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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-5-6 as follows:
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6 | (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
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7 | Sec. 5-5-6. In all convictions for offenses in violation of | ||||||
8 | the Criminal
Code of 1961 or of Section 11-501 of the Illinois | ||||||
9 | Vehicle Code in which the person received any injury to his or | ||||||
10 | her their person or damage
to his or her their real or personal | ||||||
11 | property as a result of the criminal act of the
defendant, the | ||||||
12 | court shall order restitution as provided in this Section. In
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13 | all other cases, except cases in which restitution is required | ||||||
14 | under this
Section, the court must at the sentence hearing | ||||||
15 | determine whether restitution
is an appropriate sentence to be | ||||||
16 | imposed on each defendant convicted of an
offense. If the court | ||||||
17 | determines that an order directing the offender to make
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18 | restitution is appropriate, the offender may be sentenced to | ||||||
19 | make restitution.
The court may consider restitution an | ||||||
20 | appropriate sentence to be imposed on each defendant convicted | ||||||
21 | of an offense in addition to a sentence of imprisonment. The | ||||||
22 | sentence of the defendant to a term of imprisonment is not a | ||||||
23 | mitigating factor that prevents the court from ordering the |
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1 | defendant to pay restitution. If
the offender is sentenced to | ||||||
2 | make restitution the Court shall determine the
restitution as | ||||||
3 | hereinafter set forth:
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4 | (a) At the sentence hearing, the court shall determine | ||||||
5 | whether the
property
may be restored in kind to the | ||||||
6 | possession of the owner or the person entitled
to | ||||||
7 | possession thereof; or whether the defendant is possessed | ||||||
8 | of sufficient
skill to repair and restore property damaged; | ||||||
9 | or whether the defendant should
be required to make | ||||||
10 | restitution in cash, for out-of-pocket expenses, damages,
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11 | losses, or injuries found to have been proximately caused | ||||||
12 | by the conduct
of the defendant or another for whom the | ||||||
13 | defendant is legally accountable
under the provisions of | ||||||
14 | Article V of the Criminal Code of 1961.
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15 | (b) In fixing the amount of restitution to be paid in | ||||||
16 | cash, the court
shall allow credit for property returned in | ||||||
17 | kind, for property damages ordered
to be repaired by the | ||||||
18 | defendant, and for property ordered to be restored
by the | ||||||
19 | defendant; and after granting the credit, the court shall | ||||||
20 | assess
the actual out-of-pocket expenses, losses, damages, | ||||||
21 | and injuries suffered
by the victim named in the charge and | ||||||
22 | any other victims who may also have
suffered out-of-pocket | ||||||
23 | expenses, losses, damages, and injuries proximately
caused | ||||||
24 | by the same criminal conduct of the defendant, and | ||||||
25 | insurance
carriers who have indemnified the named victim or | ||||||
26 | other victims for the
out-of-pocket expenses, losses, |
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1 | damages, or injuries, provided that in no
event shall | ||||||
2 | restitution be ordered to be paid on account of pain and
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3 | suffering. If a defendant is placed on supervision for, or | ||||||
4 | convicted of,
domestic battery, the defendant shall be | ||||||
5 | required to pay restitution to any
domestic violence | ||||||
6 | shelter in which the victim and any other family or | ||||||
7 | household
members lived because of the domestic battery. | ||||||
8 | The amount of the restitution
shall equal the actual | ||||||
9 | expenses of the domestic violence shelter in providing
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10 | housing and any other services for the victim and any other | ||||||
11 | family or household
members living at the shelter. If a | ||||||
12 | defendant fails to pay restitution in
the manner or within
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13 | the time period specified by the court, the court may enter | ||||||
14 | an order
directing the sheriff to seize any real or | ||||||
15 | personal property of a defendant
to the extent necessary to | ||||||
16 | satisfy the order of restitution and dispose of
the | ||||||
17 | property by public sale. All proceeds from such sale in | ||||||
18 | excess of the
amount of restitution plus court costs and | ||||||
19 | the costs of the sheriff in
conducting the sale shall be | ||||||
20 | paid to the defendant. The defendant convicted of
domestic | ||||||
21 | battery, if a person under 18 years of age was present and | ||||||
22 | witnessed the domestic battery of the
victim, is liable to | ||||||
23 | pay restitution for the cost of any counseling required
for
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24 | the child at the discretion of the court.
