102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0785
 
Introduced 2/10/2021, by Rep. Patrick Windhorst
 
SYNOPSIS AS INTRODUCED:
 

 
  
725 ILCS 5/110-14  from Ch. 38, par. 110-14

     Amends the Code of Criminal Procedure of 1963 concerning bail. Provides that the incarceration credit does not apply to a person incarcerated for a felony offense who committed the offense when he or she was released on bond, on pretrial release, in pretrial detention, or serving a sentence of incarceration for a separate offense. Effective immediately. 
  


LRB102 04202 RLC 14219 b

 
 
A BILL FOR
 

  
HB0785LRB102 04202 RLC 14219 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 110-14 as follows:
 


6    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)



7    Sec. 110-14. Credit for incarceration on bailable offense; 
8credit against monetary bail for certain offenses. 
9    (a) Any person incarcerated on a bailable offense who does 
10not supply
bail and against whom a fine is levied on conviction 
11of the offense
shall be allowed a credit of $30 for each day so 
12incarcerated upon application
of the defendant. However,
in no 
13case shall the amount so allowed or
credited exceed the amount 
14of the fine. 
15    (b) Subsection (a) does not apply to a person incarcerated 
16for sexual assault as defined in paragraph (1) of subsection 
17(a) of Section 5-9-1.7 of the Unified Code of Corrections.

18    (b-5) Subsection (a) does not apply to a person 
19incarcerated for a felony offense who committed the offense 
20when he or she was released on bond, on pretrial release, in 
21pretrial detention, or serving a sentence of incarceration for 
22a separate offense. 
23    (c) A person subject to bail on a Category B offense shall 
 
 
HB0785- 2 -LRB102 04202 RLC 14219 b

1have $30 deducted from his or her 10% cash bond amount every 
2day the person is incarcerated. The sheriff shall calculate 
3and apply this $30 per day reduction and send notice to the 
4circuit clerk if a defendant's 10% cash bond amount is reduced 
5to $0, at which point the defendant shall be released upon his 
6or her own recognizance. 

7    (d) The court may deny the incarceration credit in 
8subsection (c) of this Section if the person has failed to 
9appear as required before the court and is incarcerated based 
10on a warrant for failure to appear on the same original 
11criminal offense. 
12(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19; 
13101-408, eff. 1-1-20.)

 
 
14    Section 99. Effective date. This Act takes effect upon 
15becoming law.