Public Act 90-0465 of the 90th General Assembly
Public Act 90-0465
HB1101 Enrolled LRB9003677MWcdA
AN ACT concerning civil proceedings.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-5-6 as follows:
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
Sec. 5-5-6. In all convictions for offenses in violation
of the Criminal Code of 1961 in which the person received any
injury to their person or damage to their real or personal
property as a result of the criminal act of the defendant,
the court shall order restitution as provided in this
Section. When the offender is sentenced to make restitution
the Court shall determine the restitution as hereinafter set
forth:
(a) At the sentence hearing, the court shall
determine whether the property may be restored in kind to
the possession of the owner or the person entitled to
possession thereof; or whether the defendant is possessed
of sufficient skill to repair and restore property
damaged; or whether the defendant should be required to
make restitution in cash, for out-of-pocket expenses,
damages, losses, or injuries found to have been
proximately caused by the conduct of the defendant or
another for whom the defendant is legally accountable
under the provisions of Article V of the Criminal Code of
1961.
(b) In fixing the amount of restitution to be paid
in cash, the court shall allow credit for property
returned in kind, for property damages ordered to be
repaired by the defendant, and for property ordered to be
restored by the defendant; and after granting the credit,
the court shall assess the actual out-of-pocket expenses,
losses, damages, and injuries suffered by the victim
named in the charge and any other victims who may also
have suffered out-of-pocket expenses, losses, damages,
and injuries proximately caused by the same criminal
conduct of the defendant, and insurance carriers who have
indemnified the named victim or other victims for the
out-of-pocket expenses, losses, damages, or injuries,
provided that in no event shall restitution be ordered to
be paid on account of pain and suffering. If a defendant
is placed on supervision for, or convicted of, domestic
battery, the defendant shall be required to pay
restitution to any domestic violence shelter in which the
victim and any other family or household members lived
because of the domestic battery. The amount of the
restitution shall equal the actual expenses of the
domestic violence shelter in providing housing and any
other services for the victim and any other family or
household members living at the shelter. If a defendant
fails to pay restitution in the manner or within the time
period specified by the court, the court may enter an
order directing the sheriff to seize any real or personal
property of a defendant to the extent necessary to
satisfy the order of restitution and dispose of the
property by public sale. All proceeds from such sale in
excess of the amount of restitution plus court costs and
the costs of the sheriff in conducting the sale shall be
paid to the defendant.
(c) In cases where more than one defendant is
accountable for the same criminal conduct that results in
out-of-pocket expenses, losses, damages, or injuries,
each defendant shall be ordered to pay restitution in the
amount of the total actual out-of-pocket expenses,
losses, damages, or injuries to the victim proximately
caused by the conduct of all of the defendants who are
legally accountable for the offense.
(1) In no event shall the victim be entitled
to recover restitution in excess of the actual
out-of-pocket expenses, losses, damages, or
injuries, proximately caused by the conduct of all
of the defendants.
(2) As between the defendants, the court may
apportion the restitution that is payable in
proportion to each co-defendant's culpability in the
commission of the offense.
(3) In the absence of a specific order
apportioning the restitution, each defendant shall
bear his pro rata share of the restitution.
(4) As between the defendants, each defendant
shall be entitled to a pro rata reduction in the
total restitution required to be paid to the victim
for amounts of restitution actually paid by
co-defendants, and defendants who shall have paid
more than their pro rata share shall be entitled to
refunds to be computed by the court as additional
amounts are paid by co-defendants.
(d) In instances where a defendant has more than
one criminal charge pending against him in a single case,
or more than one case, and the defendant stands convicted
of one or more charges, a plea agreement negotiated by
the State's Attorney and the defendants may require the
defendant to make restitution to victims of charges that
have been dismissed or which it is contemplated will be
dismissed under the terms of the plea agreement, and
under the agreement, the court may impose a sentence of
restitution on the charge or charges of which the
defendant has been convicted that would require the
defendant to make restitution to victims of other
offenses as provided in the plea agreement.
(e) The court may require the defendant to apply
the balance of the cash bond, after payment of court
costs, and any fine that may be imposed to the payment of
restitution.