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25 | (c) In cases where more than one defendant is | ||||||
26 | accountable for the same
criminal conduct that results in |
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1 | out-of-pocket expenses, losses, damages,
or injuries, each | ||||||
2 | defendant shall be ordered to pay restitution in the amount
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3 | of the total actual out-of-pocket expenses, losses, | ||||||
4 | damages, or injuries
to the victim proximately caused by | ||||||
5 | the conduct of all of the defendants
who are legally | ||||||
6 | accountable for the offense.
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7 | (1) In no event shall the victim be entitled to | ||||||
8 | recover restitution in
excess of the actual | ||||||
9 | out-of-pocket expenses, losses, damages, or injuries,
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10 | proximately caused by the conduct of all of the | ||||||
11 | defendants.
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12 | (2) As between the defendants, the court may | ||||||
13 | apportion the restitution
that is payable in | ||||||
14 | proportion to each co-defendant's culpability in the
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15 | commission of the offense.
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16 | (3) In the absence of a specific order apportioning | ||||||
17 | the restitution,
each defendant shall bear his pro rata | ||||||
18 | share of the restitution.
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19 | (4) As between the defendants, each defendant | ||||||
20 | shall be entitled to a pro
rata reduction in the total | ||||||
21 | restitution required to be paid to the victim
for | ||||||
22 | amounts of restitution actually paid by co-defendants, | ||||||
23 | and defendants
who shall have paid more than their pro | ||||||
24 | rata share shall be entitled to
refunds to be computed | ||||||
25 | by the court as additional amounts are
paid by | ||||||
26 | co-defendants.
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1 | (d) In instances where a defendant has more than one | ||||||
2 | criminal charge
pending
against him in a single case, or | ||||||
3 | more than one case, and the defendant stands
convicted of | ||||||
4 | one or more charges, a plea agreement negotiated by the | ||||||
5 | State's
Attorney and the defendants may require the | ||||||
6 | defendant to make restitution
to victims of charges that | ||||||
7 | have been dismissed or which it is contemplated
will be | ||||||
8 | dismissed under the terms of the plea agreement, and under | ||||||
9 | the
agreement, the court may impose a sentence of | ||||||
10 | restitution on the charge
or charges of which the defendant | ||||||
11 | has been convicted that would require
the defendant to make | ||||||
12 | restitution to victims of other offenses as provided
in the | ||||||
13 | plea agreement.
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14 | (e) The court may require the defendant to apply the | ||||||
15 | balance of the cash
bond, after payment of court costs, and | ||||||
16 | any fine that may be imposed to
the payment of restitution.
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17 | (f) Taking into consideration the ability of the | ||||||
18 | defendant to pay, including any real or personal property | ||||||
19 | or any other assets of the defendant,
the court shall | ||||||
20 | determine whether restitution shall be paid in a single
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21 | payment or in installments, and shall fix a period of time | ||||||
22 | not in excess
of 5 years or the period of time specified in | ||||||
23 | subsection (f-1), not including periods of incarceration, | ||||||
24 | within which payment of
restitution is to be paid in full.
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25 | Complete restitution shall be paid in as short a time | ||||||
26 | period as possible.
However, if the court deems it |
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1 | necessary and in the best interest of the
victim, the court | ||||||
2 | may extend beyond 5 years the period of time within which | ||||||
3 | the
payment of restitution is to be paid.
If the defendant | ||||||
4 | is ordered to pay restitution and the court orders that
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5 | restitution is to be paid over a period greater than 6 | ||||||
6 | months, the court
shall order that the defendant make | ||||||
7 | monthly payments; the court may waive
this requirement of | ||||||
8 | monthly payments only if there is a specific finding of
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9 | good cause for waiver.
