Bill Text: IL SB3256 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides a person subject to bail under the Code for a Category B offense shall have $30 deducted from his or her monetary bail every day the person is incarcerated. Provides any sum of money deposited by any person to secure his or her release from custody which remains unclaimed by the person entitled to its return for 3 years after the conditions of the bail bond have been performed and the accused has been discharged from all obligations in the cause shall be presumed to be abandoned and subject to disposition under the Revised Uniform Unclaimed Property Act. Eliminates publishing requirements and other provisions concerning unclaimed bail deposits. Effective immediately.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2018-07-16 - Public Act . . . . . . . . . 100-0606 [SB3256 Detail]

Download: Illinois-2017-SB3256-Engrossed.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 110-14 and 110-17 as follows:
6 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
7 Sec. 110-14. Credit for incarceration on bailable offense;
8credit against monetary bail for certain offenses.
9 (a) Any person incarcerated on a bailable offense who does
10not supply bail and against whom a fine is levied on conviction
11of the offense shall be allowed a credit of $5 for each day so
12incarcerated upon application of the defendant. However, in no
13case shall the amount so allowed or credited exceed the amount
14of the fine.
15 (b) Subsection (a) does not apply to a person incarcerated
16for sexual assault as defined in paragraph (1) of subsection
17(a) of Section 5-9-1.7 of the Unified Code of Corrections.
18 (c) A person subject to bail under Section 110-5 of this
19Act for on a Category B offense shall have $30 deducted from
20his or her monetary bail every day the person is incarcerated.
21(Source: P.A. 100-1, eff. 1-1-18.)
22 (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)

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1 Sec. 110-17. Unclaimed Bail Deposits. Any Notwithstanding
2the provisions of the Revised Uniform Unclaimed Property Act,
3any sum of money deposited by any person to secure his or her
4release from custody which remains unclaimed by the person
5entitled to its return for 3 years after the conditions of the
6bail bond have been performed and the accused has been
7discharged from all obligations in the cause shall be presumed
8to be abandoned and subject to disposition under the Revised
9Uniform Unclaimed Property Act.
10 (a) (Blank). The clerk of the circuit court, as soon
11thereafter as practicable, shall cause notice to be published
12once, in English, in a newspaper or newspapers of general
13circulation in the county wherein the deposit of bond was
14received.
15 (b) (Blank). The published notice shall be entitled "Notice
16of Persons Appearing to be Owners of Abandoned Property" and
17shall contain:
18 (1) The names, in alphabetical order, of persons to
19 whom the notice is directed.
20 (2) A statement that information concerning the amount
21 of the property may be obtained by any persons possessing
22 an interest in the property by making an inquiry at the
23 office of the clerk of the circuit court at a location
24 designated by him.
25 (3) A statement that if proof of claim is not presented
26 by the owner to the clerk of the circuit court and if the

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1 owner's right to receive the property is not established to
2 the satisfaction of the clerk of the court within 65 days
3 from the date of the published notice, the abandoned
4 property will be placed in the custody of the treasurer of
5 the county, not later than 85 days after such publication,
6 to whom all further claims must thereafter be directed. If
7 the claim is established as aforesaid and after deducting
8 an amount not to exceed $20 to cover the cost of notice
9 publication and related clerical expenses, the clerk of the
10 court shall make payment to the person entitled thereto.
11 (4) The clerk of the circuit court is not required to
12 publish in such notice any items of less than $100 unless
13 he deems such publication in the public interest.
14 (c) (Blank). Any clerk of the circuit court who has caused
15notice to be published as provided by this Section shall,
16within 20 days after the time specified in this Section for
17claiming the property from the clerk of the court, pay or
18deliver to the treasurer of the county having jurisdiction of
19the offense, whether the bond was taken there or any other
20county, all sums deposited as specified in this section less
21such amounts as may have been returned to the persons whose
22rights to receive the sums deposited have been established to
23the satisfaction of the clerk of the circuit court. Any clerk
24of the circuit court who transfers such sums to the county
25treasury including sums deposited by persons whose names are
26not required to be set forth in the published notice aforesaid,

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1is relieved of all liability for such sums as have been
2transferred as unclaimed bail deposits or any claim which then
3exists or which thereafter may arise or be made in respect to
4such sums.
5 (d) (Blank). The treasurer of the county shall keep just
6and true accounts of all moneys paid into the treasury, and if
7any person appears within 5 years after the deposit of moneys
8by the clerk of the circuit court and claims any money paid
9into the treasury, he shall file a claim therefor on the form
10prescribed by the treasurer of the county who shall consider
11any claim filed under this Act and who may, in his discretion,
12hold a hearing and receive evidence concerning it. The
13treasurer of the county shall prepare a finding and the
14decision in writing on each hearing, stating the substance of
15any evidence heard by him, his findings of fact in respect
16thereto, and the reasons for his decision. The decision shall
17be a public record.
18 (e) (Blank). All claims which are not filed within the 5
19year period shall be forever barred.
20(Source: P.A. 100-22, eff. 1-1-18.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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