In 2014, a grand jury indicted Defendant for 1st degree murder. First trial ended in mistrial as jury could not reach unanimous verdict. In 2016, a jury in another county found Defendant not guilty. Defendant then filed motion for return of bond. After hearing, court ordered circuit clerk to retain $35,000, which is 10% of posted cash bond plus electronic monitoring costs. Statute which caps bail bond at $100 for defendants in counties with a population over 3 million, while all other counties may retain 10% of posted bail bond, does not violate uniformity clause, or equal protection, as larger counties have other sources to adequately fund bail bond system. Bail bond statute is not unconstitutional as applied to Defendant, as bail bond fee is a fee and not a fine which is a charge imposed on those who elect to use the benefit of posting 10% bond under Section 110-7 of the bail bond statute to help defray costs of bail bond system. (HARRIS and DeARMOND, concurring.)
Illinois Appellate Court
Criminal Court
Murder