101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4497

 

Introduced 2/4/2020, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/110-7  from Ch. 38, par. 110-7

    Amends the Code of Criminal Procedure of 1963. Provides that if the defendant is acquitted, the court shall order 100% of the defendant's bail deposit returned to the defendant or to the defendant's designee by an assignment executed at the time the bail amount is deposited. Deletes provision that in no event shall the amount retained by the clerk of the court as bail bond costs be less than $5 and deletes in counties with a population of 3,000,000 or more in no event shall the amount retained by the clerk of the court as bail bond costs exceed $100.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4497LRB101 17527 RLC 66942 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 110-7 as follows:
 
6    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
7    Sec. 110-7. Deposit of bail security.
8    (a) The person for whom bail has been set shall execute the
9bail bond and deposit with the clerk of the court before which
10the proceeding is pending a sum of money equal to 10% of the
11bail, but in no event shall such deposit be less than $25. The
12clerk of the court shall provide a space on each form for a
13person other than the accused who has provided the money for
14the posting of bail to so indicate and a space signed by an
15accused who has executed the bail bond indicating whether a
16person other than the accused has provided the money for the
17posting of bail. The form shall also include a written notice
18to such person who has provided the defendant with the money
19for the posting of bail indicating that the bail may be used to
20pay costs, attorney's fees, fines, or other purposes authorized
21by the court and if the defendant fails to comply with the
22conditions of the bail bond, the court shall enter an order
23declaring the bail to be forfeited. The written notice must be:

 

 

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1(1) distinguishable from the surrounding text; (2) in bold type
2or underscored; and (3) in a type size at least 2 points larger
3than the surrounding type. When a person for whom bail has been
4set is charged with an offense under the Illinois Controlled
5Substances Act or the Methamphetamine Control and Community
6Protection Act which is a Class X felony, or making a terrorist
7threat in violation of Section 29D-20 of the Criminal Code of
81961 or the Criminal Code of 2012 or an attempt to commit the
9offense of making a terrorist threat, the court may require the
10defendant to deposit a sum equal to 100% of the bail. Where any
11person is charged with a forcible felony while free on bail and
12is the subject of proceedings under Section 109-3 of this Code
13the judge conducting the preliminary examination may also
14conduct a hearing upon the application of the State pursuant to
15the provisions of Section 110-6 of this Code to increase or
16revoke the bail for that person's prior alleged offense.
17    (b) Upon depositing this sum and any bond fee authorized by
18law, the person shall be released from custody subject to the
19conditions of the bail bond.
20    (c) Once bail has been given and a charge is pending or is
21thereafter filed in or transferred to a court of competent
22jurisdiction the latter court shall continue the original bail
23in that court subject to the provisions of Section 110-6 of
24this Code.
25    (d) After conviction the court may order that the original
26bail stand as bail pending appeal or deny, increase or reduce

 

 

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1bail subject to the provisions of Section 110-6.2.
2    (e) After the entry of an order by the trial court allowing
3or denying bail pending appeal either party may apply to the
4reviewing court having jurisdiction or to a justice thereof
5sitting in vacation for an order increasing or decreasing the
6amount of bail or allowing or denying bail pending appeal
7subject to the provisions of Section 110-6.2.
8    (f)(1) This paragraph (1) applies in cases other than the
9acquittal of the defendant. When the conditions of the bail
10bond have been performed and the accused has been discharged
11from all obligations in the cause the clerk of the court shall
12return to the accused or to the defendant's designee by an
13assignment executed at the time the bail amount is deposited,
14unless the court orders otherwise, 90% of the sum which had
15been deposited and shall retain as bail bond costs 10% of the
16amount deposited. However, in no event shall the amount
17retained by the clerk as bail bond costs be less than $5.
18Notwithstanding the foregoing, in counties with a population of
193,000,000 or more, in no event shall the amount retained by the
20clerk as bail bond costs exceed $100. Bail bond deposited by or
21on behalf of a defendant in one case may be used, in the
22court's discretion, to satisfy financial obligations of that
23same defendant incurred in a different case due to a fine,
24court costs, restitution or fees of the defendant's attorney of
25record. In counties with a population of 3,000,000 or more, the
26court shall not order bail bond deposited by or on behalf of a

 

 

