2013 IL App (1st) 90833
Ill. App. Ct.2013Background
- Costa was convicted after a jury trial of two counts of violation of bail bond under 720 ILCS 5/32-10(a).
- Costa forfeited bail by failing to appear on November 15, 2006 and had a 30-day surrender period.
- He was arrested in Hawaii on December 12, 2006 and extradited to Illinois, remaining in custody during the last 3 days of the surrender period.
- Trial included jury instructions on willful surrender and a jury question about whether arrest within 30 days defeats willfulness; the court responded with supplemental language.
- Costa was sentenced on March 6, 2009 to two concurrent three-year terms and fined for several items, later challenged on appeal.
- The appellate court reversed the bail-bond convictions and vacated the challenged fines and fees, vacating 07 CR 1771 components as well.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether surrender within 30 days was willful | Costa | Costa | Not willful; Ratliff controls |
| Whether fines and fees were improper | People | Costa | Vacated as unauthorized |
| Jury instructions/response viability | People | Costa | Not reached; reversed |
Key Cases Cited
- People v. Ratliff, 65 Ill.2d 314 (1966) (willfulness requires ability to surrender after period)
- People v. Artis, 232 Ill.2d 156 (2009) (binding; Ratliff control applies to incarceration issue)
- People v. Albarran, 40 Ill. App.3d 344 (1976) (distinguishes nonwillful failure when able to surrender)
- People v. Lynn, 89 Ill. App.3d 712 (1980) (willful surrender requires knowledge; excusable failure when incarcerated)