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750 ILCS 16/35
(750 ILCS 16/35)
Sec. 35. Fine; release of defendant on probation; violation of order for
support;
forfeiture of recognizance.
(a) Whenever a fine is imposed it may be directed by the court to be paid,
in
whole or in part, to the spouse, ex-spouse, or if the support of a child or
children is
involved, to the custodial parent, to the clerk, probation officer, or to the
Department of Healthcare and Family Services if a recipient of child support
enforcement services
under Article X of the Illinois Public Aid Code is involved as the case
requires, to be
disbursed by such
officers or agency under the terms of the order.
(b) The court may also relieve the defendant from custody on probation for
the
period fixed in the order or judgment upon his or her entering into a
recognizance, with
or without surety, in the sum as the court orders and approves. The condition
of the
recognizance shall be such that if the defendant makes his or her personal
appearance in
court whenever ordered to do so by the court, during such period as may be so
fixed, and
further complies with the terms of the order for support, or any subsequent
modification
of the order, then the recognizance shall be void; otherwise it will remain in
full force and
effect.
(c) If the court is satisfied by testimony in open court, that at any time
during the
period of one year the defendant has violated the terms of the order for
support, it may
proceed with the trial of the defendant under the original charge, or sentence
him or her under the original conviction, or enforce the suspended sentence, as
the case
may be. In case of forfeiture of recognizance, and enforcement of recognizance
by
execution, the sum so recovered may, in the discretion of the court, be paid,
in whole or
in part, to the spouse, ex-spouse, or if the support of a child or children is
involved, to the
custodial parent, to the clerk, or to the Department of Healthcare and Family Services if
a recipient of
child support enforcement services under Article X of the
Illinois Public Aid Code is
involved as the case requires, to be disbursed by the clerk or the Department
under the
terms of the order.
(Source: P.A. 95-331, eff. 8-21-07.)
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