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1 | AN ACT concerning vehicles.
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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 Illinois Vehicle Code is amended by adding | ||||||
5 | Section 16-105.1 as follows: | ||||||
6 | (625 ILCS 5/16-105.1 new) | ||||||
7 | Sec. 16-105.1. Restitution. | ||||||
8 | (a) In all convictions for felonies or misdemeanors in | ||||||
9 | violation of this Code in which the person received any injury | ||||||
10 | to his or her person or damage to his or her real or personal | ||||||
11 | property as a result of the conduct of the defendant, the court | ||||||
12 | may order restitution as provided in this Section. | ||||||
13 | (b) In fixing the amount of restitution to be paid, the | ||||||
14 | court shall assess the actual out-of-pocket expenses, losses, | ||||||
15 | damages, and injuries suffered by any person or persons that | ||||||
16 | were proximately caused by the conduct of the defendant, and | ||||||
17 | the amounts paid by any insurance carriers that have | ||||||
18 | indemnified those persons for those out-of-pocket expenses, | ||||||
19 | losses, damages, or injuries, provided that in no event shall | ||||||
20 | restitution be ordered to be paid on account of pain and | ||||||
21 | suffering. If a defendant fails to pay restitution in the | ||||||
22 | manner or within the time period specified by the court, the | ||||||
23 | court may enter an order directing the sheriff to seize any | ||||||
24 | real or personal property of a defendant to the extent | ||||||
25 | necessary to satisfy the order of restitution and dispose of | ||||||
26 | the property by public sale. All proceeds from such sale in | ||||||
27 | excess of the amount of restitution plus court costs and the | ||||||
28 | costs of the sheriff in conducting the sale shall be paid to | ||||||
29 | the defendant.
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30 | (c) In instances where a defendant has more than one
charge | ||||||
31 | of a felony or misdemeanor in violation of this Code pending | ||||||
32 | against him or her in a single case, or more than one case, and |
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1 | the defendant stands convicted of one or more charges, a plea | ||||||
2 | agreement negotiated by the State's Attorney and the defendant | ||||||
3 | may require the defendant to make restitution relating to | ||||||
4 | charges that have been dismissed or which it is contemplated | ||||||
5 | will be dismissed under the terms of the plea agreement, and | ||||||
6 | under the agreement, the court may impose a sentence of | ||||||
7 | restitution on the charge or charges of which the defendant has | ||||||
8 | been convicted that would require the defendant to make | ||||||
9 | restitution relating to other offenses as provided in the plea | ||||||
10 | agreement. | ||||||
11 | (d) The court may require the defendant to apply the
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12 | balance of the cash bond, after payment of court costs, and any | ||||||
13 | fine that may be imposed to the payment of restitution. | ||||||
14 | (e) Taking into consideration the ability of the
defendant | ||||||
15 | to pay, the court shall determine whether restitution shall be | ||||||
16 | paid in a single payment or in installments, and shall fix a | ||||||
17 | period of time not in excess of 5 years, not including periods | ||||||
18 | of incarceration, within which payment of restitution is to be | ||||||
19 | paid in full. Complete restitution shall be paid in as short a | ||||||
20 | time period as possible. If, however, the court deems it | ||||||
21 | necessary and in the best interest of the person or persons who | ||||||
22 | have suffered loss or injury, the court may extend beyond 5 | ||||||
23 | years the period of time within which the payment of | ||||||
24 | restitution is to be paid. If the defendant is ordered to pay | ||||||
25 | restitution and the court orders that restitution is to be paid | ||||||
26 | over a period greater than 6 months, the court shall order that | ||||||
27 | the defendant make monthly payments; the court may waive this | ||||||
28 | requirement of monthly payments only if there is a specific | ||||||
29 | finding of good cause for waiver. | ||||||
30 | (f) The judge may enter an order of withholding to
collect | ||||||
31 | the amount of restitution owed in accordance with Part 8 of | ||||||
32 | Article XII of the Code of Civil Procedure. | ||||||
33 | (g) A sentence of restitution may be modified or
revoked by | ||||||
34 | the court if the offender commits another offense, or the | ||||||
