[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_HB1101enr
5 ILCS 350/2 from Ch. 127, par. 1302
Amends the State Employee Indemnification Act. Provides
that the Attorney General shall not determine an employee's
conduct was intentional, wilful, or wanton if the employee
was not disciplined or if the employee contested discipline
and prevailed by grievance, arbitration, or Civil Service
Commission proceeding. Provides that if the Attorney General
declines to represent the employee or withdraws and the
employee prevails at trial, by motion, or by settlement or a
court or jury finds that the act or omission was within the
scope of employment and was not intentional, wilful, or
wanton misconduct, the State shall indemnify the employee for
any damages awarded and court costs and attorneys' fees
assessed as part of a final and unreversed judgment.
Provides that the State shall also pay the employee's court
costs, litigation expenses, and reasonable attorneys' fees.
Deletes current provisions concerning indemnification of
State employees. Effective immediately.
LRB9003677MWcdA
HB1101 Enrolled LRB9003677MWcdA
1 AN ACT concerning civil proceedings.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-5-6 as follows:
6 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
7 Sec. 5-5-6. In all convictions for offenses in violation
8 of the Criminal Code of 1961 in which the person received any
9 injury to their person or damage to their real or personal
10 property as a result of the criminal act of the defendant,
11 the court shall order restitution as provided in this
12 Section. When the offender is sentenced to make restitution
13 the Court shall determine the restitution as hereinafter set
14 forth:
15 (a) At the sentence hearing, the court shall
16 determine whether the property may be restored in kind to
17 the 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
20 damaged; or whether the defendant should be required to
21 make restitution in cash, for out-of-pocket expenses,
22 damages, losses, or injuries found to have been
23 proximately caused by the conduct of the defendant or
24 another for whom the defendant is legally accountable
25 under the provisions of Article V of the Criminal Code of
26 1961.
27 (b) In fixing the amount of restitution to be paid
28 in cash, the court shall allow credit for property
29 returned in kind, for property damages ordered to be
30 repaired by the defendant, and for property ordered to be
31 restored by the defendant; and after granting the credit,
HB1101 Enrolled -2- LRB9003677MWcdA
1 the court shall assess the actual out-of-pocket expenses,
2 losses, damages, and injuries suffered by the victim
3 named in the charge and any other victims who may also
4 have suffered out-of-pocket expenses, losses, damages,
5 and injuries proximately caused by the same criminal
6 conduct of the defendant, and insurance carriers who have
7 indemnified the named victim or other victims for the
8 out-of-pocket expenses, losses, damages, or injuries,
9 provided that in no event shall restitution be ordered to
10 be paid on account of pain and suffering. If a defendant
11 is placed on supervision for, or convicted of, domestic
12 battery, the defendant shall be required to pay
13 restitution to any domestic violence shelter in which the
14 victim and any other family or household members lived
15 because of the domestic battery. The amount of the
16 restitution shall equal the actual expenses of the
17 domestic violence shelter in providing housing and any
18 other services for the victim and any other family or
19 household members living at the shelter. If a defendant
20 fails to pay restitution in the manner or within the time
21 period specified by the court, the court may enter an
22 order directing the sheriff to seize any real or personal
23 property of a defendant to the extent necessary to
24 satisfy the order of restitution and dispose of the
25 property by public sale. All proceeds from such sale in
26 excess of the amount of restitution plus court costs and
27 the costs of the sheriff in conducting the sale shall be
28 paid to the defendant.
29 (c) In cases where more than one defendant is
30 accountable for the same criminal conduct that results in
31 out-of-pocket expenses, losses, damages, or injuries,
32 each defendant shall be ordered to pay restitution in the
33 amount of the total actual out-of-pocket expenses,
34 losses, damages, or injuries to the victim proximately
HB1101 Enrolled -3- LRB9003677MWcdA
1 caused by the conduct of all of the defendants who are
2 legally accountable for the offense.
3 (1) In no event shall the victim be entitled
4 to recover restitution in excess of the actual
5 out-of-pocket expenses, losses, damages, or
6 injuries, proximately caused by the conduct of all
7 of the defendants.
8 (2) As between the defendants, the court may
9 apportion the restitution that is payable in
10 proportion to each co-defendant's culpability in the
11 commission of the offense.
12 (3) In the absence of a specific order
13 apportioning the restitution, each defendant shall
14 bear his pro rata share of the restitution.
15 (4) As between the defendants, each defendant
16 shall be entitled to a pro rata reduction in the
17 total restitution required to be paid to the victim
18 for amounts of restitution actually paid by
19 co-defendants, and defendants who shall have paid
20 more than their pro rata share shall be entitled to
21 refunds to be computed by the court as additional
22 amounts are paid by co-defendants.
23 (d) In instances where a defendant has more than
24 one criminal charge pending against him in a single case,
25 or more than one case, and the defendant stands convicted
26 of one or more charges, a plea agreement negotiated by
27 the State's Attorney and the defendants may require the
28 defendant to make restitution to victims of charges that
29 have been dismissed or which it is contemplated will be
30 dismissed under the terms of the plea agreement, and
31 under the agreement, the court may impose a sentence of
32 restitution on the charge or charges of which the
33 defendant has been convicted that would require the
34 defendant to make restitution to victims of other
HB1101 Enrolled -4- LRB9003677MWcdA
1 offenses as provided in the plea agreement.
