|
| | SB2650 Engrossed | | LRB098 15935 RLC 50982 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by adding Section 124A-15 as follows:
|
| 6 | | (725 ILCS 5/124A-15 new) |
| 7 | | Sec. 124A-15. Reversal of conviction; refund of fines, |
| 8 | | fees, and costs. |
| 9 | | (a) A defendant convicted in a criminal prosecution whose |
| 10 | | conviction is reversed by a finding of factual innocence in a |
| 11 | | collateral proceeding such as habeas corpus or post-conviction |
| 12 | | relief under Article 122 of this Code is not liable for any |
| 13 | | costs or fees of the court or circuit clerk's office, or for |
| 14 | | any charge of subsistence while detained in custody. If the |
| 15 | | defendant has paid any costs, fine, or fees, in the case, the |
| 16 | | clerk or judge shall give him or her a certificate of the |
| 17 | | payment of those costs, fine, or fees with the items of those |
| 18 | | expenses, which, when audited and approved according to law, |
| 19 | | shall be refunded to the defendant. |
| 20 | | (b) To receive a refund under this Section, a defendant |
| 21 | | must submit a request for the refund to the clerk of the court |
| 22 | | on a form and in a manner prescribed by the clerk. The |
| 23 | | defendant must attach to the form an order from the court |