35 | offender fails to make restitution as ordered by the court, but | ||||||
36 | no sentence to make restitution shall be revoked unless the |
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1 | court shall find that the offender has had the financial | ||||||
2 | ability to make restitution, and he or she has wilfully refused | ||||||
3 | to do so. When the offender's ability to pay restitution was | ||||||
4 | established at the time an order of restitution was entered or | ||||||
5 | modified, or when the offender's ability to pay was based on | ||||||
6 | the offender's willingness to make restitution as part of a | ||||||
7 | plea agreement made at the time the order of restitution was | ||||||
8 | entered or modified, there is a rebuttable presumption that the | ||||||
9 | facts and circumstances considered by the court at the hearing | ||||||
10 | at which the order of restitution was entered or modified | ||||||
11 | regarding the offender's ability or willingness to pay | ||||||
12 | restitution have not materially changed. If the court shall | ||||||
13 | find that the defendant has failed to make restitution and that | ||||||
14 | the failure is not wilful, the court may impose an additional | ||||||
15 | period of time within which to make restitution. The length of | ||||||
16 | the additional period shall not be more than 2 years. The court | ||||||
17 | shall retain all of the incidents of the original sentence, | ||||||
18 | including the authority to modify or enlarge the conditions, | ||||||
19 | and to revoke or further modify the sentence if the conditions | ||||||
20 | of payment are violated during the additional period. | ||||||
21 | (h) The procedure upon the filing of a Petition to
Revoke a | ||||||
22 | sentence to make restitution shall be the same as the | ||||||
23 | procedures set forth in Section 5-6-4 of the Unified Code of | ||||||
24 | Corrections governing violation, modification, or revocation | ||||||
25 | of probation, of conditional discharge, or of supervision. | ||||||
26 | (i) Nothing contained in this Section shall preclude
the | ||||||
27 | right of any party to proceed in a civil action to recover for | ||||||
28 | any damages incurred due to the criminal misconduct of the | ||||||
29 | defendant. | ||||||
30 | (j) Restitution ordered under this Section shall not
be | ||||||
31 | subject to disbursement by the circuit clerk under Section 27.5 | ||||||
32 | of the Clerks of Courts Act. | ||||||
33 | (k) A restitution order under this Section is a
judgment | ||||||
34 | lien in favor of the victim that: | ||||||
35 | (1) Attaches to the property of the person
subject to | ||||||
36 | the order; |
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1 | (2) May be perfected in the same manner as
provided in | ||||||
2 | Part 3 of Article 9 of the Uniform Commercial Code; | ||||||
3 | (3) May be enforced to satisfy any payment that
is | ||||||
4 | delinquent under the restitution order by the person in | ||||||
5 | whose favor the order is issued or the person's assignee; | ||||||
6 | and | ||||||
7 | (4) Expires in the same manner as a judgment
lien | ||||||
8 | created in a civil proceeding. | ||||||
9 | (l) When a restitution order is issued under this
Section, | ||||||
10 | the issuing court shall send a certified copy of the order to | ||||||
11 | the clerk of the circuit court in the county where the charge | ||||||
12 | was filed. Upon receiving the order, the clerk shall enter and | ||||||
13 | index the order in the circuit court judgment docket. | ||||||
14 | (m) An order of restitution under this Section does
not bar | ||||||
15 | a civil action for: | ||||||
16 | (1) Damages that the court did not require the
person | ||||||
17 | to pay to the victim under the restitution order but arise | ||||||
18 | from an injury or property damages that is the basis of | ||||||
19 | restitution ordered by the court; and | ||||||
20 | (2) Other damages suffered by the person or persons who | ||||||
21 | suffered loss or injury. | ||||||
22 | (n) The restitution order is not discharged by the | ||||||
23 | completion of the sentence imposed for the offense. | ||||||
24 | (o)
A restitution order under this Section is not | ||||||
25 | discharged by the liquidation of a person's estate by a | ||||||
26 | receiver. A restitution order under this Section may be | ||||||
27 | enforced in the same manner as judgment liens are enforced | ||||||
28 | under Article XII of the Code of Civil Procedure. | ||||||
29 | (p)
The provisions of Section 2-1303 of the Code of Civil | ||||||
30 | Procedure, providing for interest on judgments, apply to | ||||||
31 | judgments for restitution entered under this Section.
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