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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||||
5 | Section 16-25 as follows: | |||||||||||||||||||||
6 | (720 ILCS 5/16-25) | |||||||||||||||||||||
7 | Sec. 16-25. Retail theft. | |||||||||||||||||||||
8 | (a) A person commits retail theft when he or she knowingly:
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9 | (1) Takes possession of, carries away, transfers or | |||||||||||||||||||||
10 | causes to be
carried away or transferred any merchandise | |||||||||||||||||||||
11 | displayed, held, stored or
offered for sale in a retail | |||||||||||||||||||||
12 | mercantile establishment with the intention
of retaining | |||||||||||||||||||||
13 | such merchandise or with the intention of depriving the
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14 | merchant permanently of the possession, use or benefit of | |||||||||||||||||||||
15 | such
merchandise without paying the full retail value of | |||||||||||||||||||||
16 | such merchandise; or
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17 | (2) Alters, transfers, or removes any label, price tag, | |||||||||||||||||||||
18 | marking,
indicia of value or any other markings which aid | |||||||||||||||||||||
19 | in determining value
affixed to any merchandise displayed, | |||||||||||||||||||||
20 | held, stored or offered for sale
in a retail mercantile | |||||||||||||||||||||
21 | establishment and attempts to purchase such
merchandise at | |||||||||||||||||||||
22 | less than the full
retail value with the intention of | |||||||||||||||||||||
23 | depriving the merchant of the full
retail value of such |
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1 | merchandise; or
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2 | (3) Transfers any merchandise displayed, held, stored | ||||||
3 | or offered for
sale in a retail mercantile establishment | ||||||
4 | from the container in or on
which such merchandise is | ||||||
5 | displayed to any other container with the
intention of | ||||||
6 | depriving the merchant of the full retail value of such
| ||||||
7 | merchandise; or
| ||||||
8 | (4) Under-rings with the intention of depriving the | ||||||
9 | merchant of the
full retail value of the merchandise; or
| ||||||
10 | (5) Removes a shopping cart from the premises of a | ||||||
11 | retail mercantile
establishment without the consent of the | ||||||
12 | merchant given at the time of
such removal with the | ||||||
13 | intention of depriving the merchant permanently of
the | ||||||
14 | possession, use or benefit of such cart; or
| ||||||
15 | (6) Represents to a merchant that he, she, or another | ||||||
16 | is the lawful owner
of property, knowing that such | ||||||
17 | representation is false, and conveys or attempts
to convey | ||||||
18 | that property to a merchant who is the owner of the | ||||||
19 | property in
exchange for money, merchandise credit or other | ||||||
20 | property of the merchant; or
| ||||||
21 | (7) Uses or possesses any theft detection shielding | ||||||
22 | device or theft
detection device remover with the intention | ||||||
23 | of using such device to deprive
the merchant permanently of | ||||||
24 | the possession, use or benefit of any
merchandise | ||||||
25 | displayed, held, stored or offered for sale in a retail
| ||||||
26 | mercantile establishment without paying the full retail |
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1 | value of such
merchandise; or
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2 | (8) Obtains or exerts unauthorized control over | ||||||
3 | property of the owner
and thereby intends to deprive the | ||||||
4 | owner permanently of the use or benefit
of the property | ||||||
5 | when a lessee of the personal property of another fails to
| ||||||
6 | return it to the owner, or if the lessee fails to pay the | ||||||
7 | full retail value
of such property to the lessor in | ||||||
8 | satisfaction of any contractual provision
requiring such, | ||||||
9 | within 10 days after written demand from the owner for its
| ||||||
10 | return. A notice in writing, given after the expiration of | ||||||
11 | the leasing
agreement, by registered mail, to the lessee at | ||||||
12 | the address given by the
lessee and shown on the leasing | ||||||
13 | agreement shall constitute proper demand. | ||||||
14 | (b) Theft by emergency exit. A person commits theft by | ||||||
15 | emergency exit when he or she commits a retail theft as defined | ||||||
16 | in subdivisions (a)(1) through (a)(8) of this Section and to | ||||||
17 | facilitate the theft he or she leaves the retail mercantile | ||||||
18 | establishment by use of a designated emergency exit. | ||||||
19 | (c) Permissive inference. If any person:
| ||||||
20 | (1) conceals upon his or her person or among his or her | ||||||
21 | belongings unpurchased
merchandise displayed, held, stored | ||||||
22 | or offered for sale in a retail
mercantile establishment; | ||||||
23 | and
| ||||||
24 | (2) removes that merchandise beyond the last known | ||||||
25 | station for
receiving payments for that merchandise in that | ||||||
26 | retail mercantile
establishment, |
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1 | then the trier of fact may infer that the person possessed, | ||||||
2 | carried
away or transferred such merchandise with the intention | ||||||
3 | of retaining it
or with the intention of depriving the merchant | ||||||
4 | permanently of the
possession, use or benefit of such | ||||||
5 | merchandise without paying the full
retail value of such | ||||||
6 | merchandise. | ||||||
7 | To "conceal" merchandise means that, although there may be | ||||||
8 | some notice of its presence, that merchandise is not visible | ||||||
9 | through ordinary observation. | ||||||
10 | (d) Venue. Multiple thefts committed by the same person as | ||||||
11 | part of a continuing course of conduct in different | ||||||
12 | jurisdictions that have been aggregated in one jurisdiction may | ||||||
13 | be prosecuted in any jurisdiction in which one or more of the | ||||||
14 | thefts occurred. | ||||||
15 | (e) For the purposes of this Section, "theft detection | ||||||
16 | shielding device" means any laminated or coated bag or device | ||||||
17 | designed and intended to shield merchandise from detection by | ||||||
18 | an electronic or magnetic theft alarm sensor. | ||||||
19 | (f) Sentence. | ||||||
20 | (1) A violation of any of subdivisions (a)(1) through | ||||||
21 | (a)(6) and (a)(8) of this Section, the full retail
value of | ||||||
22 | which does not exceed $300 for property other than motor | ||||||
23 | fuel or $150 for motor fuel, is a Class A misdemeanor. A | ||||||
24 | violation of subdivision (a)(7) of this Section is a Class | ||||||
25 | A misdemeanor for a first offense and a Class 4 felony for | ||||||
26 | a second or subsequent offense. Theft by emergency exit of |
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1 | property, the full retail
value of which does not exceed | ||||||
2 | $300, is a Class 4 felony.
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3 | (2) A person who has been convicted of retail theft of | ||||||
4 | property under any of subdivisions (a)(1) through (a)(6) | ||||||
5 | and (a)(8) of this Section, the
full retail value of which | ||||||
6 | does not exceed $300 for property other than motor fuel or | ||||||
7 | $150 for motor fuel, and who has 2 or more prior | ||||||
8 | convictions been
previously convicted of any type of theft, | ||||||
9 | robbery, armed robbery,
burglary, residential burglary, | ||||||
10 | possession of burglary tools, home
invasion, unlawful use | ||||||
11 | of a credit card, or forgery is guilty of a Class 4 felony. | ||||||
12 | A person who has been convicted of theft by emergency exit | ||||||
13 | of property, the
full retail value of which does not exceed | ||||||
14 | $300, and who has been
previously convicted of any type of | ||||||
15 | theft, robbery, armed robbery,
burglary, residential | ||||||
16 | burglary, possession of burglary tools, home
invasion, | ||||||
17 | unlawful use of a credit card, or forgery is guilty of a | ||||||
18 | Class 3 felony.
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19 | (3) Any retail theft of property under any of | ||||||
20 | subdivisions (a)(1) through (a)(6) and (a)(8) of this | ||||||
21 | Section, the full retail value of
which exceeds $300 for | ||||||
22 | property other than motor fuel or $150 for motor fuel in a | ||||||
23 | single transaction, or in separate transactions committed | ||||||
24 | by the same person as part of a continuing course of | ||||||
25 | conduct from one or more mercantile establishments over a | ||||||
26 | period of one year, is a Class 3 felony.
Theft by emergency |
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1 | exit of property, the full retail value of
which exceeds | ||||||
2 | $300 in a single transaction, or in separate transactions | ||||||
3 | committed by the same person as part of a continuing course | ||||||
4 | of conduct from one or more mercantile establishments over | ||||||
5 | a period of one year, is a Class 2 felony. When a charge of | ||||||
6 | retail theft of property or theft by emergency exit of | ||||||
7 | property, the full value of which
exceeds $300, is brought, | ||||||
8 | the value of the property involved is an element
of the | ||||||
9 | offense to be resolved by the trier of fact as either | ||||||
10 | exceeding or
not exceeding $300.
