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90_HB1101sam001
LRB9003677RCksam
1 AMENDMENT TO HOUSE BILL 1101
2 AMENDMENT NO. . Amend House Bill 1101 by replacing
3 the title with the following:
4 "AN ACT concerning civil proceedings."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Unified Code of Corrections is amended
8 by changing Section 5-5-6 as follows:
9 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
10 Sec. 5-5-6. In all convictions for offenses in violation
11 of the Criminal Code of 1961 in which the person received any
12 injury to their person or damage to their real or personal
13 property as a result of the criminal act of the defendant,
14 the court shall order restitution as provided in this
15 Section. When the offender is sentenced to make restitution
16 the Court shall determine the restitution as hereinafter set
17 forth:
18 (a) At the sentence hearing, the court shall
19 determine whether the property may be restored in kind to
20 the possession of the owner or the person entitled to
21 possession thereof; or whether the defendant is possessed
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1 of sufficient skill to repair and restore property
2 damaged; or whether the defendant should be required to
3 make restitution in cash, for out-of-pocket expenses,
4 damages, losses, or injuries found to have been
5 proximately caused by the conduct of the defendant or
6 another for whom the defendant is legally accountable
7 under the provisions of Article V of the Criminal Code of
8 1961.
9 (b) In fixing the amount of restitution to be paid
10 in cash, the court shall allow credit for property
11 returned in kind, for property damages ordered to be
12 repaired by the defendant, and for property ordered to be
13 restored by the defendant; and after granting the credit,
14 the court shall assess the actual out-of-pocket expenses,
15 losses, damages, and injuries suffered by the victim
16 named in the charge and any other victims who may also
17 have suffered out-of-pocket expenses, losses, damages,
18 and injuries proximately caused by the same criminal
19 conduct of the defendant, and insurance carriers who have
20 indemnified the named victim or other victims for the
21 out-of-pocket expenses, losses, damages, or injuries,
22 provided that in no event shall restitution be ordered to
23 be paid on account of pain and suffering. If a defendant
24 is placed on supervision for, or convicted of, domestic
25 battery, the defendant shall be required to pay
26 restitution to any domestic violence shelter in which the
27 victim and any other family or household members lived
28 because of the domestic battery. The amount of the
29 restitution shall equal the actual expenses of the
30 domestic violence shelter in providing housing and any
31 other services for the victim and any other family or
32 household members living at the shelter. If a defendant
33 fails to pay restitution in the manner or within the time
34 period specified by the court, the court may enter an
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1 order directing the sheriff to seize any real or personal
2 property of a defendant to the extent necessary to
3 satisfy the order of restitution and dispose of the
4 property by public sale. All proceeds from such sale in
5 excess of the amount of restitution plus court costs and
6 the costs of the sheriff in conducting the sale shall be
7 paid to the defendant.
8 (c) In cases where more than one defendant is
9 accountable for the same criminal conduct that results in
10 out-of-pocket expenses, losses, damages, or injuries,
11 each defendant shall be ordered to pay restitution in the
12 amount of the total actual out-of-pocket expenses,
13 losses, damages, or injuries to the victim proximately
14 caused by the conduct of all of the defendants who are
15 legally accountable for the offense.
16 (1) In no event shall the victim be entitled
17 to recover restitution in excess of the actual
18 out-of-pocket expenses, losses, damages, or
19 injuries, proximately caused by the conduct of all
20 of the defendants.
21 (2) As between the defendants, the court may
22 apportion the restitution that is payable in
23 proportion to each co-defendant's culpability in the
24 commission of the offense.
25 (3) In the absence of a specific order
26 apportioning the restitution, each defendant shall
27 bear his pro rata share of the restitution.
28 (4) As between the defendants, each defendant
29 shall be entitled to a pro rata reduction in the
30 total restitution required to be paid to the victim
31 for amounts of restitution actually paid by
32 co-defendants, and defendants who shall have paid
33 more than their pro rata share shall be entitled to
34 refunds to be computed by the court as additional
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1 amounts are paid by co-defendants.
2 (d) In instances where a defendant has more than
3 one criminal charge pending against him in a single case,
4 or more than one case, and the defendant stands convicted
5 of one or more charges, a plea agreement negotiated by
6 the State's Attorney and the defendants may require the
7 defendant to make restitution to victims of charges that
8 have been dismissed or which it is contemplated will be
9 dismissed under the terms of the plea agreement, and
10 under the agreement, the court may impose a sentence of
11 restitution on the charge or charges of which the
12 defendant has been convicted that would require the
13 defendant to make restitution to victims of other
14 offenses as provided in the plea agreement.
15 (e) The court may require the defendant to apply
16 the balance of the cash bond, after payment of court
17 costs, and any fine that may be imposed to the payment of
18 restitution.
