SB1304 Engrossed LRB099 07058 MRW 27141 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 changing Section 124A-15 as follows:
6		(725 ILCS 5/124A-15)
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, a
16		refund of those costs shall be determined by the judge and paid
17		by the clerk of the court. The timing of the refund payment
18		shall be determined by the clerk of the court based upon the
19		availability of funds in the subject fund account the clerk or
20		judge shall give him or her a certificate of the payment of
21		those costs, fine, or fees with the items of those expenses,
22		which, when audited and approved according to law, shall be
23		refunded to the defendant.

SB1304 Engrossed - 2 - LRB099 07058 MRW 27141 b
1		(b) To receive a refund under this Section, a defendant
2		must submit a request for the refund to the clerk of the court
3		on a form and in a manner prescribed by the clerk. The
4		defendant must attach to the form an order from the court
5		demonstrating the defendant's right to the refund and the
6		amount of the refund.
7		(Source: P.A. 98-943, eff. 1-1-15.)