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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2885 Introduced 2/18/2016, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
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Amends the Code of Criminal Procedure of 1963. In provision regarding refund of costs, fines, or fees upon reversal of conviction on a finding of actual innocence, the refund shall be determined by the judge and paid by the clerk of the court based upon the availability of funds in the subject fund account.
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| | A BILL FOR |
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| | SB2885 | | LRB099 20648 SLF 45252 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 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 124A-15 as follows:
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| 6 | | (725 ILCS 5/124A-15) |
| 7 | | Sec. 124A-15. Reversal of conviction; refund of fines, |
| 8 | | fees, and costs. |
| 9 | | (a) A defendant convicted in a criminal prosecution whose |
| 10 | | conviction is reversed by a finding of factual innocence in a |
| 11 | | collateral proceeding such as habeas corpus or post-conviction |
| 12 | | relief under Article 122 of this Code is not liable for any |
| 13 | | costs or fees of the court or circuit clerk's office, or for |
| 14 | | any charge of subsistence while detained in custody. If the |
| 15 | | defendant has paid any costs, fine, or fees, in the case, a |
| 16 | | refund of those costs shall be determined by the judge and paid |
| 17 | | by the clerk of the court. The timing of the refund payment |
| 18 | | shall be determined by the clerk of the court based upon the |
| 19 | | availability of funds in the subject fund account the clerk or |
| 20 | | judge shall give him or her a certificate of the payment of |
| 21 | | those costs, fine, or fees with the items of those expenses, |
| 22 | | which, when audited and approved according to law, shall be |
| 23 | | refunded to the defendant. |