94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2358

 

Introduced 2/16/2005, by Rep. Marlow H. Colvin

 

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

    Amends the Code of Criminal Procedure of 1963. Requires that the Administrative Office of the Illinois Courts adopt rules providing for the forfeiture of cash bail posted by a defendant who is in arrears on his or her child support payments. Provides that, beginning January 1, 2006, an accused who posts bail and who is in arrears in the payment of child support shall forfeit the deposit of his or her bail pursuant to the rules. Provides that the forfeiture of bail shall not apply in criminal cases where the complainant is the person to whom the child support payments are owed.


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A BILL FOR

 

HB2358 LRB094 07681 LCB 37857 b

1     AN ACT concerning bail.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended 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
9 bail bond and deposit with the clerk of the court before which
10 the proceeding is pending a sum of money equal to 10% of the
11 bail, but in no event shall such deposit be less than $25. The
12 clerk of the court shall provide a space on each form for a
13 person other than the accused who has provided the money for
14 the posting of bail to so indicate and a space signed by an
15 accused who has executed the bail bond indicating whether a
16 person other than the accused has provided the money for the
17 posting of bail. The form shall also include a written notice
18 to such person who has provided the defendant with the money
19 for the posting of bail indicating that the bail may be used to
20 pay costs, attorney's fees, fines, or other purposes authorized
21 by the court and if the defendant fails to comply with the
22 conditions of the bail bond, the court shall enter an order
23 declaring the bail to be forfeited. The written notice must be:
24 (1) distinguishable from the surrounding text; (2) in bold type
25 or underscored; and (3) in a type size at least 2 points larger
26 than the surrounding type. When a person for whom bail has been
27 set is charged with an offense under the "Illinois Controlled
28 Substances Act" which is a Class X felony, the court may
29 require the defendant to deposit a sum equal to 100% of the
30 bail. Where any person is charged with a forcible felony while
31 free on bail and is the subject of proceedings under Section
32 109-3 of this Code the judge conducting the preliminary

 

 

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1 examination may also conduct a hearing upon the application of
2 the State pursuant to the provisions of Section 110-6 of this
3 Code to increase or revoke the bail for that person's prior
4 alleged offense.
5     (b) Upon depositing this sum and any bond fee authorized by
6 law, the person shall be released from custody subject to the
7 conditions of the bail bond.
8     (c) Once bail has been given and a charge is pending or is
9 thereafter filed in or transferred to a court of competent
10 jurisdiction the latter court shall continue the original bail
11 in that court subject to the provisions of Section 110-6 of
12 this Code.
13     (d) After conviction the court may order that the original
14 bail stand as bail pending appeal or deny, increase or reduce
15 bail subject to the provisions of Section 110-6.2.
16     (e) After the entry of an order by the trial court allowing
17 or denying bail pending appeal either party may apply to the
18 reviewing court having jurisdiction or to a justice thereof
19 sitting in vacation for an order increasing or decreasing the
20 amount of bail or allowing or denying bail pending appeal
21 subject to the provisions of Section 110-6.2.
22     (f) Except as provided in subsection (f-5) of this Section,
23 when When the conditions of the bail bond have been performed
24 and the accused has been discharged from all obligations in the
25 cause the clerk of the court shall return to the accused or to
26 the defendant's designee by an assignment executed at the time
27 the bail amount is deposited, unless the court orders
28 otherwise, 90% of the sum which had been deposited and shall
29 retain as bail bond costs 10% of the amount deposited. However,
30 in no event shall the amount retained by the clerk as bail bond
31 costs be less than $5. Bail bond deposited by or on behalf of a
32 defendant in one case may be used, in the court's discretion,
33 to satisfy financial obligations of that same defendant
34 incurred in a different case due to a fine, court costs,
35 restitution or fees of the defendant's attorney of record. In
36 counties with a population of 3,000,000 or more, the court

 

 

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1 shall not order bail bond deposited by or on behalf of a
2 defendant in one case to be used to satisfy financial
3 obligations of that same defendant in a different case until
4 the bail bond is first used to satisfy court costs and
5 attorney's fees in the case in which the bail bond has been
6 deposited and any other unpaid child support obligations are
7 satisfied. In counties with a population of less than
8 3,000,000, the court shall not order bail bond deposited by or
9 on behalf of a defendant in one case to be used to satisfy
10 financial obligations of that same defendant in a different
11 case until the bail bond is first used to satisfy court costs
12 in the case in which the bail bond has been deposited.
13     (f-5) The Administrative Office of the Illinois Courts
14 shall adopt rules providing for the forfeiture of cash bail
15 posted by a defendant who is in arrears on his or her child
16 support payments.
17     Beginning January 1, 2006, an accused who posts bail and
18 who is in arrears in the payment of child support shall forfeit
19 the deposit of his or her bail pursuant to the rules.
20     The forfeiture of bail shall not apply in criminal cases
21 where the complainant is the person to whom the child support
22 payments are owed.
23     At the request of the defendant the court may order such
24 90% of defendant's bail deposit, or whatever amount is
25 repayable to defendant from such deposit, to be paid to
26 defendant's attorney of record.
27     (g) If the accused does not comply with the conditions of
28 the bail bond the court having jurisdiction shall enter an
29 order declaring the bail to be forfeited. Notice of such order
30 of forfeiture shall be mailed forthwith to the accused at his
31 last known address. If the accused does not appear and
32 surrender to the court having jurisdiction within 30 days from
33 the date of the forfeiture or within such period satisfy the
34 court that appearance and surrender by the accused is
35 impossible and without his fault the court shall enter judgment
36 for the State if the charge for which the bond was given was a

 

 

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1 felony or misdemeanor, or if the charge was quasi-criminal or
2 traffic, judgment for the political subdivision of the State
3 which prosecuted the case, against the accused for the amount
4 of the bail and costs of the court proceedings; however, in
5 counties with a population of less than 3,000,000, instead of
6 the court entering a judgment for the full amount of the bond
7 the court may, in its discretion, enter judgment for the cash
8 deposit on the bond, less costs, retain the deposit for further
9 disposition or, if a cash bond was posted for failure to appear
10 in a matter involving enforcement of child support or
11 maintenance, the amount of the cash deposit on the bond, less
12 outstanding costs, may be awarded to the person or entity to
13 whom the child support or maintenance is due. The deposit made
14 in accordance with paragraph (a) shall be applied to the
15 payment of costs. If judgment is entered and any amount of such
16 deposit remains after the payment of costs it shall be applied
17 to payment of the judgment and transferred to the treasury of
18 the municipal corporation wherein the bond was taken if the
19 offense was a violation of any penal ordinance of a political
20 subdivision of this State, or to the treasury of the county
21 wherein the bond was taken if the offense was a violation of
22 any penal statute of this State. The balance of the judgment
23 may be enforced and collected in the same manner as a judgment
24 entered in a civil action.
25     (h) After a judgment for a fine and court costs or either
26 is entered in the prosecution of a cause in which a deposit had
27 been made in accordance with paragraph (a) the balance of such
28 deposit, after deduction of bail bond costs, shall be applied
29 to the payment of the judgment.
30 (Source: P.A. 92-16, eff. 6-28-01; 93-371, eff. 1-1-04; 93-760,
31 eff. 1-1-05.)