093_SB1127ham003 LRB093 04187 RLC 16881 a 1 AMENDMENT TO SENATE BILL 1127 2 AMENDMENT NO. . Amend Senate Bill 1127, AS AMENDED, 3 with reference to the page and line numbers of House 4 Amendment No. 1, by replacing lines 9 through 21 on page 1 5 and lines 1 through 28 on page 2 with the following: 6 "(705 ILCS 105/16.5 new) 7 Sec. 16.5. Assisting court users; clerk or deputy clerk. 8 (a) In this Section: 9 "Court" means the circuit court. 10 "Form" means a model or skeleton of an instrument to be 11 used in a judicial proceeding or legal transaction, 12 containing the principal necessary matters, the proper 13 technical terms or phrases and whatever else is necessary to 14 make it formally correct and capable of being adopted to the 15 circumstances of the specific case or transaction. 16 (b) Court staff must treat all litigants fairly and 17 equally. Court staff must not provide assistance for the 18 purpose of giving one party an advantage over another, nor 19 give assistance to one party that they would not give to an 20 opposing party. 21 (c) Court staff shall do all of the following: 22 (1) Provide public information contained in 23 dockets, calendars, case files, indexes, or existing -2- LRB093 04187 RLC 16881 a 1 reports. 2 (2) Explain and answer procedural questions about 3 how the court system works. 4 (3) Provide court schedules and information about 5 how to get a case scheduled. 6 (4) Provide copies of State and local court rules 7 and procedures for applicable fees and costs. 8 (5) Advise litigants as to where to find statutes 9 and rules. 10 (6) Identify and provide applicable court forms and 11 instructions. 12 (7) Provide telephone numbers and website addresses 13 for lawyer referral services, legal aid providers, and 14 other services where the public can get legal information 15 and assistance. 16 (8) Provide appropriate aids and services for 17 individuals with disabilities in accordance with the 18 Americans with Disabilities Act of 1990, 42 USC 12101. 19 (9) Provide simplified forms to help with the 20 writing and filing of a petition when available."; and 21 by replacing lines 31 and 32 on page 30, all of page 31, and 22 lines 1 through 17 on page 32 with the following: 23 "(705 ILCS 110/1.5 new) 24 Sec. 1.5. Assisting court users; clerk or deputy clerks; 25 prohibition; unauthorized information and assistance. Court 26 staff may not do any of the following: 27 (1) Provide legal advice or recommend a specific 28 course of legal action for an individual. If a court user 29 asks for legal advice, court staff shall provide 30 telephone numbers and website addresses for lawyer 31 referral services, legal aid providers, and other 32 services where the public can get legal information and 33 assistance. -3- LRB093 04187 RLC 16881 a 1 (2) Apply the law to the facts of a given case. 2 (3) Interpret the meaning or implication of 3 statutes or appellate court decisions as they might apply 4 to an individual case. 5 (4) Perform legal research for court users. 6 (5) Reveal the outcome of a case before the 7 information is officially released to the litigants or 8 the public. 9 (6) Fill out forms, or direct litigants as to how 10 to fill out forms that require legal analysis of the law. 11 If the litigant has a physical disability or is 12 illiterate and is therefore unable to fill in a form, and 13 the litigant explains the disability to the clerk's staff 14 member and requests appropriate assistance, then the 15 staff member may fill in the form with the exact words 16 provided by the litigant and another staff member must 17 witness the action. If the litigant is seeking an order 18 of protection, the clerk, in accordance with the Illinois 19 Domestic Violence Act of 1986, may provide simplified 20 forms and clerical assistance to help with the writing 21 and the filing of a petition. 22 Section 11. If and only if House Bill 3504 of the 93rd 23 General Assembly becomes law, the Code of Criminal Procedure 24 of 1963 is amended by changing Section 110-7 as follows: 25 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7) 26 Sec. 110-7. Deposit of Bail Security. 27 (a) The person for whom bail has been set shall execute 28 the bail bond and deposit with the clerk of the court before 29 which the proceeding is pending a sum of money equal to 10% 30 of the bail, but in no event shall such deposit be less than 31 $25. The clerk of the court shall provide a space on each 32 form for a person other than the accused who has provided the -4- LRB093 04187 RLC 16881 a 1 money for the posting of bail to so indicate and a space 2 signed by an accused who has executed the bail bond 3 indicating whether a person other than the accused has 4 provided the money for the posting of bail. The form shall 5 also include a written notice to such person who has provided 6 the defendant with the money for the posting of bail 7 indicating that the bail may be used to pay costs, attorney's 8 fees, fines, or other purposes authorized by the court and if 9 the defendant fails to comply with the conditions of the bail 10 bond, the court shall enter an order declaring the bail to be 11 forfeited. The written notice must be: (1) distinguishable 12 from the surrounding text; (2) in bold type or underscored; 13 and (3) in a type size at least 2 points larger than the 14 surrounding type. When a person for whom bail has been set 15 is charged with an offense under the "Illinois Controlled 16 Substances Act" which is a Class X felony, the court may 17 require the defendant to deposit a sum equal to 100% of the 18 bail. Where any person is charged with a forcible felony 19 while free on bail and is the subject of proceedings under 20 Section 109-3 of this Code the judge conducting the 21 preliminary examination may also conduct a hearing upon the 22 application of the State pursuant to the provisions of 23 Section 110-6 of this Code to increase or revoke the bail for 24 that person's prior alleged offense. 