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10 | (f-1)(1) In addition to any other penalty prescribed by | ||||||
11 | law and any restitution ordered under this Section that did | ||||||
12 | not include long-term physical health care costs, the court | ||||||
13 | may, upon conviction of any misdemeanor or felony, order a | ||||||
14 | defendant to pay restitution to a victim in accordance with | ||||||
15 | the provisions of this subsection (f-1) if the victim has | ||||||
16 | suffered physical injury as a result of the offense that is | ||||||
17 | reasonably probable to require or has required long-term | ||||||
18 | physical health care for more than 3 months. As used in | ||||||
19 | this subsection (f-1) "long-term physical health care" | ||||||
20 | includes mental health care.
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21 | (2) The victim's estimate of long-term physical health | ||||||
22 | care costs may be made as part of a victim impact statement | ||||||
23 | under Section 6 of the Rights of Crime Victims and | ||||||
24 | Witnesses Act or made separately. The court shall enter the | ||||||
25 | long-term physical health care restitution order at the | ||||||
26 | time of sentencing. An order of restitution made under this |
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1 | subsection (f-1) shall fix a monthly amount to be paid by | ||||||
2 | the defendant for as long as long-term physical health care | ||||||
3 | of the victim is required as a result of the offense. The | ||||||
4 | order may exceed the length of any sentence imposed upon | ||||||
5 | the defendant for the criminal activity. The court shall | ||||||
6 | include as a special finding in the judgment of conviction | ||||||
7 | its determination of the monthly cost of long-term physical | ||||||
8 | health care.
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9 | (3) After a sentencing order has been entered, the | ||||||
10 | court may from time to time, on the petition of either the | ||||||
11 | defendant or the victim, or upon its own motion, enter an | ||||||
12 | order for restitution for long-term physical care or modify | ||||||
13 | the existing order for restitution for long-term physical | ||||||
14 | care as to the amount of monthly payments. Any modification | ||||||
15 | of the order shall be based only upon a substantial change | ||||||
16 | of circumstances relating to the cost of long-term physical | ||||||
17 | health care or the financial condition of either the | ||||||
18 | defendant or the victim. The petition shall be filed as | ||||||
19 | part of the original criminal docket.
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20 | (g) In addition to the sentences provided for in | ||||||
21 | Sections 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15, | ||||||
22 | and 12-16 of the Criminal Code of 1961, the court may
order | ||||||
23 | any person who is convicted of violating any of those | ||||||
24 | Sections or who was charged with any of those offenses and | ||||||
25 | which charge was reduced to another charge as a result of a | ||||||
26 | plea agreement under subsection (d) of this Section to meet
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1 | all or any portion of the financial obligations of | ||||||
2 | treatment, including but not
limited to medical, | ||||||
3 | psychiatric, or rehabilitative treatment or psychological | ||||||
4 | counseling,
prescribed for the victim or victims of the | ||||||
5 | offense.
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6 | The payments shall be made by the defendant to the | ||||||
7 | clerk of the circuit
court
and transmitted by the clerk to | ||||||
8 | the appropriate person or agency as directed by
the court. | ||||||
9 | Except as otherwise provided in subsection (f-1), the
order | ||||||
10 | may require such payments to be made for a period not to
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11 | exceed 5 years after sentencing, not including periods of | ||||||
12 | incarceration.
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13 | (h) The judge may enter an order of withholding to | ||||||
14 | collect the amount
of restitution owed in accordance with | ||||||
15 | Part 8 of Article XII of the Code of
Civil Procedure.
