HB 3009 — CRIM PRO-RESTORE CASH BAIL

Summary

Restores certain provisions of Code of Criminal Procedure of 1963 concerning cash bail to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Provides that if the defendant is acquitted, the court shall order 100% of the defendant's bail deposit returned to the defendant or to the defendant's designee by an assignment executed at the time the bail amount is deposited. Deletes a provision that in no event shall the amount retained by the clerk of the court as bail bond costs be less than $5 and deletes in counties with a population of 3,000,000 or more in no event shall the amount retained by the clerk of the court as bail bond costs exceed $100. Effective immediately.

Bill Text

• Introduced View text Current pdf

Compared against the Illinois Compiled Statutes as published AI-generated reading aid — verify against the official bill.

The bill reinstates cash bail provisions by changing references from 'pretrial release' to 'bail' and modifies related definitions and requirements.

• 5 ILCS 70/1.43

  release, denial of release, conditions of release, or violations of the conditions of release → bail, denial of bail, conditions of bail, or forfeiture of bail

  Changes statutory language to replace 'pretrial release' with 'bail' and its related terms.

• 725 ILCS 5/102-6

  "Pretrial release" has the meaning ascribed to bail in Section 9 of Article I of the Illinois Constitution where the sureties provided are nonmonetary in nature. → "Pretrial release" "Bail" has the meaning ascribed to bail in Section 9 of Article I of the Illinois Constitution that is non-monetary means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody in order that he will appear before the court in which his appearance may be required and that he will comply with such conditions as set forth in the bail bond.

  Updates the definition of 'pretrial release' to include cash bail concepts.

• 725 ILCS 5/102-7

  "Conditions of pretrial release" means the requirements imposed upon a criminal defendant by the court under Section 110-5. → "Conditions of pretrial release" "Bail bond" means the conditions established by the court an undertaking secured by bail entered into by a person in custody by which he binds himself to comply with such conditions as are set forth therein.

  Revises the definition to replace 'conditions of pretrial release' with 'bail bond' terminology.

• 725 ILCS 5/103-5

  pretrial release or recognizance → bail or recognizance

  Modifies references in the speedy trial provisions to use 'bail' instead of 'pretrial release'.

• 725 ILCS 5/103-5

  the provisions of this subsection (a) do not apply to a person on pretrial release or recognizance for an offense but who is in custody for a violation of his or her parole, aftercare release, or mandatory supervised release for another offense. → the provisions of this subsection (a) do not apply to a person on pretrial release bail or recognizance for an offense but who is in custody for a violation of his or her parole, aftercare release, or mandatory supervised release for another offense.

  Updates language to reflect the change from 'pretrial release' to 'bail'.

Action History

1. June 09, 2023

   Added Co-Sponsor Rep. Travis Weaver

2. February 16, 2023

   Referred to Rules Committee

3. February 16, 2023

   First Reading

4. February 16, 2023

   Filed with the Clerk by Rep. Dan Ugaste

Sponsors

• Daniel J. Ugaste · Primary
• Travis Weaver · Cosponsor

Subjects