Tuesday, February 23, 2010

Chicago Criminal lawyer comments on pending legislation that would have the accused pay the arresting officers

This Chicago Criminal lawyer has posted here and here about the significant increase in court fees and fines. Now comes news of pending legislation that would have the accused pay the cops that make the arrest.

HB6141
Amends the Code of Criminal Procedure of 1963. Provides that when a court appearance is required for an alleged violation of the Criminal Code of 1961, the Illinois Vehicle Code, the Wildlife Code, the Fish and Aquatic Life Code, the Child Passenger Protection Act, or a comparable violation of an ordinance 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 penalty of $100. Provides that the penalty 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. Provides that the clerk of the court shall remit $95 of the penalty assessed to the arresting agency who brings the offender in on the arrest warrant. Provides that the clerk of the court shall remit $5 of the penalty assessed to the Circuit Court Clerk Operation and Administrative Fund.
On it's face, I suspect if the warrant is issued in error, that won't remove the fee to the cops that brought the defendant into custody. It also doesn't seem to have any exceptions. Just because you have a court case that doesn't mean a number of unexpected things can't happen to preclude your appearance including, snow and inclement weather, giving birth, having an accident, being shot, being held by law enforcement at the time the warrant was issued, etc.

This type of insanity renders me at a complete and utter lost for words.

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