Illinois General Assembly - Bill Status for HB 4959

Amends the State Finance Act and the Code of Criminal Procedure of 1963. Provides that, if the accused does not appear on the date set for a required appearance in a traffic or conservation case and the court enters an order of failure to appear and an arrest warrant for the accused, the accused shall be assessed a penalty of not less than $100 and not more than $200 upon his or her admission to bail, in addition to any bail that the accused is required to deposit. Provides that the penalty may not be used for the payment of court costs or fines. Provides that the court clerk shall remit the penalty to the State Treasurer for deposit into the Failure to Appear Fund, a new special fund in the State treasury and that moneys in the Fund shall be used solely to reimburse law enforcement agencies for executing arrest warrants for failure to appear and transporting arrested persons to the county jail.

Deletes everything after the enacting clause. Amends the Clerks of Courts Act. Creates the Circuit Court Clerk Operation and Administrative Fund to offset the cost incurred by the circuit court clerk of performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law. Provides that the circuit court clerk shall be the custodian, ex-officio, of this Fund and shall use the Fund to perform the duties required by his or her office. Amends the Code of Criminal Procedure of 1963. Provides that when a court appearance is required for an alleged violation of the Criminal Code of 1961, the Illinois Vehicle Code, the Wildlife Code, the Fish and Aquatic Life Code, the Child Passenger Protection Act, or a comparable offense of a unit of local government as specified in Supreme Court Rule 551, and if the accused does not appear in court on the date set for appearance or any date to which the case may be continued and the court issues an arrest warrant for the accused, based upon his or her failure to appear when having so previously been ordered to appear by the court, the accused upon his or her admission to bail shall be assessed by the court a penalty of $100. Provides that the penalty shall be in addition to any bail that the accused is required to deposit for the offense for which the accused has been charged and may not be used for the payment of court costs or fines assessed for the offense. Provides that the clerk of the court shall remit $95 of the penalty assessed to the arresting agency who brings the offender in on the arrest warrant. Provides that the clerk of the court shall remit $5 of the penalty assessed to the Circuit Court Clerk Operation and Administrative Fund.

Date	Chamber	Action
1/9/2007	House	Session Sine Die

Date	Chamber	Action
1/19/2006	House	Filed with the Clerk by Rep. Chapin Rose
1/19/2006	House	First Reading
1/19/2006	House	Referred to Rules Committee
1/31/2006	House	Assigned to Judiciary II - Criminal Law Committee
2/8/2006	House	House Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
2/8/2006	House	House Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
2/8/2006	House	Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 016-000-000
2/8/2006	House	Placed on Calendar 2nd Reading - Short Debate
2/9/2006	House	Second Reading - Short Debate
2/9/2006	House	Placed on Calendar Order of 3rd Reading - Short Debate
2/21/2006	House	Added Co-Sponsor Rep. Ron Stephens
2/21/2006	House	Third Reading - Short Debate - Passed 082-031-000
2/22/2006	Senate	Arrive in Senate
2/22/2006	Senate	Placed on Calendar Order of First Reading February 23, 2006
3/2/2006	Senate	Chief Senate Sponsor Sen. Dale A. Righter
3/7/2006	Senate	First Reading
3/7/2006	Senate	Referred to Rules
3/16/2006	Senate	Alternate Chief Sponsor Changed to Sen. William R. Haine
1/9/2007	House	Session Sine Die

	Deletes reference to:
	30 ILCS 105/5.663 new

	Adds reference to:
	705 ILCS 105/27.3d new