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11 | (4) A person sentenced under subdivision (f)(2) of this | ||||||
12 | Section for theft of property the full retail value of | ||||||
13 | which does not exceed $300 shall be required to make full | ||||||
14 | restitution to the merchant. | ||||||
15 | (Source: P.A. 97-597, eff. 1-1-12.) | ||||||
16 | Section 10. The Unified Code of Corrections is amended by | ||||||
17 | changing Section 5-5-6 as follows:
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18 | (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
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19 | Sec. 5-5-6. In all convictions for offenses in violation of | ||||||
20 | the Criminal
Code of 1961 or the Criminal Code of 2012 or of | ||||||
21 | Section 11-501 of the Illinois Vehicle Code in which the person | ||||||
22 | received any injury to his or her person or damage
to his or | ||||||
23 | her real or personal property as a result of the criminal act | ||||||
24 | of the
defendant, the court shall order restitution as provided |
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1 | in this Section. In
all other cases, except cases in which | ||||||
2 | restitution is required under this
Section, the court must at | ||||||
3 | the sentence hearing determine whether restitution
is an | ||||||
4 | appropriate sentence to be imposed on each defendant convicted | ||||||
5 | of an
offense. If the court determines that an order directing | ||||||
6 | the offender to make
restitution is appropriate, the offender | ||||||
7 | may be sentenced to make restitution.
The court may consider | ||||||
8 | restitution an appropriate sentence to be imposed on each | ||||||
9 | defendant convicted of an offense in addition to a sentence of | ||||||
10 | imprisonment. The sentence of the defendant to a term of | ||||||
11 | imprisonment is not a mitigating factor that prevents the court | ||||||
12 | from ordering the defendant to pay restitution. If
the offender | ||||||
13 | is sentenced to make restitution the Court shall determine the
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14 | restitution as hereinafter set forth:
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15 | (a) At the sentence hearing, the court shall determine | ||||||
16 | whether the
property
may be restored in kind to the | ||||||
17 | possession of the owner or the person entitled
to | ||||||
18 | possession thereof; or whether the defendant is possessed | ||||||
19 | of sufficient
skill to repair and restore property damaged; | ||||||
20 | or whether the defendant should
be required to make | ||||||
21 | restitution in cash, for out-of-pocket expenses, damages,
| ||||||
22 | losses, or injuries found to have been proximately caused | ||||||
23 | by the conduct
of the defendant or another for whom the | ||||||
24 | defendant is legally accountable
under the provisions of | ||||||
25 | Article 5 of the Criminal Code of 1961 or the Criminal Code | ||||||
26 | of 2012.
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1 | (b) In fixing the amount of restitution to be paid in | ||||||
2 | cash, the court
shall allow credit for property returned in | ||||||
3 | kind, for property damages ordered
to be repaired by the | ||||||
4 | defendant, and for property ordered to be restored
by the | ||||||
5 | defendant; and after granting the credit, the court shall | ||||||
6 | assess
the actual out-of-pocket expenses, losses, damages, | ||||||
7 | and injuries suffered
by the victim named in the charge and | ||||||
8 | any other victims who may also have
suffered out-of-pocket | ||||||
9 | expenses, losses, damages, and injuries proximately
caused | ||||||
10 | by the same criminal conduct of the defendant, and | ||||||
11 | insurance
carriers who have indemnified the named victim or | ||||||
12 | other victims for the
out-of-pocket expenses, losses, | ||||||
13 | damages, or injuries, provided that in no
event shall | ||||||
14 | restitution be ordered to be paid on account of pain and
| ||||||
15 | suffering. When a victim's out-of-pocket expenses have | ||||||
16 | been paid pursuant to the Crime Victims Compensation Act, | ||||||
17 | the court shall order restitution be paid to the | ||||||
18 | compensation program. If a defendant is placed on | ||||||
19 | supervision for, or convicted of,
domestic battery, the | ||||||
20 | defendant shall be required to pay restitution to any
| ||||||
21 | domestic violence shelter in which the victim and any other | ||||||
22 | family or household
members lived because of the domestic | ||||||
23 | battery. The amount of the restitution
shall equal the | ||||||
24 | actual expenses of the domestic violence shelter in | ||||||
25 | providing
housing and any other services for the victim and | ||||||
26 | any other family or household
members living at the |
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1 | shelter. If a defendant fails to pay restitution in
the | ||||||
2 | manner or within
the time period specified by the court, | ||||||
3 | the court may enter an order
directing the sheriff to seize | ||||||
4 | any real or personal property of a defendant
to the extent | ||||||
5 | necessary to satisfy the order of restitution and dispose | ||||||
6 | of
the property by public sale. All proceeds from such sale | ||||||
7 | in excess of the
amount of restitution plus court costs and | ||||||
8 | the costs of the sheriff in
conducting the sale shall be | ||||||
9 | paid to the defendant. The defendant convicted of
domestic | ||||||
10 | battery, if a person under 18 years of age was present and | ||||||
11 | witnessed the domestic battery of the
victim, is liable to | ||||||
12 | pay restitution for the cost of any counseling required
for
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13 | the child at the discretion of the court.
