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1 | AMENDMENT TO HOUSE BILL 4857
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2 | AMENDMENT NO. ______. Amend House Bill 4857 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | adding Section 5-5-6.1 as follows: | ||||||
6 | (730 ILCS 5/5-5-6.1 new) | ||||||
7 | Sec. 5-5-6.1. Restitution for expenditure of
official | ||||||
8 | advanced funds to law enforcement agencies. | ||||||
9 | (a) In all convictions for offenses in violation of Section | ||||||
10 | 5, 5.1, 5.2, or 9 of the Cannabis Control Act,
Section 401, | ||||||
11 | 401.1, 404, 405, 405.1, 405.2, or 407 of the Illinois | ||||||
12 | Controlled Substances Act, or Section 15, 20, 25, 30, 55, 56, | ||||||
13 | or 65 of the
Methamphetamine Control and Community Protection | ||||||
14 | Act, the court shall order restitution for: | ||||||
15 | (1) any United States Currency official advanced funds | ||||||
16 | expended by a law enforcement agency
or local drug task |
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1 | force to purchase cannabis, controlled substances, or | ||||||
2 | methamphetamine or
substance to produce or manufacture, or | ||||||
3 | both, methamphetamine; and | ||||||
4 | (2) any currency used in the investigation leading to | ||||||
5 | the arrest and conviction. | ||||||
6 | (b) Restitution under this Section shall not exceed the | ||||||
7 | actual amount expended, minus any official
advanced funds | ||||||
8 | recovered, by the law enforcement agency or task force during | ||||||
9 | the investigation.
Restitution shall be in addition to any | ||||||
10 | other fine, fee, or cost authorized by law. | ||||||
11 | (c) Restitution shall apply to any agreed or contested | ||||||
12 | sentence and may be submitted to the court by
way of affidavit | ||||||
13 | setting forth the amount of restitution requested, the name of | ||||||
14 | the defendant, and
the name of the law enforcement agency or | ||||||
15 | task force. | ||||||
16 | (d)
The court may require the defendant to apply the | ||||||
17 | balance of the cash bond, after payment of
court costs, and any | ||||||
18 | fine that may be imposed to the payment of restitution. ".
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