(725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
(Section scheduled to be repealed on January 1, 2023)
Sec. 110-8. Cash, stocks, bonds and real estate as security for bail.
(a) In lieu of the bail deposit provided for in Section 110-7 of this
Code any person for whom bail has been set may execute the bail bond with
or without sureties which bond may be secured:
(1) By a deposit, with the clerk of the court, of an amount equal to the
required bail, of cash, or stocks and bonds in which trustees are
authorized to invest trust funds under the laws of this State; or
(2) By real estate situated in this State with unencumbered equity not
exempt owned by the accused or sureties worth double the amount of bail set
in the bond.
(b) If the bail bond is secured by stocks and bonds the accused or
sureties shall file with the bond a sworn schedule which shall be approved
by the court and shall contain:
(1) A list of the stocks and bonds deposited |
(d) The sworn schedule shall constitute a material part of the bail
bond. The affiant commits perjury if in the sworn schedule he makes a false
statement which he does not believe to be true. He shall be prosecuted and
punished accordingly, or, he may be punished for contempt.
(e) A certified copy of the bail bond and schedule of real estate shall
be filed immediately in the office of the registrar of titles or recorder
of the county in which the real estate is situated and the State
shall have a lien on such real estate from the time such copies are filed
in the office of the registrar of titles or recorder. The
registrar of titles or recorder shall enter, index and record (or
register as the case may be) such bail bonds and schedules without
requiring any advance fee, which fee shall be taxed as costs in the
proceeding and paid out of such costs when collected.
(f) When the conditions of the bail bond have been performed and the
accused has been discharged from his obligations in the cause, the clerk of
the court shall return to him or his sureties the deposit of any cash,
stocks or bonds. If the bail bond has been secured by real estate the clerk
of the court shall forthwith notify in writing the registrar of titles or
recorder and the lien of the bail bond on the real estate shall be
discharged.
(g) If the accused does not comply with the conditions of the bail bond
the court having jurisdiction shall enter an order declaring the bail to be
forfeited. Notice of such order of forfeiture shall be mailed forthwith by
the clerk of the court to the accused and his sureties at their last known
address. If the accused does not appear and surrender to the court having
jurisdiction within 30 days from the date of the forfeiture or within such
period satisfy the court that appearance and surrender by the accused is
impossible and without his fault
the court shall enter judgment for the
State against the accused and his sureties for the amount of the bail and
costs of the proceedings; however,
in counties with a population of less than
3,000,000, if the defendant has
posted a
cash bond, instead of the court entering a judgment for the full amount of the
bond the court may, in its discretion, enter judgment for the cash deposit on
the bond, less costs, retain the deposit for further disposition or, if a cash
bond was posted for failure to appear in a matter involving enforcement of
child support or maintenance, the amount of the cash deposit on the bond, less
outstanding costs, may be awarded to the person or entity to whom the child
support or maintenance is due.
(h) When judgment is entered in favor of the State on any bail bond
given for a felony or misdemeanor, or judgement for a political subdivision
of the state on any bail bond given for a quasi-criminal or traffic
offense, the State's Attorney or political subdivision's attorney shall
forthwith obtain a certified copy of the
judgment and deliver same to the
sheriff to be enforced by levy on the stocks or
bonds deposited with
the clerk of the court and the real estate described in the bail bond
schedule. Any cash forfeited under subsection (g) of this
Section shall be used to satisfy the judgment and costs and, without
necessity of levy, ordered paid
into the treasury of the municipal corporation wherein the bail bond was
taken if the offense was a violation of any penal ordinance of a political
subdivision of this State, or into the treasury of the county wherein the
bail bond was taken if the offense was a violation of any penal statute of
this State, or to the person or entity to whom child support or maintenance
is owed if the bond was taken for failure to appear in a matter involving child
support or maintenance. The stocks, bonds and real estate shall be sold in
the same
manner as in sales for the enforcement of a judgment in
civil actions and the proceeds of such sale
shall be used to satisfy all court costs, prior encumbrances, if any, and
from the balance a sufficient amount to satisfy the judgment shall be paid
into the treasury of the municipal corporation wherein the bail bond was
taken if the offense was a violation of any penal ordinance of a political
subdivision of this State, or into the treasury of the county wherein the
bail bond was taken if the offense was a violation of any penal statute of
this State. The balance shall be returned to the owner. The real estate so
sold may be redeemed in the same manner as real estate may be redeemed
after judicial sales or sales for the enforcement of
judgments in civil actions.
(i) No stocks, bonds or real estate may be used or accepted as bail bond
security in this State more than once in any 12 month period.
(j) This Section is repealed on January 1, 2023.
(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. 12-17-21.)
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