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14 | (c) In cases where more than one defendant is | ||||||
15 | accountable for the same
criminal conduct that results in | ||||||
16 | out-of-pocket expenses, losses, damages,
or injuries, each | ||||||
17 | defendant shall be ordered to pay restitution in the amount
| ||||||
18 | of the total actual out-of-pocket expenses, losses, | ||||||
19 | damages, or injuries
to the victim proximately caused by | ||||||
20 | the conduct of all of the defendants
who are legally | ||||||
21 | accountable for the offense.
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22 | (1) In no event shall the victim be entitled to | ||||||
23 | recover restitution in
excess of the actual | ||||||
24 | out-of-pocket expenses, losses, damages, or injuries,
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25 | proximately caused by the conduct of all of the | ||||||
26 | defendants.
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1 | (2) As between the defendants, the court may | ||||||
2 | apportion the restitution
that is payable in | ||||||
3 | proportion to each co-defendant's culpability in the
| ||||||
4 | commission of the offense.
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5 | (3) In the absence of a specific order apportioning | ||||||
6 | the restitution,
each defendant shall bear his pro rata | ||||||
7 | share of the restitution.
| ||||||
8 | (4) As between the defendants, each defendant | ||||||
9 | shall be entitled to a pro
rata reduction in the total | ||||||
10 | restitution required to be paid to the victim
for | ||||||
11 | amounts of restitution actually paid by co-defendants, | ||||||
12 | and defendants
who shall have paid more than their pro | ||||||
13 | rata share shall be entitled to
refunds to be computed | ||||||
14 | by the court as additional amounts are
paid by | ||||||
15 | co-defendants.
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16 | (d) In instances where a defendant has more than one | ||||||
17 | criminal charge
pending
against him in a single case, or | ||||||
18 | more than one case, and the defendant stands
convicted of | ||||||
19 | one or more charges, a plea agreement negotiated by the | ||||||
20 | State's
Attorney and the defendants may require the | ||||||
21 | defendant to make restitution
to victims of charges that | ||||||
22 | have been dismissed or which it is contemplated
will be | ||||||
23 | dismissed under the terms of the plea agreement, and under | ||||||
24 | the
agreement, the court may impose a sentence of | ||||||
25 | restitution on the charge
or charges of which the defendant | ||||||
26 | has been convicted that would require
the defendant to make |
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1 | restitution to victims of other offenses as provided
in the | ||||||
2 | plea agreement.
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3 | (e) The court may require the defendant to apply the | ||||||
4 | balance of the cash
bond, after payment of court costs, and | ||||||
5 | any fine that may be imposed to
the payment of restitution.
| ||||||
6 | (e-1) A person sentenced under subdivision (f)(2) of | ||||||
7 | Section 16-25 of the Criminal Code of 2012 for theft of | ||||||
8 | property the full retail value of which does not exceed | ||||||
9 | $300 shall be required to make full restitution to the | ||||||
10 | merchant. For purposes of this paragraph (e-1), "merchant" | ||||||
11 | has the meaning ascribed to the term in Section 16-0.1 of | ||||||
12 | the Criminal Code of 2012. | ||||||
13 | (f) Taking into consideration the ability of the | ||||||
14 | defendant to pay, including any real or personal property | ||||||
15 | or any other assets of the defendant,
the court shall | ||||||
16 | determine whether restitution shall be paid in a single
| ||||||
17 | payment or in installments, and shall fix a period of time | ||||||
18 | not in excess
of 5 years, except for violations of Sections | ||||||
19 | 16-1.3 and 17-56 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, or the period of time specified in | ||||||
21 | subsection (f-1), not including periods of incarceration, | ||||||
22 | within which payment of
restitution is to be paid in full.
| ||||||
23 | Complete restitution shall be paid in as short a time | ||||||
24 | period as possible.