25 (b) Upon depositing this sum and any bond fee authorized 26 by law, the person shall be released from custody subject to 27 the conditions of the bail bond. 28 (c) Once bail has been given and a charge is pending or 29 is thereafter filed in or transferred to a court of competent 30 jurisdiction the latter court shall continue the original 31 bail in that court subject to the provisions of Section 110-6 32 of this Code. 33 (d) After conviction the court may order that the 34 original bail stand as bail pending appeal or deny, increase -5- LRB093 04187 RLC 16881 a 1 or reduce bail subject to the provisions of Section 110-6.2. 2 (e) After the entry of an order by the trial court 3 allowing or denying bail pending appeal either party may 4 apply to the reviewing court having jurisdiction or to a 5 justice thereof sitting in vacation for an order increasing 6 or decreasing the amount of bail or allowing or denying bail 7 pending appeal subject to the provisions of Section 110-6.2. 8 (f) When the conditions of the bail bond have been 9 performed and the accused has been discharged from all 10 obligations in the cause the clerk of the court shall return 11 to the accused or to the defendant's designee by an 12 assignment executed at the time the bail amount is deposited, 13 unless the court orders otherwise, 90% of the sum which had 14 been deposited and shall retain as bail bond costs 10% of the 15 amount deposited. However, in no event shall the amount 16 retained by the clerk as bail bond costs be less than $5. 17 Bail bond deposited by or on behalf of a defendant in one 18 case may be used, in the court's discretion, to satisfy 19 financial obligations of that same defendant incurred in a 20 different case due to a fine, court costs, restitution or 21 fees of the defendant's attorney of record. In counties with 22 a population of 3,000,000 or more, the court shall not order 23 bail bond deposited by or on behalf of a defendant in one 24 case to be used to satisfy financial obligations of that same 25 defendant in a different case until the bail bond is first 26 used to satisfy court costs and attorney's fees in the case 27 in which the bail bond has been deposited and any other 28 unpaid child support obligations are satisfied. In counties 29 with a population of less than 3,000,000, the court shall not 30 order bail bond deposited by or on behalf of a defendant in 31 one case to be used to satisfy financial obligations of that 32 same defendant in a different case until the bail bond is 33 first used to satisfy court costs in the case in which the 34 bail bond has been deposited. -6- LRB093 04187 RLC 16881 a 1 At the request of the defendant the court may order such 2 90% of defendant's bail deposit, or whatever amount is 3 repayable to defendant from such deposit, to be paid to 4 defendant's attorney of record. 5 (g) If the accused does not comply with the conditions 6 of the bail bond the court having jurisdiction shall enter an 7 order declaring the bail to be forfeited. Notice of such 8 order of forfeiture shall be mailed forthwith to the accused 9 at his last known address. If the accused does not appear 10 and surrender to the court having jurisdiction within 30 days 11 from the date of the forfeiture or within such period satisfy 12 the court that appearance and surrender by the accused is 13 impossible and without his fault the court shall enter 14 judgment for the State if the charge for which the bond was 15 given was a felony or misdemeanor, or if the charge was 16 quasi-criminal or traffic, judgment for the political 17 subdivision of the State which prosecuted the case, against 18 the accused for the amount of the bail and costs of the court 19 proceedings; however, in counties with a population of less 20 than 3,000,000, instead of the court entering a judgment for 21 the full amount of the bond the court may, in its discretion, 22 enter judgment for the cash deposit on the bond, less costs, 23 retain the deposit for further disposition or, if a cash bond 24 was posted for failure to appear in a matter involving 25 enforcement of child support or maintenance, the amount of 26 the cash deposit on the bond, less outstanding costs, may be 27 awarded to the person or entity to whom the child support or 28 maintenance is due. The deposit made in accordance with 29 paragraph (a) shall be applied to the payment of costs. If 30 judgment is entered and any amount of such deposit remains 31 after the payment of costs it shall be applied to payment of 32 the judgment and transferred to the treasury of the municipal 33 corporation wherein the bond was taken if the offense was a 34 violation of any penal ordinance of a political subdivision -7- LRB093 04187 RLC 16881 a 1 of this State, or to the treasury of the county wherein the 2 bond was taken if the offense was a violation of any penal 3 statute of this State. The balance of the judgment may be 4 enforced and collected in the same manner as a judgment 5 entered in a civil action. 6 (h) After a judgment for a fine and court costs or 7 either is entered in the prosecution of a cause in which a 8 deposit had been made in accordance with paragraph (a) the 9 balance of such deposit, after deduction of bail bond costs, 10 shall be applied to the payment of the judgment. 11 (Source: P.A. 91-94, eff. 1-1-00; 91-183, eff. 1-1-00; 92-16, 12 eff. 6-28-01; 93HB3504enr.)"; and 13 on page 33, line 17, by changing "Whenever" to "In counties 14 with a population of 3,000,000 or more, whenever".