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16 | (i) A sentence of restitution may be modified or | ||||||
17 | revoked by the court
if the offender commits another | ||||||
18 | offense, or the offender fails to make
restitution as | ||||||
19 | ordered by the court, but no sentence to make restitution
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20 | shall be revoked unless the court shall find that the | ||||||
21 | offender has had the
financial ability to make restitution, | ||||||
22 | and he has wilfully refused to do
so. When the offender's | ||||||
23 | ability to pay restitution was established at the time
an | ||||||
24 | order of restitution was entered or modified, or when the | ||||||
25 | offender's ability
to pay was based on the offender's | ||||||
26 | willingness to make restitution as part of a
plea agreement |
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1 | made at the time the order of restitution was entered or
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2 | modified, there is a rebuttable presumption that the facts | ||||||
3 | and circumstances
considered by the court at the hearing at | ||||||
4 | which the order of restitution was
entered or modified | ||||||
5 | regarding the offender's ability or willingness to pay
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6 | restitution have not materially changed. If the court shall | ||||||
7 | find that the
defendant has failed to make
restitution and | ||||||
8 | that the failure is not wilful, the court may impose an
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9 | additional period of time within which to make restitution. | ||||||
10 | The length of
the additional period shall not be more than | ||||||
11 | 2 years. The court shall
retain all of the incidents of the | ||||||
12 | original sentence, including the
authority to modify or | ||||||
13 | enlarge the conditions, and to revoke or further
modify the | ||||||
14 | sentence if the conditions of payment are violated during | ||||||
15 | the
additional period.
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16 | (j) The procedure upon the filing of a Petition to | ||||||
17 | Revoke a sentence to
make restitution shall be the same as | ||||||
18 | the procedures set forth in Section
5-6-4 of this Code | ||||||
19 | governing violation, modification, or revocation of
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20 | Probation, of Conditional Discharge, or of Supervision.
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21 | (k) Nothing contained in this Section shall preclude | ||||||
22 | the right of any
party to proceed in a civil action to | ||||||
23 | recover for any damages incurred due
to the criminal | ||||||
24 | misconduct of the defendant.
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25 | (l) Restitution ordered under this Section shall not be
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26 | subject to disbursement by the circuit clerk under Section |
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1 | 27.5 of the
Clerks of Courts Act.
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2 | (m) A restitution order under this Section is a | ||||||
3 | judgment lien in favor
of
the victim that:
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4 | (1) Attaches to the property of the person subject | ||||||
5 | to the order;
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6 | (2) May be perfected in the same manner as provided | ||||||
7 | in Part 3 of Article
9 of the Uniform Commercial Code;
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8 | (3) May be enforced to satisfy any payment that is | ||||||
9 | delinquent under the
restitution order by the person in | ||||||
10 | whose favor the order is issued or the
person's | ||||||
11 | assignee; and
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12 | (4) Expires in the same manner as a judgment lien | ||||||
13 | created in a civil
proceeding.
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14 | When a restitution order is issued under this Section, | ||||||
15 | the issuing court
shall send a certified copy of the order | ||||||
16 | to the clerk of the circuit court
in the county where the | ||||||
17 | charge was filed. Upon receiving the order, the
clerk shall | ||||||
18 | enter and index the order in the circuit court judgment | ||||||
19 | docket.
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20 | (n) An order of restitution under this Section does not | ||||||
21 | bar
a civil action for:
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22 | (1) Damages that the court did not require the | ||||||
23 | person to pay to the
victim under the restitution order | ||||||
24 | but arise from an injury or property
damages that is | ||||||
25 | the basis of restitution ordered by the court; and
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26 | (2) Other damages suffered by the victim.
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1 | The restitution order is not discharged by the
completion | ||||||
2 | of the sentence imposed for the offense.
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3 | A restitution order under this Section is not discharged by | ||||||
4 | the
liquidation of a person's estate by a receiver. A | ||||||
5 | restitution order under
this Section may be enforced in the | ||||||
6 | same manner as judgment liens are
enforced under Article XII of | ||||||
7 | the Code of Civil Procedure.
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8 | The provisions of Section 2-1303 of the Code of Civil | ||||||
9 | Procedure,
providing for interest on judgments, apply to | ||||||
10 | judgments for restitution entered
under this Section.
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11 | (Source: P.A. 94-148, eff. 1-1-06; 94-397, eff. 1-1-06; 95-331, | ||||||
12 | eff. 8-21-07.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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