However, if the court deems it | ||||||
25 | necessary and in the best interest of the
victim, the court | ||||||
26 | may extend beyond 5 years the period of time within which |
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| |||||||
1 | the
payment of restitution is to be paid.
If the defendant | ||||||
2 | is ordered to pay restitution and the court orders that
| ||||||
3 | restitution is to be paid over a period greater than 6 | ||||||
4 | months, the court
shall order that the defendant make | ||||||
5 | monthly payments; the court may waive
this requirement of | ||||||
6 | monthly payments only if there is a specific finding of
| ||||||
7 | good cause for waiver.
| ||||||
8 | (f-1)(1) In addition to any other penalty prescribed by | ||||||
9 | law and any restitution ordered under this Section that did | ||||||
10 | not include long-term physical health care costs, the court | ||||||
11 | may, upon conviction of any misdemeanor or felony, order a | ||||||
12 | defendant to pay restitution to a victim in accordance with | ||||||
13 | the provisions of this subsection (f-1) if the victim has | ||||||
14 | suffered physical injury as a result of the offense that is | ||||||
15 | reasonably probable to require or has required long-term | ||||||
16 | physical health care for more than 3 months. As used in | ||||||
17 | this subsection (f-1) "long-term physical health care" | ||||||
18 | includes mental health care.
| ||||||
19 | (2) The victim's estimate of long-term physical health | ||||||
20 | care costs may be made as part of a victim impact statement | ||||||
21 | under Section 6 of the Rights of Crime Victims and | ||||||
22 | Witnesses Act or made separately. The court shall enter the | ||||||
23 | long-term physical health care restitution order at the | ||||||
24 | time of sentencing. An order of restitution made under this | ||||||
25 | subsection (f-1) shall fix a monthly amount to be paid by | ||||||
26 | the defendant for as long as long-term physical health care |
| |||||||
| |||||||
1 | of the victim is required as a result of the offense. The | ||||||
2 | order may exceed the length of any sentence imposed upon | ||||||
3 | the defendant for the criminal activity. The court shall | ||||||
4 | include as a special finding in the judgment of conviction | ||||||
5 | its determination of the monthly cost of long-term physical | ||||||
6 | health care.
| ||||||
7 | (3) After a sentencing order has been entered, the | ||||||
8 | court may from time to time, on the petition of either the | ||||||
9 | defendant or the victim, or upon its own motion, enter an | ||||||
10 | order for restitution for long-term physical care or modify | ||||||
11 | the existing order for restitution for long-term physical | ||||||
12 | care as to the amount of monthly payments. Any modification | ||||||
13 | of the order shall be based only upon a substantial change | ||||||
14 | of circumstances relating to the cost of long-term physical | ||||||
15 | health care or the financial condition of either the | ||||||
16 | defendant or the victim. The petition shall be filed as | ||||||
17 | part of the original criminal docket.
| ||||||
18 | (g) In addition to the sentences provided for in | ||||||
19 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
20 | 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, | ||||||
21 | 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of | ||||||
22 | Section 11-14.4, of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, the court may
order any person who | ||||||
24 | is convicted of violating any of those Sections or who was | ||||||
25 | charged with any of those offenses and which charge was | ||||||
26 | reduced to another charge as a result of a plea agreement |
| |||||||
| |||||||
1 | under subsection (d) of this Section to meet
all or any | ||||||
2 | portion of the financial obligations of treatment, | ||||||
3 | including but not
limited to medical, psychiatric, or | ||||||
4 | rehabilitative treatment or psychological counseling,
| ||||||
5 | prescribed for the victim or victims of the offense.
| ||||||
6 | The payments shall be made by the defendant to the | ||||||
7 | clerk of the circuit
court
and transmitted by the clerk to | ||||||
8 | the appropriate person or agency as directed by
the court. | ||||||
9 | Except as otherwise provided in subsection (f-1), the
order | ||||||
10 | may require such payments to be made for a period not to
| ||||||
11 | exceed 5 years after sentencing, not including periods of | ||||||
12 | incarceration.
| ||||||
13 | (h) The judge may enter an order of withholding to | ||||||
14 | collect the amount
of restitution owed in accordance with | ||||||
15 | Part 8 of Article XII of the Code of
Civil Procedure.