(f) Taking into consideration the ability of the
defendant to pay, the court shall determine whether
restitution shall be paid in a single payment or in
installments, and shall fix a period of time not in
excess of 5 years, not including periods of
incarceration, within which payment of restitution is to
be paid in full. However, if the court deems it necessary
and in the best interest of the victim, the court may
extend beyond 5 years the period of time within which the
payment of restitution is to be paid. If the defendant is
ordered to pay restitution and the court orders that
restitution is to be paid over a period greater than 6
months, the court shall order that the defendant make
monthly payments; the court may waive this requirement of
monthly payments only if there is a specific finding of
good cause for waiver.
(g) The court shall, after determining that the
defendant has the ability to pay, require the defendant
to pay for the victim's counseling services if:
(1) the defendant was convicted of an offense
under Sections 11-19.2, 11-20.1, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of
1961, or was charged with such an offense and the
charge was reduced to another charge as a result of
a plea agreement under subsection (d) of this
Section, and
(2) the victim was under 18 years of age at
the time the offense was committed and requires
counseling as a result of the offense.
The payments shall be made by the defendant to the
clerk of the circuit court and transmitted by the clerk
to the appropriate person or agency as directed by the
court. The order may require such payments to be made
for a period not to exceed 5 years after sentencing, not
including periods of incarceration.
(h) The judge may enter an order of withholding to
collect the amount of restitution owed in accordance with
Part 8 of Article XII of the Code of Civil Procedure.
(i) A sentence of restitution may be modified or
revoked by the court if the offender commits another
offense, or the offender fails to make restitution as
ordered by the court, but no sentence to make restitution
shall be revoked unless the court shall find that the
offender has had the financial ability to make
restitution, and he has wilfully refused to do so. If
the court shall find that the defendant has failed to
make restitution and that the failure is not wilful, the
court may impose an additional period of time within
which to make restitution. The length of the additional
period shall not be more than 2 years. The court shall
retain all of the incidents of the original sentence,
including the authority to modify or enlarge the
conditions, and to revoke or further modify the sentence
if the conditions of payment are violated during the
additional period.
(j) The procedure upon the filing of a Petition to
Revoke a sentence to make restitution shall be the same
as the procedures set forth in Section 5-6-4 of this Code
governing violation, modification, or revocation of
Probation, of Conditional Discharge, or of Supervision.
(k) Nothing contained in this Section shall
preclude the right of any party to proceed in a civil
action to recover for any damages incurred due to the
criminal misconduct of the defendant.
(l) Restitution ordered under this Section shall
not be subject to disbursement by the circuit clerk under
Section 27.5 of the Clerks of Courts Act.
(m) A restitution order under this Section is a
judgment lien in favor of the victim that:
(1) Attaches to the property of the person
subject to the order;
(2) May be perfected in the same manner as
provided in Part 3 of Article 9 of the Uniform
Commercial Code;
(3) May be enforced to satisfy any payment
that is delinquent under the restitution order by
the person in whose favor the order is issued or the
person's assignee; and
(4) Expires in the same manner as a judgment
lien created in a civil proceeding.
When a restitution order is issued under this
Section, the issuing court shall send a certified copy of
the order to the clerk of the circuit court in the county
where the charge was filed. Upon receiving the order,
the clerk shall enter and index the order in the circuit
court judgment docket.
(n) An order of restitution under this Section does
not bar a civil action for:
(1) Damages that the court did not require the
person to pay to the victim under the restitution
order but arise from an injury or property damages
that is the basis of restitution ordered by the
court; and
(2) Other damages suffered by the victim.
The restitution order is not discharged by the completion
of the sentence imposed for the offense.
A restitution order under this Section is not discharged
by the liquidation of a person's estate by a receiver. A
restitution order under this Section may be enforced in the
same manner as judgment liens are enforced under Article XII
of the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil
Procedure, providing for interest on judgments, apply to
judgments for restitution entered under this Section.
(Source: P.A. 88-237; 89-198, eff. 7-21-95; 89-203, eff.
7-21-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689,
eff. 12-31-96.)