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1 | AN ACT in relation to criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 110-17 as follows:
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6 | (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
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7 | Sec. 110-17. Unclaimed Bail Deposits. Notwithstanding the
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8 | provisions of the Uniform Disposition of Unclaimed Property | ||||||
9 | Act, any sum
of money deposited by any person to secure his or | ||||||
10 | her release from custody which
remains unclaimed by the person | ||||||
11 | entitled to its return for 3
years after the conditions of the | ||||||
12 | bail bond have been performed
and the accused has been | ||||||
13 | discharged from all obligations in the
cause shall be presumed | ||||||
14 | to be abandoned.
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15 | (a) The clerk of the circuit court, as soon thereafter as
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16 | practicable, shall cause notice to be published once, in | ||||||
17 | English, in a
newspaper or newspapers of general circulation in | ||||||
18 | the county wherein the
deposit of bond was received and shall | ||||||
19 | post this notice on the Internet .
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20 | (b) The published and posted notice shall be entitled | ||||||
21 | "Notice of Persons
Appearing to be Owners of Abandoned | ||||||
22 | Property" and shall contain:
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23 | (1) The names, in alphabetical order, of persons to whom | ||||||
24 | the notice
is directed.
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25 | (2) A statement that information concerning the amount of | ||||||
26 | the property
may be obtained by any persons possessing an | ||||||
27 | interest in the property by
making an inquiry at the office of | ||||||
28 | the clerk of the circuit court at a
location designated by him | ||||||
29 | or her .
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30 | (3) A statement that if proof of claim is not presented by | ||||||
31 | the owner to
the clerk of the circuit court and if the owner's | ||||||
32 | right to receive the
property is not established to the |
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1 | satisfaction of the clerk of the court
within 65 days from the | ||||||
2 | date of the published and posted notice, the abandoned
property | ||||||
3 | will be placed in the custody of the treasurer of the county, | ||||||
4 | not
later than 85 days after such publication and posting , to | ||||||
5 | whom all further claims must
thereafter be directed. If the | ||||||
6 | claim is established as aforesaid and after
deducting an amount | ||||||
7 | not to exceed $20 to cover the cost of notice
publication and | ||||||
8 | posting and related clerical expenses, the clerk of the court | ||||||
9 | shall
make payment to the person entitled thereto.
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10 | (4) The clerk of the circuit court is not required to | ||||||
11 | publish and post in such
notice any items of less than $100 | ||||||
12 | unless he or she deems such publication and posting in the
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13 | public interest.
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14 | (c) Any clerk of the circuit court who has caused notice to | ||||||
15 | be published and posted
as provided by this Section shall, | ||||||
16 | within 20 days after the time specified
in this Section for | ||||||
17 | claiming the property from the clerk of the court, pay
or | ||||||
18 | deliver to the treasurer of the county having jurisdiction of | ||||||
19 | the
offense, whether the bond was taken there or any other | ||||||
20 | county, all sums
deposited as specified in this section less | ||||||
21 | such amounts as may have been
returned to the persons whose | ||||||
22 | rights to receive the sums deposited have
been established to | ||||||
23 | the satisfaction of the clerk of the circuit court.
Any clerk | ||||||
24 | of the circuit court who transfers such sums to the county
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25 | treasury including sums deposited by persons whose names are | ||||||
26 | not required
to be set forth in the published notice aforesaid, | ||||||
27 | is relieved of all
liability for such sums as have been | ||||||
28 | transferred as unclaimed bail deposits
or any claim which then | ||||||
29 | exists or which thereafter may arise or be made in
respect to | ||||||
30 | such sums.
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31 | (d) The treasurer of the county shall keep just and true | ||||||
32 | accounts of all
moneys paid into the treasury, and if any | ||||||
33 | person appears within 5 years
after the deposit of moneys by | ||||||
34 | the clerk of the circuit court and claims
any money paid into | ||||||
35 | the treasury, he or she shall file a claim therefor on the
form | ||||||
36 | prescribed by the treasurer of the county who shall consider |
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1 | any claim
filed under this Act and who may, in his or her
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2 | discretion, hold a hearing and
receive evidence concerning it. | ||||||
3 | The treasurer of the county shall prepare
a finding and the | ||||||
4 | decision in writing on each hearing, stating the substance
of | ||||||
5 | any evidence heard by him or her , his or her findings of fact | ||||||
6 | in respect thereto, and
the reasons for his or her decision. | ||||||
7 | The decision shall be a public record. All moneys not otherwise | ||||||
8 | claimed after 5 years shall be deposited in the county general | ||||||
9 | fund and used for county purposes.
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10 | (e) All claims which are not filed within the 5 year period | ||||||
11 | shall
be forever barred. | ||||||
12 | (f) The changes made by this amendatory Act of the 93rd | ||||||
13 | General Assembly are applicable to bail deposits made before, | ||||||
14 | on, or after the effective date of this amendatory Act of the | ||||||
15 | 93rd General Assembly.
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16 | (Source: P.A. 85-768.)
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