725 ILCS 5/110-8
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title III - Proceedings After Arrest

 (from Ch. 38, par. 110-8)(Section scheduled to be repealed on January 1, 2023)Sec. 110-8. Cash, stocks, bonds and real estate as security for bail.(a) In lieu of the bail deposit provided for in Section 110-7 of this  Code any person for whom bail has been set may execute the bail bond with  or without sureties which bond may be secured:(1) By a deposit, with the clerk of the court, of an amount equal to the  required bail, of cash, or stocks and bonds in which trustees are  authorized to invest trust funds under the laws of this State; or(2) By real estate situated in this State with unencumbered equity not  exempt owned by the accused or sureties worth double the amount of bail set  in the bond.(b) If the bail bond is secured by stocks and bonds the accused or  sureties shall file with the bond a sworn schedule which shall be approved  by the court and shall contain:(1) A list of the stocks and bonds deposited     describing each in sufficient detail that it may be identified;(2) The market value of each stock and bond;(3) The total market value of the stocks and bonds     listed;(4) A statement that the affiant is the sole owner of     the stocks and bonds listed and they are not exempt from the enforcement of a judgment thereon;(5) A statement that such stocks and bonds have not     previously been used or accepted as bail in this State during the 12 months preceding the date of the bail bond; and(6) A statement that such stocks and bonds are     security for the appearance of the accused in accordance with the conditions of the bail bond.(c) If the bail bond is secured by real estate the accused or sureties  shall file with the bond a sworn schedule which shall contain:(1) A legal description of the real estate;(2) A description of any and all encumbrances on the     real estate including the amount of each and the holder thereof;(3) The market value of the unencumbered equity owned     by the affiant;(4) A statement that the affiant is the sole owner of     such unencumbered equity and that it is not exempt from the enforcement of a judgment thereon;(5) A statement that the real estate has not     previously been used or accepted as bail in this State during the 12 months preceding the date of the bail bond; and(6) A statement that the real estate is security for     the appearance of the accused in accordance with the conditions of the bail bond.(d) The sworn schedule shall constitute a material part of the bail  bond. The affiant commits perjury if in the sworn schedule he makes a false  statement which he does not believe to be true. He shall be prosecuted and  punished accordingly, or, he may be punished for contempt.(e) A certified copy of the bail bond and schedule of real estate shall  be filed immediately in the office of the registrar of titles or recorder  of the county in which the real estate is situated and the State  shall have a lien on such real estate from the time such copies are filed  in the office of the registrar of titles or recorder. The  registrar of titles or recorder shall enter, index and record (or  register as the case may be) such bail bonds and schedules without  requiring any advance fee, which fee shall be taxed as costs in the  proceeding and paid out of such costs when collected.(f) When the conditions of the bail bond have been performed and the  accused has been discharged from his obligations in the cause, the clerk of  the court shall return to him or his sureties the deposit of any cash,  stocks or bonds. If the bail bond has been secured by real estate the clerk  of the court shall forthwith notify in writing the registrar of titles or  recorder and the lien of the bail bond on the real estate shall be  discharged.(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 by  the clerk of the court to the accused and his sureties at their 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 against the accused and his sureties for the amount of the bail and  costs of the proceedings; however,  in counties with a population of less than  3,000,000, if the defendant has  posted a  cash bond, 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.(h) When judgment is entered in favor of the State on any bail bond  given for a felony or misdemeanor, or judgement for a political subdivision  of the state on any bail bond given for a quasi-criminal or traffic  offense, the State's Attorney or political subdivision's attorney shall  forthwith obtain a certified copy of the  judgment and deliver same to the  sheriff to be enforced by levy on the stocks or  bonds deposited with  the clerk of the court and the real estate described in the bail bond  schedule. Any cash forfeited under subsection (g) of this  Section shall be used to satisfy the judgment and costs and, without  necessity of levy, ordered paid  into the treasury of the municipal corporation wherein the bail bond was  taken if the offense was a violation of any penal ordinance of a political  subdivision of this State, or into the treasury of the county wherein the  bail bond was taken if the offense was a violation of any penal statute of  this State, or to the person or entity to whom child support or maintenance  is owed if the bond was taken for failure to appear in a matter involving child  support or maintenance. The stocks, bonds and real estate shall be sold in  the same  manner as in sales for the enforcement of a judgment in  civil actions and the proceeds of such sale  shall be used to satisfy all court costs, prior encumbrances, if any, and  from the balance a sufficient amount to satisfy the judgment shall be paid  into the treasury of the municipal corporation wherein the bail bond was  taken if the offense was a violation of any penal ordinance of a political  subdivision of this State, or into the treasury of the county wherein the  bail bond was taken if the offense was a violation of any penal statute of  this State. The balance shall be returned to the owner. The real estate so  sold may be redeemed in the same manner as real estate may be redeemed  after judicial sales or sales for the enforcement of  judgments in civil actions.(i) No stocks, bonds or real estate may be used or accepted as bail bond  security in this State more than once in any 12 month period.(j) This Section is repealed on January 1, 2023. (Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A.  102-687, eff. 12-17-21.)