19 (f) Taking into consideration the ability of the
20 defendant to pay, the court shall determine whether
21 restitution shall be paid in a single payment or in
22 installments, and shall fix a period of time not in
23 excess of 5 years, not including periods of
24 incarceration, within which payment of restitution is to
25 be paid in full. However, if the court deems it necessary
26 and in the best interest of the victim, the court may
27 extend beyond 5 years the period of time within which the
28 payment of restitution is to be paid. If the defendant is
29 ordered to pay restitution and the court orders that
30 restitution is to be paid over a period greater than 6
31 months, the court shall order that the defendant make
32 monthly payments; the court may waive this requirement of
33 monthly payments only if there is a specific finding of
34 good cause for waiver.
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1 (g) The court shall, after determining that the
2 defendant has the ability to pay, require the defendant
3 to pay for the victim's counseling services if:
4 (1) the defendant was convicted of an offense
5 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
6 12-14.1, 12-15 or 12-16 of the Criminal Code of
7 1961, or was charged with such an offense and the
8 charge was reduced to another charge as a result of
9 a plea agreement under subsection (d) of this
10 Section, and
11 (2) the victim was under 18 years of age at
12 the time the offense was committed and requires
13 counseling as a result of the offense.
14 The payments shall be made by the defendant to the
15 clerk of the circuit court and transmitted by the clerk
16 to the appropriate person or agency as directed by the
17 court. The order may require such payments to be made
18 for a period not to exceed 5 years after sentencing, not
19 including periods of incarceration.
20 (h) The judge may enter an order of withholding to
21 collect the amount of restitution owed in accordance with
22 Part 8 of Article XII of the Code of Civil Procedure.
23 (i) A sentence of restitution may be modified or
24 revoked by the court if the offender commits another
25 offense, or the offender fails to make restitution as
26 ordered by the court, but no sentence to make restitution
27 shall be revoked unless the court shall find that the
28 offender has had the financial ability to make
29 restitution, and he has wilfully refused to do so. If
30 the court shall find that the defendant has failed to
31 make restitution and that the failure is not wilful, the
32 court may impose an additional period of time within
33 which to make restitution. The length of the additional
34 period shall not be more than 2 years. The court shall
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1 retain all of the incidents of the original sentence,
2 including the authority to modify or enlarge the
3 conditions, and to revoke or further modify the sentence
4 if the conditions of payment are violated during the
5 additional period.
6 (j) The procedure upon the filing of a Petition to
7 Revoke a sentence to make restitution shall be the same
8 as the procedures set forth in Section 5-6-4 of this Code
9 governing violation, modification, or revocation of
10 Probation, of Conditional Discharge, or of Supervision.
11 (k) Nothing contained in this Section shall
12 preclude the right of any party to proceed in a civil
13 action to recover for any damages incurred due to the
14 criminal misconduct of the defendant.
15 (l) Restitution ordered under this Section shall
16 not be subject to disbursement by the circuit clerk under
17 Section 27.5 of the Clerks of Courts Act.
18 (m) A restitution order under this Section is a
19 judgment lien in favor of the victim that:
20 (1) Attaches to the property of the person
21 subject to the order;
22 (2) May be perfected in the same manner as
23 provided in Part 3 of Article 9 of the Uniform
24 Commercial Code;
25 (3) May be enforced to satisfy any payment
26 that is delinquent under the restitution order by
27 the person in whose favor the order is issued or the
28 person's assignee; and
29 (4) Expires in the same manner as a judgment
30 lien created in a civil proceeding.
31 When a restitution order is issued under this
32 Section, the issuing court shall send a certified copy of
33 the order to the clerk of the circuit court in the county
34 where the charge was filed. Upon receiving the order,
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1 the clerk shall enter and index the order in the circuit
2 court judgment docket.
3 (n) An order of restitution under this Section does
4 not bar a civil action for:
5 (1) Damages that the court did not require the
6 person to pay to the victim under the restitution
7 order but arise from an injury or property damages
8 that is the basis of restitution ordered by the
9 court; and
10 (2) Other damages suffered by the victim.
11 The restitution order is not discharged by the completion
12 of the sentence imposed for the offense.
13 A restitution order under this Section is not discharged
14 by the liquidation of a person's estate by a receiver. A
15 restitution order under this Section may be enforced in the
16 same manner as judgment liens are enforced under Article XII
17 of the Code of Civil Procedure.
18 The provisions of Section 2-1303 of the Code of Civil
19 Procedure, providing for interest on judgments, apply to
20 judgments for restitution entered under this Section.
21 (Source: P.A. 88-237; 89-198, eff. 7-21-95; 89-203, eff.
22 7-21-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689,
23 eff. 12-31-96.)".