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Public Act 098-0943
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| SB2650 Enrolled | LRB098 15935 RLC 50982 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by adding Section 124A-15 as follows:
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(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 |