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Public Act 095-0952
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| SB1881 Enrolled |
LRB095 14274 RLC 40151 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Sections 110-4 and 110-7 as follows:
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(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
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Sec. 110-4. Bailable Offenses.
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(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,
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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 |
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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
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conveyance owned,
leased, or contracted by a school to |
transport students to or from school or a
school-related
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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
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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
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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.
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(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.
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(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 |
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State.
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(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.
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(Source: P.A. 91-11, eff. 6-4-99.)
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(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
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Sec. 110-7. Deposit of Bail Security.
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(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
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person other than the accused who has provided the money for |
the posting of
bail to so indicate and a space signed by an
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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
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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 |
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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
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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
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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.
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(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.
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(c) Once bail has been given and a charge is pending or
is |
thereafter filed in or transferred to a court of competent
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jurisdiction the latter court shall continue the original bail
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in that court subject to the provisions of Section 110-6 of |
this Code.
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(d) After conviction the court may order that the original
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bail stand as bail pending appeal or deny, increase or reduce |
bail
subject to the provisions of Section 110-6.2.
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(e) After the entry of an order by the trial court allowing
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or denying bail pending appeal either party may apply to the
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reviewing court having jurisdiction or to a justice thereof
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sitting in vacation for an order increasing or decreasing the
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amount of bail or allowing or denying bail pending appeal |
subject to the
provisions of Section 110-6.2.
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(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
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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
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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 |
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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
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different case until the bail bond is first used to satisfy |
court costs
in
the case in which the bail bond has been |
deposited.
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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.
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(g) If the accused does not comply with the conditions of
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the bail bond the court having jurisdiction shall enter an
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order declaring the bail to be forfeited. Notice of such order
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of forfeiture shall be mailed forthwith to the accused at his
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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 |
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the court
entering a judgment for the full amount
of the bond |
the court may, in its discretion, enter judgment for the cash
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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
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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
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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.
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(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
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been made in accordance with paragraph (a) the balance of such
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deposit, after deduction of bail bond costs, shall be applied
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to the payment of the judgment.
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(Source: P.A. 93-371, eff. 1-1-04; 93-760, eff. 1-1-05; 94-556, |
eff. 9-11-05.)
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