CRIM PRO-RESTORE CASH BAIL

Session: 103rd General Assembly
Year: 2023
Bill #: HB3009
Category: Courts
Position: Under Review
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

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.



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