| ||||||
16 | (i) A sentence of restitution may be modified or | ||||||
17 | revoked by the court
if the offender commits another | ||||||
18 | offense, or the offender fails to make
restitution as | ||||||
19 | ordered by the court, but no sentence to make restitution
| ||||||
20 | shall be revoked unless the court shall find that the | ||||||
21 | offender has had the
financial ability to make restitution, | ||||||
22 | and he has wilfully refused to do
so. When the offender's | ||||||
23 | ability to pay restitution was established at the time
an | ||||||
24 | order of restitution was entered or modified, or when the | ||||||
25 | offender's ability
to pay was based on the offender's | ||||||
26 | willingness to make restitution as part of a
plea agreement |
| |||||||
| |||||||
1 | made at the time the order of restitution was entered or
| ||||||
2 | modified, there is a rebuttable presumption that the facts | ||||||
3 | and circumstances
considered by the court at the hearing at | ||||||
4 | which the order of restitution was
entered or modified | ||||||
5 | regarding the offender's ability or willingness to pay
| ||||||
6 | restitution have not materially changed. If the court shall | ||||||
7 | find that the
defendant has failed to make
restitution and | ||||||
8 | that the failure is not wilful, the court may impose an
| ||||||
9 | additional period of time within which to make restitution. | ||||||
10 | The length of
the additional period shall not be more than | ||||||
11 | 2 years. The court shall
retain all of the incidents of the | ||||||
12 | original sentence, including the
authority to modify or | ||||||
13 | enlarge the conditions, and to revoke or further
modify the | ||||||
14 | sentence if the conditions of payment are violated during | ||||||
15 | the
additional period.
| ||||||
16 | (j) The procedure upon the filing of a Petition to | ||||||
17 | Revoke a sentence to
make restitution shall be the same as | ||||||
18 | the procedures set forth in Section
5-6-4 of this Code | ||||||
19 | governing violation, modification, or revocation of
| ||||||
20 | Probation, of Conditional Discharge, or of Supervision.
| ||||||
21 | (k) Nothing contained in this Section shall preclude | ||||||
22 | the right of any
party to proceed in a civil action to | ||||||
23 | recover for any damages incurred due
to the criminal | ||||||
24 | misconduct of the defendant.
| ||||||
25 | (l) Restitution ordered under this Section shall not be
| ||||||
26 | subject to disbursement by the circuit clerk under Section |
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1 | 27.5 of the
Clerks of Courts Act.
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2 | (m) A restitution order under this Section is a | ||||||
3 | judgment lien in favor
of
the victim that:
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4 | (1) Attaches to the property of the person subject | ||||||
5 | to the order;
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6 | (2) May be perfected in the same manner as provided | ||||||
7 | in Part 3 of Article
9 of the Uniform Commercial Code;
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8 | (3) May be enforced to satisfy any payment that is | ||||||
9 | delinquent under the
restitution order by the person in | ||||||
10 | whose favor the order is issued or the
person's | ||||||
11 | assignee; and
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12 | (4) Expires in the same manner as a judgment lien | ||||||
13 | created in a civil
proceeding.
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14 | When a restitution order is issued under this Section, | ||||||
15 | the issuing court
shall send a certified copy of the order | ||||||
16 | to the clerk of the circuit court
in the county where the | ||||||
17 | charge was filed. Upon receiving the order, the
clerk shall | ||||||
18 | enter and index the order in the circuit court judgment | ||||||
19 | docket.
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20 | (n) An order of restitution under this Section does not | ||||||
21 | bar
a civil action for:
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22 | (1) Damages that the court did not require the | ||||||
23 | person to pay to the
victim under the restitution order | ||||||
24 | but arise from an injury or property
damages that is | ||||||
25 | the basis of restitution ordered by the court; and
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26 | (2) Other damages suffered by the victim.
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1 | The restitution order is not discharged by the
completion | ||||||
2 | of the sentence imposed for the offense.
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3 | A restitution order under this Section is not discharged by | ||||||
4 | the
liquidation of a person's estate by a receiver. A | ||||||
5 | restitution order under
this Section may be enforced in the | ||||||
6 | same manner as judgment liens are
enforced under Article XII of | ||||||
7 | the Code of Civil Procedure.
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8 | The provisions of Section 2-1303 of the Code of Civil | ||||||
9 | Procedure,
providing for interest on judgments, apply to | ||||||
10 | judgments for restitution entered
under this Section.
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11 | (Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||||||
12 | 97-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff. | ||||||
13 | 1-25-13.)
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