725 ILCS 5/110-7
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 (from Ch. 38, par. 110-7)(Section scheduled to be repealed on January 1, 2023)Sec. 110-7.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.  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 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 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.  Notwithstanding the foregoing, in counties with a population of 3,000,000 or more, in no event shall the amount retained by the clerk as bail bond costs exceed $100. 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  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 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  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 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.(j) This Section is repealed on January 1, 2023. (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21. Repealed by P.A. 102-28. Reenacted by P.A.  102-687, eff. 12-17-21.)