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91_HB0867
LRB9104589KSdv
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-5-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-5-6 as follows:
7 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
8 Sec. 5-5-6. Restitution. In all convictions for
9 offenses in violation of the Criminal Code of 1961 in which
10 the person received any injury to their person or damage to
11 their real or personal property as a result of the criminal
12 act of the defendant, the court shall order restitution as
13 provided in this Section. When the offender is sentenced to
14 make restitution the Court shall determine the restitution as
15 hereinafter set forth:
16 (a) At the sentence hearing, the court shall
17 determine whether the property may be restored in kind to
18 the possession of the owner or the person entitled to
19 possession thereof; or whether the defendant is possessed
20 of sufficient skill to repair and restore property
21 damaged; or whether the defendant should be required to
22 make restitution in cash, for out-of-pocket expenses,
23 damages, losses, or injuries found to have been
24 proximately caused by the conduct of the defendant or
25 another for whom the defendant is legally accountable
26 under the provisions of Article V of the Criminal Code of
27 1961.
28 (b) In fixing the amount of restitution to be paid
29 in cash, the court shall allow credit for property
30 returned in kind, for property damages ordered to be
31 repaired by the defendant, and for property ordered to be
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1 restored by the defendant; and after granting the credit,
2 the court shall assess the actual out-of-pocket expenses,
3 losses, damages, and injuries suffered by the victim
4 named in the charge and any other victims who may also
5 have suffered out-of-pocket expenses, losses, damages,
6 and injuries proximately caused by the same criminal
7 conduct of the defendant, and insurance carriers who have
8 indemnified the named victim or other victims for the
9 out-of-pocket expenses, losses, damages, or injuries,
10 provided that in no event shall restitution be ordered to
11 be paid on account of pain and suffering. If a defendant
12 is placed on supervision for, or convicted of, domestic
13 battery, the defendant shall be required to pay
14 restitution to any domestic violence shelter in which the
15 victim and any other family or household members lived
16 because of the domestic battery. The amount of the
17 restitution shall equal the actual expenses of the
18 domestic violence shelter in providing housing and any
19 other services for the victim and any other family or
20 household members living at the shelter. If a defendant
21 fails to pay restitution in the manner or within the time
22 period specified by the court, the court may enter an
23 order directing the sheriff to seize any real or personal
24 property of a defendant to the extent necessary to
25 satisfy the order of restitution and dispose of the
26 property by public sale. All proceeds from such sale in
27 excess of the amount of restitution plus court costs and
28 the costs of the sheriff in conducting the sale shall be
29 paid to the defendant.
30 (c) In cases where more than one defendant is
31 accountable for the same criminal conduct that results in
32 out-of-pocket expenses, losses, damages, or injuries,
33 each defendant shall be ordered to pay restitution in the
34 amount of the total actual out-of-pocket expenses,
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1 losses, damages, or injuries to the victim proximately
2 caused by the conduct of all of the defendants who are
3 legally accountable for the offense.
4 (1) In no event shall the victim be entitled
5 to recover restitution in excess of the actual
6 out-of-pocket expenses, losses, damages, or
7 injuries, proximately caused by the conduct of all
8 of the defendants.
9 (2) As between the defendants, the court may
10 apportion the restitution that is payable in
11 proportion to each co-defendant's culpability in the
12 commission of the offense.
13 (3) In the absence of a specific order
14 apportioning the restitution, each defendant shall
15 bear his pro rata share of the restitution.
16 (4) As between the defendants, each defendant
17 shall be entitled to a pro rata reduction in the
18 total restitution required to be paid to the victim
19 for amounts of restitution actually paid by
20 co-defendants, and defendants who shall have paid
21 more than their pro rata share shall be entitled to
22 refunds to be computed by the court as additional
23 amounts are paid by co-defendants.
24 (d) In instances where a defendant has more than
25 one criminal charge pending against him in a single case,
26 or more than one case, and the defendant stands convicted
27 of one or more charges, a plea agreement negotiated by
28 the State's Attorney and the defendants may require the
29 defendant to make restitution to victims of charges that
30 have been dismissed or which it is contemplated will be
31 dismissed under the terms of the plea agreement, and
32 under the agreement, the court may impose a sentence of
33 restitution on the charge or charges of which the
34 defendant has been convicted that would require the
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1 defendant to make restitution to victims of other
2 offenses as provided in the plea agreement.
3 (e) The court may require the defendant to apply
4 the balance of the cash bond, after payment of court
5 costs, and any fine that may be imposed to the payment of
6 restitution.
