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.