Rep. Tom Cross

Filed: 3/26/2014

 

 


 

 


 
09800HB4857ham001LRB098 16484 RLC 57161 a

1
AMENDMENT TO HOUSE BILL 4857

2    AMENDMENT NO. ______. Amend House Bill 4857 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5adding Section 5-5-6.1 as follows:
 
6    (730 ILCS 5/5-5-6.1 new)
7    Sec. 5-5-6.1. Restitution for expenditure of official
8advanced funds to law enforcement agencies.
9    (a) In all convictions for offenses in violation of Section
105, 5.1, 5.2, or 9 of the Cannabis Control Act, Section 401,
11401.1, 404, 405, 405.1, 405.2, or 407 of the Illinois
12Controlled Substances Act, or Section 15, 20, 25, 30, 55, 56,
13or 65 of the Methamphetamine Control and Community Protection
14Act, the court shall order restitution for:
15        (1) any United States Currency official advanced funds
16    expended by a law enforcement agency or local drug task

 

 

09800HB4857ham001- 2 -LRB098 16484 RLC 57161 a

1    force to purchase cannabis, controlled substances, or
2    methamphetamine or substance to produce or manufacture, or
3    both, methamphetamine; and
4        (2) any currency used in the investigation leading to
5    the arrest and conviction.
6    (b) Restitution under this Section shall not exceed the
7actual amount expended, minus any official advanced funds
8recovered, by the law enforcement agency or task force during
9the investigation. Restitution shall be in addition to any
10other fine, fee, or cost authorized by law.
11    (c) Restitution shall apply to any agreed or contested
12sentence and may be submitted to the court by way of affidavit
13setting forth the amount of restitution requested, the name of
14the defendant, and the name of the law enforcement agency or
15task force.
16    (d) The court may require the defendant to apply the
17balance of the cash bond, after payment of court costs, and any
18fine that may be imposed to the payment of restitution.".