2015