Illinois General Assembly - Full Text of Public Act 095-0952
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Public Act 095-0952


 

Public Act 0952 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0952
 
SB1881 Enrolled LRB095 14274 RLC 40151 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-4 and 110-7 as follows:
 
    (725 ILCS 5/110-4)  (from Ch. 38, par. 110-4)
    Sec. 110-4. Bailable Offenses.
    (a) All persons shall be bailable before conviction, except
the following offenses where the proof is evident or the
presumption great that the defendant is guilty of the offense:
capital offenses; offenses for which a sentence of life
imprisonment may be imposed as a consequence of conviction;
felony offenses for which a sentence of imprisonment, without
conditional and revocable release, shall be imposed by law as a
consequence of conviction, where the court after a hearing,
determines that the release of the defendant would pose a real
and present threat to the physical safety of any person or
persons; stalking or aggravated stalking, where the court,
after a hearing, determines that the release of the defendant
would pose a real and present threat to the physical safety of
the alleged victim of the offense and denial of bail is
necessary to prevent fulfillment of the threat upon which the
charge is based; or unlawful use of weapons in violation of
item (4) of subsection (a) of Section 24-1 of the Criminal Code
of 1961 when that offense occurred in a school or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 1,000 feet of real
property comprising any school, where the court, after a
hearing, determines that the release of the defendant would
pose a real and present threat to the physical safety of any
person and denial of bail is necessary to prevent fulfillment
of that threat; or making a terrorist threat in violation of
Section 29D-20 of the Criminal Code of 1961 or an attempt to
commit the offense of making a terrorist threat, where the
court, after a hearing, determines that the release of the
defendant would pose a real and present threat to the physical
safety of any person and denial of bail is necessary to prevent
fulfillment of that threat.
    (b) A person seeking release on bail who is charged with a
capital offense or an offense for which a sentence of life
imprisonment may be imposed shall not be bailable until a
hearing is held wherein such person has the burden of
demonstrating that the proof of his guilt is not evident and
the presumption is not great.
    (c) Where it is alleged that bail should be denied to a
person upon the grounds that the person presents a real and
present threat to the physical safety of any person or persons,
the burden of proof of such allegations shall be upon the
State.
    (d) When it is alleged that bail should be denied to a
person charged with stalking or aggravated stalking upon the
grounds set forth in Section 110-6.3 of this Code, the burden
of proof of those allegations shall be upon the State.
(Source: P.A. 91-11, eff. 6-4-99.)
 
    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
    Sec. 110-7. Deposit of Bail Security.
    (a) The person for whom bail has been set shall execute the
bail bond and deposit with the clerk of the court before which
the proceeding is pending a sum of money equal to 10% of the
bail, but in no event shall such deposit be less than $25. The
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the
posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes authorized
by the court and if the defendant fails to comply with the
conditions of the bail bond, the court shall enter an order
declaring the bail to be forfeited. The written notice must be:
(1) distinguishable from the surrounding text; (2) in bold type
or underscored; and (3) in a type size at least 2 points larger
than the surrounding type. When a person for whom bail has been
set is charged with an offense under the Illinois Controlled
Substances Act or the Methamphetamine Control and Community
Protection Act which is a Class X felony, or making a terrorist
threat in violation of Section 29D-20 of the Criminal Code of
1961 or an attempt to commit the offense of making a terrorist
threat, the court may require the defendant to deposit a sum
equal to 100% of the bail. Where any person is charged with a
forcible felony while free on bail and is the subject of
proceedings under Section 109-3 of this Code the judge
conducting the preliminary examination may also conduct a
hearing upon the application of the State pursuant to the
provisions of Section 110-6 of this Code to increase or revoke
the bail for that person's prior alleged offense.
    (b) Upon depositing this sum and any bond fee authorized by
law, the person shall be released from custody subject to the
conditions of the bail bond.
    (c) Once bail has been given and a charge is pending or is
thereafter filed in or transferred to a court of competent
jurisdiction the latter court shall continue the original bail
in that court subject to the provisions of Section 110-6 of
this Code.
    (d) After conviction the court may order that the original
bail stand as bail pending appeal or deny, increase or reduce
bail subject to the provisions of Section 110-6.2.
    (e) After the entry of an order by the trial court allowing
or denying bail pending appeal either party may apply to the
reviewing court having jurisdiction or to a justice thereof
sitting in vacation for an order increasing or decreasing the
amount of bail or allowing or denying bail pending appeal
subject to the provisions of Section 110-6.2.
    (f) When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return to
the accused or to the defendant's designee by an assignment
executed at the time the bail amount is deposited, unless the
court orders otherwise, 90% of the sum which had been deposited
and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by
the clerk as bail bond costs be less than $5. Bail bond
deposited by or on behalf of a defendant in one case may be
used, in the court's discretion, to satisfy financial
obligations of that same defendant incurred in a different case
due to a fine, court costs, restitution or fees of the
defendant's attorney of record. In counties with a population
of 3,000,000 or more, the court shall not order bail bond
deposited by or on behalf of a defendant in one case to be used
to satisfy financial obligations of that same defendant in a
different case until the bail bond is first used to satisfy
court costs and attorney's fees in the case in which the bail
bond has been deposited and any other unpaid child support
obligations are satisfied. In counties with a population of
less than 3,000,000, the court shall not order bail bond
deposited by or on behalf of a defendant in one case to be used
to satisfy financial obligations of that same defendant in a
different case until the bail bond is first used to satisfy
court costs in the case in which the bail bond has been
deposited.
    At the request of the defendant the court may order such
90% of defendant's bail deposit, or whatever amount is
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
    (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 to the accused at his
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 if the charge for which the bond was given was a
felony or misdemeanor, or if the charge was quasi-criminal or
traffic, judgment for the political subdivision of the State
which prosecuted the case, against the accused for the amount
of the bail and costs of the court proceedings; however, in
counties with a population of less than 3,000,000, 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. The deposit made
in accordance with paragraph (a) shall be applied to the
payment of costs. If judgment is entered and any amount of such
deposit remains after the payment of costs it shall be applied
to payment of the judgment and transferred to the treasury of
the municipal corporation wherein the bond was taken if the
offense was a violation of any penal ordinance of a political
subdivision of this State, or to the treasury of the county
wherein the bond was taken if the offense was a violation of
any penal statute of this State. The balance of the judgment
may be enforced and collected in the same manner as a judgment
entered in a civil action.
    (h) After a judgment for a fine and court costs or either
is entered in the prosecution of a cause in which a deposit had
been made in accordance with paragraph (a) the balance of such
deposit, after deduction of bail bond costs, shall be applied
to the payment of the judgment.
(Source: P.A. 93-371, eff. 1-1-04; 93-760, eff. 1-1-05; 94-556,
eff. 9-11-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/29/2008