Bill Text: IL HB4278 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that if the offense for which bail has been set is not a violent crime as defined in the Rights of Crime Victims and Witnesses Act, the amount of bail required to be deposited with the clerk of the court may, in the discretion of the court, be an amount less than 10% of the bail (rather than 10% of the bail).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-08 - Rule 19(a) / Re-referred to Rules Committee [HB4278 Detail]

Download: Illinois-2015-HB4278-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4278 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-7 from Ch. 38, par. 110-7
725 ILCS 5/110-15 from Ch. 38, par. 110-15
Amends the Code of Criminal Procedure of 1963. Provides that if the offense for which bail has been set is not a violent crime as defined in the Rights of Crime Victims and Witnesses Act, the amount of bail required to be deposited with the clerk of the court may, in the discretion of the court, be an amount less than 10% of the bail (rather than 10% of the bail).
LRB099 13913 RLC 37905 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4278 LRB099 13913 RLC 37905 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 110-7 and 110-15 as follows:
(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 if
the offense for which bail has been set is a violent crime as
defined in subsection (c) of Section 3 of the Rights of Crime
Victims and Witnesses Act. If the offense for which bail has
been set is not a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and Witnesses Act, the
amount of bail required to be deposited with the clerk of the
court may, in the discretion of the court, be an amount less
than 10% of the bail. 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

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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 the Criminal Code of 2012 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

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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

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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

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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

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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.
(i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, the Criminal Code of
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
and Aquatic Life Code, the Child Passenger Protection Act, or a
comparable offense of a unit of local government as specified
in Supreme Court Rule 551, and if the accused does not appear
in court on the date set for appearance or any date to which
the case may be continued and the court issues an arrest
warrant for the accused, based upon his or her failure to
appear when having so previously been ordered to appear by the
court, the accused upon his or her admission to bail shall be
assessed by the court a fee of $75. Payment of the fee shall be
a condition of release unless otherwise ordered by the court.
The fee shall be in addition to any bail that the accused is
required to deposit for the offense for which the accused has
been charged and may not be used for the payment of court costs
or fines assessed for the offense. The clerk of the court shall
remit $70 of the fee assessed to the arresting agency who
brings the offender in on the arrest warrant. If the Department

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of State Police is the arresting agency, $70 of the fee
assessed shall be remitted by the clerk of the court to the
State Treasurer within one month after receipt for deposit into
the State Police Operations Assistance Fund. The clerk of the
court shall remit $5 of the fee assessed to the Circuit Court
Clerk Operation and Administrative Fund as provided in Section
27.3d of the Clerks of Courts Act.
(Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12;
97-1150, eff. 1-25-13.)
(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
Sec. 110-15. Applicability of provisions for giving and
taking bail. The provisions of Sections 110-7 and 110-8 of this
Code are exclusive of other provisions of law for the giving,
taking, or enforcement of bail. In all cases where a person is
admitted to bail the provisions of Sections 110-7 and 110-8 of
this Code shall be applicable.
However, the Supreme Court may, by rule or order, prescribe
a uniform schedule of amounts of bail if the offenses are
violent crimes classified as misdemeanors in all but felony
offenses. The uniform schedule shall not require a person cited
for violating the Illinois Vehicle Code or a similar provision
of a local ordinance for which a violation is a petty offense
as defined by Section 5-1-17 of the Unified Code of
Corrections, excluding business offenses as defined by Section
5-1-2 of the Unified Code of Corrections or a violation of

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Section 15-111 or subsection (d) of Section 3-401 of the
Illinois Vehicle Code, to post bond to secure bail for his or
her release. Such uniform schedule may provide that the cash
deposit provisions of Section 110-7 shall not apply to bail
amounts established for alleged violations punishable by fine
alone, and the schedule may further provide that in specified
traffic cases a valid Illinois chauffeur's or operator's
license must be deposited, in addition to 10% of the amount of
the bail specified in the schedule.
(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15.)