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1defendant in one case to be used to satisfy financial
2obligations of that same defendant in a different case until
3the bail bond is first used to satisfy court costs and
4attorney's fees in the case in which the bail bond has been
5deposited and any other unpaid child support obligations are
6satisfied. In counties with a population of less than
73,000,000, the court shall not order bail bond deposited by or
8on behalf of a defendant in one case to be used to satisfy
9financial obligations of that same defendant in a different
10case until the bail bond is first used to satisfy court costs
11in the case in which the bail bond has been deposited. At the
12request of the defendant the court may order such 90% of
13defendant's bail deposit, or whatever amount is repayable to
14defendant from such deposit, to be paid to defendant's attorney
15of record.
16    (2) This paragraph (2) applies in cases of the acquittal of
17the defendant. If the defendant is acquitted, the court shall
18order 100% of the defendant's bail deposit returned to the
19defendant or to the defendant's designee by an assignment
20executed at the time the bail amount is deposited.
21    (g) If the accused does not comply with the conditions of
22the bail bond the court having jurisdiction shall enter an
23order declaring the bail to be forfeited. Notice of such order
24of forfeiture shall be mailed forthwith to the accused at his
25last known address. If the accused does not appear and
26surrender to the court having jurisdiction within 30 days from

 

 

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1the date of the forfeiture or within such period satisfy the
2court that appearance and surrender by the accused is
3impossible and without his fault the court shall enter judgment
4for the State if the charge for which the bond was given was a
5felony or misdemeanor, or if the charge was quasi-criminal or
6traffic, judgment for the political subdivision of the State
7which prosecuted the case, against the accused for the amount
8of the bail and costs of the court proceedings; however, in
9counties with a population of less than 3,000,000, instead of
10the court entering a judgment for the full amount of the bond
11the court may, in its discretion, enter judgment for the cash
12deposit on the bond, less costs, retain the deposit for further
13disposition or, if a cash bond was posted for failure to appear
14in a matter involving enforcement of child support or
15maintenance, the amount of the cash deposit on the bond, less
16outstanding costs, may be awarded to the person or entity to
17whom the child support or maintenance is due. The deposit made
18in accordance with paragraph (a) shall be applied to the
19payment of costs. If judgment is entered and any amount of such
20deposit remains after the payment of costs it shall be applied
21to payment of the judgment and transferred to the treasury of
22the municipal corporation wherein the bond was taken if the
23offense was a violation of any penal ordinance of a political
24subdivision of this State, or to the treasury of the county
25wherein the bond was taken if the offense was a violation of
26any penal statute of this State. The balance of the judgment

 

 

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1may be enforced and collected in the same manner as a judgment
2entered in a civil action.
3    (h) After a judgment for a fine and court costs or either
4is entered in the prosecution of a cause in which a deposit had
5been made in accordance with paragraph (a) the balance of such
6deposit, after deduction of bail bond costs, shall be applied
7to the payment of the judgment.
8    (i) When a court appearance is required for an alleged
9violation of the Criminal Code of 1961, the Criminal Code of
102012, the Illinois Vehicle Code, the Wildlife Code, the Fish
11and Aquatic Life Code, the Child Passenger Protection Act, or a
12comparable offense of a unit of local government as specified
13in Supreme Court Rule 551, and if the accused does not appear
14in court on the date set for appearance or any date to which
15the case may be continued and the court issues an arrest
16warrant for the accused, based upon his or her failure to
17appear when having so previously been ordered to appear by the
18court, the accused upon his or her admission to bail shall be
19assessed by the court a fee of $75. Payment of the fee shall be
20a condition of release unless otherwise ordered by the court.
21The fee shall be in addition to any bail that the accused is
22required to deposit for the offense for which the accused has
23been charged and may not be used for the payment of court costs
24or fines assessed for the offense. The clerk of the court shall
25remit $70 of the fee assessed to the arresting agency who
26brings the offender in on the arrest warrant. If the Department

 

 

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1of State Police is the arresting agency, $70 of the fee
2assessed shall be remitted by the clerk of the court to the
3State Treasurer within one month after receipt for deposit into
4the State Police Operations Assistance Fund. The clerk of the
5court shall remit $5 of the fee assessed to the Circuit Court
6Clerk Operation and Administrative Fund as provided in Section
727.3d of the Clerks of Courts Act.
8(Source: P.A. 99-412, eff. 1-1-16.)