Bill Text: IL SB2870 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that a person for whom bail has been set may execute the bail bond by depositing with the clerk of the court before which the proceeding is pending a surety bond in an amount equal to 25% of the bail, executed by a surety approved by the court.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2870 Detail]

Download: Illinois-2011-SB2870-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2870 Introduced 2/1/2012, by Sen. Mike Jacobs SYNOPSIS AS INTRODUCED:
725 ILCS 5/110-7 from Ch. 38, par. 110-7
Amends the Code of Criminal Procedure of 1963. Provides that a person for whom bail has been set may execute the bail bond by depositing with the clerk of the court before which the proceeding is pending a surety bond in an amount equal to 25% of the bail, executed by a surety approved by the court.
LRB097 16338 RLC 61493 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2870 LRB097 16338 RLC 61493 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 Section 110-7 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 either: (1) a sum of money equal to
10% of the bail, but in no event shall such deposit be less
than $25; or (2) a surety bond in an amount equal to 25% of the
bail, executed by a surety approved by the court. 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

SB2870 - 2 - LRB097 16338 RLC 61493 b
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.

SB2870 - 3 - LRB097 16338 RLC 61493 b
(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

SB2870 - 4 - LRB097 16338 RLC 61493 b
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

SB2870 - 5 - LRB097 16338 RLC 61493 b
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

SB2870 - 6 - LRB097 16338 RLC 61493 b
to the payment of the judgment.
(i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, 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 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

SB2870 - 7 - LRB097 16338 RLC 61493 b
of Courts Act.
(Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12.)