SB1304 EngrossedLRB099 07058 MRW 27141 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 124A-15 as follows:
 
6    (725 ILCS 5/124A-15)
7    Sec. 124A-15. Reversal of conviction; refund of fines, 
8fees, and costs.
9    (a) A defendant convicted in a criminal prosecution whose 
10conviction is reversed by a finding of factual innocence in a 
11collateral proceeding such as habeas corpus or post-conviction 
12relief under Article 122 of this Code is not liable for any 
13costs or fees of the court or circuit clerk's office, or for 
14any charge of subsistence while detained in custody. If the 
15defendant has paid any costs, fine, or fees, in the case, a 
16refund of those costs shall be determined by the judge and paid 
17by the clerk of the court. The timing of the refund payment 
18shall be determined by the clerk of the court based upon the 
19availability of funds in the subject fund account the clerk or 
20judge shall give him or her a certificate of the payment of 
21those costs,  fine, or fees with the items of those expenses, 
22which, when audited and approved according to law, shall be 
23refunded to the defendant.
 
 
SB1304 Engrossed- 2 -LRB099 07058 MRW 27141 b

1    (b) To receive a refund under this Section, a defendant 
2must submit a request for the refund to the clerk of the court 
3on a form and in a manner prescribed by the clerk. The 
4defendant must attach to the form an order from the court 
5demonstrating the defendant's right to the refund and the 
6amount of the refund.

7(Source: P.A. 98-943, eff. 1-1-15.)