2 (e) The court may require the defendant to apply
3 the balance of the cash bond, after payment of court
4 costs, and any fine that may be imposed to the payment of
5 restitution.
6 (f) Taking into consideration the ability of the
7 defendant to pay, the court shall determine whether
8 restitution shall be paid in a single payment or in
9 installments, and shall fix a period of time not in
10 excess of 5 years, not including periods of
11 incarceration, within which payment of restitution is to
12 be paid in full. However, if the court deems it necessary
13 and in the best interest of the victim, the court may
14 extend beyond 5 years the period of time within which the
15 payment of restitution is to be paid. If the defendant is
16 ordered to pay restitution and the court orders that
17 restitution is to be paid over a period greater than 6
18 months, the court shall order that the defendant make
19 monthly payments; the court may waive this requirement of
20 monthly payments only if there is a specific finding of
21 good cause for waiver.
22 (g) The court shall, after determining that the
23 defendant has the ability to pay, require the defendant
24 to pay for the victim's counseling services if:
25 (1) the defendant was convicted of an offense
26 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
27 12-14.1, 12-15 or 12-16 of the Criminal Code of
28 1961, or was charged with such an offense and the
29 charge was reduced to another charge as a result of
30 a plea agreement under subsection (d) of this
31 Section, and
32 (2) the victim was under 18 years of age at
33 the time the offense was committed and requires
34 counseling as a result of the offense.
HB1101 Enrolled -5- LRB9003677MWcdA
1 The payments shall be made by the defendant to the
2 clerk of the circuit court and transmitted by the clerk
3 to the appropriate person or agency as directed by the
4 court. The order may require such payments to be made
5 for a period not to exceed 5 years after sentencing, not
6 including periods of incarceration.
7 (h) The judge may enter an order of withholding to
8 collect the amount of restitution owed in accordance with
9 Part 8 of Article XII of the Code of Civil Procedure.
10 (i) A sentence of restitution may be modified or
11 revoked by the court if the offender commits another
12 offense, or the offender fails to make restitution as
13 ordered by the court, but no sentence to make restitution
14 shall be revoked unless the court shall find that the
15 offender has had the financial ability to make
16 restitution, and he has wilfully refused to do so. If
17 the court shall find that the defendant has failed to
18 make restitution and that the failure is not wilful, the
19 court may impose an additional period of time within
20 which to make restitution. The length of the additional
21 period shall not be more than 2 years. The court shall
22 retain all of the incidents of the original sentence,
23 including the authority to modify or enlarge the
24 conditions, and to revoke or further modify the sentence
25 if the conditions of payment are violated during the
26 additional period.
27 (j) The procedure upon the filing of a Petition to
28 Revoke a sentence to make restitution shall be the same
29 as the procedures set forth in Section 5-6-4 of this Code
30 governing violation, modification, or revocation of
31 Probation, of Conditional Discharge, or of Supervision.
32 (k) Nothing contained in this Section shall
33 preclude the right of any party to proceed in a civil
34 action to recover for any damages incurred due to the
HB1101 Enrolled -6- LRB9003677MWcdA
1 criminal misconduct of the defendant.
2 (l) Restitution ordered under this Section shall
3 not be subject to disbursement by the circuit clerk under
4 Section 27.5 of the Clerks of Courts Act.
5 (m) A restitution order under this Section is a
6 judgment lien in favor of the victim that:
7 (1) Attaches to the property of the person
8 subject to the order;
9 (2) May be perfected in the same manner as
10 provided in Part 3 of Article 9 of the Uniform
11 Commercial Code;
12 (3) May be enforced to satisfy any payment
13 that is delinquent under the restitution order by
14 the person in whose favor the order is issued or the
15 person's assignee; and
16 (4) Expires in the same manner as a judgment
17 lien created in a civil proceeding.
18 When a restitution order is issued under this
19 Section, the issuing court shall send a certified copy of
20 the order to the clerk of the circuit court in the county
21 where the charge was filed. Upon receiving the order,
22 the clerk shall enter and index the order in the circuit
23 court judgment docket.
24 (n) An order of restitution under this Section does
25 not bar a civil action for:
26 (1) Damages that the court did not require the
27 person to pay to the victim under the restitution
28 order but arise from an injury or property damages
29 that is the basis of restitution ordered by the
30 court; and
31 (2) Other damages suffered by the victim.
32 The restitution order is not discharged by the completion
33 of the sentence imposed for the offense.
34 A restitution order under this Section is not discharged
HB1101 Enrolled -7- LRB9003677MWcdA
1 by the liquidation of a person's estate by a receiver. A
2 restitution order under this Section may be enforced in the
3 same manner as judgment liens are enforced under Article XII
4 of the Code of Civil Procedure.
5 The provisions of Section 2-1303 of the Code of Civil
6 Procedure, providing for interest on judgments, apply to
7 judgments for restitution entered under this Section.
8 (Source: P.A. 88-237; 89-198, eff. 7-21-95; 89-203, eff.
9 7-21-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689,
10 eff. 12-31-96.)