7 (f) Taking into consideration the ability of the
8 defendant to pay, the court shall determine whether
9 restitution shall be paid in a single payment or in
10 installments, and shall fix a period of time not in
11 excess of 5 years, not including periods of
12 incarceration, within which payment of restitution is to
13 be paid in full. However, if the court deems it necessary
14 and in the best interest of the victim, the court may
15 extend beyond 5 years the period of time within which the
16 payment of restitution is to be paid. If the defendant is
17 ordered to pay restitution and the court orders that
18 restitution is to be paid over a period greater than 6
19 months, the court shall order that the defendant make
20 monthly payments; the court may waive this requirement of
21 monthly payments only if there is a specific finding of
22 good cause for waiver.
23 (g) The court shall, after determining that the
24 defendant has the ability to pay, require the defendant
25 to pay for the victim's counseling services if:
26 (1) the defendant was convicted of an offense
27 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
28 12-14.1, 12-15 or 12-16 of the Criminal Code of
29 1961, or was charged with such an offense and the
30 charge was reduced to another charge as a result of
31 a plea agreement under subsection (d) of this
32 Section, and
33 (2) the victim was under 18 years of age at
34 the time the offense was committed and requires
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1 counseling as a result of the offense.
2 The payments shall be made by the defendant to the
3 clerk of the circuit court and transmitted by the clerk
4 to the appropriate person or agency as directed by the
5 court. The order may require such payments to be made
6 for a period not to exceed 5 years after sentencing, not
7 including periods of incarceration.
8 (h) The judge may enter an order of withholding to
9 collect the amount of restitution owed in accordance with
10 Part 8 of Article XII of the Code of Civil Procedure.
11 (i) A sentence of restitution may be modified or
12 revoked by the court if the offender commits another
13 offense, or the offender fails to make restitution as
14 ordered by the court, but no sentence to make restitution
15 shall be revoked unless the court shall find that the
16 offender has had the financial ability to make
17 restitution, and he has wilfully refused to do so. If
18 the court shall find that the defendant has failed to
19 make restitution and that the failure is not wilful, the
20 court may impose an additional period of time within
21 which to make restitution. The length of the additional
22 period shall not be more than 2 years. The court shall
23 retain all of the incidents of the original sentence,
24 including the authority to modify or enlarge the
25 conditions, and to revoke or further modify the sentence
26 if the conditions of payment are violated during the
27 additional period.
28 (j) The procedure upon the filing of a Petition to
29 Revoke a sentence to make restitution shall be the same
30 as the procedures set forth in Section 5-6-4 of this Code
31 governing violation, modification, or revocation of
32 Probation, of Conditional Discharge, or of Supervision.
33 (k) Nothing contained in this Section shall
34 preclude the right of any party to proceed in a civil
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1 action to recover for any damages incurred due to the
2 criminal misconduct of the defendant.
3 (l) Restitution ordered under this Section shall
4 not be subject to disbursement by the circuit clerk under
5 Section 27.5 of the Clerks of Courts Act.
6 (m) A restitution order under this Section is a
7 judgment lien in favor of the victim that:
8 (1) Attaches to the property of the person
9 subject to the order;
10 (2) May be perfected in the same manner as
11 provided in Part 3 of Article 9 of the Uniform
12 Commercial Code;
13 (3) May be enforced to satisfy any payment
14 that is delinquent under the restitution order by
15 the person in whose favor the order is issued or the
16 person's assignee; and
17 (4) Expires in the same manner as a judgment
18 lien created in a civil proceeding.
19 When a restitution order is issued under this
20 Section, the issuing court shall send a certified copy of
21 the order to the clerk of the circuit court in the county
22 where the charge was filed. Upon receiving the order,
23 the clerk shall enter and index the order in the circuit
24 court judgment docket.
25 (n) An order of restitution under this Section does
26 not bar a civil action for:
27 (1) Damages that the court did not require the
28 person to pay to the victim under the restitution
29 order but arise from an injury or property damages
30 that is the basis of restitution ordered by the
31 court; and
32 (2) Other damages suffered by the victim.
33 The restitution order is not discharged by the completion
34 of the sentence imposed for the offense.
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1 A restitution order under this Section is not discharged
2 by the liquidation of a person's estate by a receiver. A
3 restitution order under this Section may be enforced in the
4 same manner as judgment liens are enforced under Article XII
5 of the Code of Civil Procedure.
6 The provisions of Section 2-1303 of the Code of Civil
7 Procedure, providing for interest on judgments, apply to
8 judgments for restitution entered under this Section.
9 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
10 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff.
11 12-31-96; 90-465, eff. 1-1-98.)