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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3774 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/16-25 | | 730 ILCS 5/5-5-6 | from Ch. 38, par. 1005-5-6 |
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Amends the Criminal Code of 2012 and the Unified Code of Corrections. Increases the threshold amounts for enhanced penalties for retail theft (from over $300 to over $500). Provides that a person sentenced for retail theft of property the full retail value of which does not exceed $500 shall be required to make full restitution to the merchant.
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| | A BILL FOR |
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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 Criminal Code of 2012 is amended by changing |
5 | | Section 16-25 as follows: |
6 | | (720 ILCS 5/16-25) |
7 | | Sec. 16-25. Retail theft. |
8 | | (a) A person commits retail theft when he or she knowingly:
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9 | | (1) Takes possession of, carries away, transfers or |
10 | | causes to be
carried away or transferred any merchandise |
11 | | displayed, held, stored or
offered for sale in a retail |
12 | | mercantile establishment with the intention
of retaining |
13 | | such merchandise or with the intention of depriving the
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14 | | merchant permanently of the possession, use or benefit of |
15 | | such
merchandise without paying the full retail value of |
16 | | such merchandise; or
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17 | | (2) Alters, transfers, or removes any label, price tag, |
18 | | marking,
indicia of value or any other markings which aid |
19 | | in determining value
affixed to any merchandise displayed, |
20 | | held, stored or offered for sale
in a retail mercantile |
21 | | establishment and attempts to purchase such
merchandise at |
22 | | less than the full
retail value with the intention of |
23 | | depriving the merchant of the full
retail value of such |
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1 | | merchandise; or
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2 | | (3) Transfers any merchandise displayed, held, stored |
3 | | or offered for
sale in a retail mercantile establishment |
4 | | from the container in or on
which such merchandise is |
5 | | displayed to any other container with the
intention of |
6 | | depriving the merchant of the full retail value of such
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7 | | merchandise; or
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8 | | (4) Under-rings with the intention of depriving the |
9 | | merchant of the
full retail value of the merchandise; or
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10 | | (5) Removes a shopping cart from the premises of a |
11 | | retail mercantile
establishment without the consent of the |
12 | | merchant given at the time of
such removal with the |
13 | | intention of depriving the merchant permanently of
the |
14 | | possession, use or benefit of such cart; or
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15 | | (6) Represents to a merchant that he, she, or another |
16 | | is the lawful owner
of property, knowing that such |
17 | | representation is false, and conveys or attempts
to convey |
18 | | that property to a merchant who is the owner of the |
19 | | property in
exchange for money, merchandise credit or other |
20 | | property of the merchant; or
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21 | | (7) Uses or possesses any theft detection shielding |
22 | | device or theft
detection device remover with the intention |
23 | | of using such device to deprive
the merchant permanently of |
24 | | the possession, use or benefit of any
merchandise |
25 | | displayed, held, stored or offered for sale in a retail
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26 | | mercantile establishment without paying the full retail |
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1 | | value of such
merchandise; or
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2 | | (8) Obtains or exerts unauthorized control over |
3 | | property of the owner
and thereby intends to deprive the |
4 | | owner permanently of the use or benefit
of the property |
5 | | when a lessee of the personal property of another fails to
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6 | | return it to the owner, or if the lessee fails to pay the |
7 | | full retail value
of such property to the lessor in |
8 | | satisfaction of any contractual provision
requiring such, |
9 | | within 10 days after written demand from the owner for its
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10 | | return. A notice in writing, given after the expiration of |
11 | | the leasing
agreement, by registered mail, to the lessee at |
12 | | the address given by the
lessee and shown on the leasing |
13 | | agreement shall constitute proper demand. |
14 | | (b) Theft by emergency exit. A person commits theft by |
15 | | emergency exit when he or she commits a retail theft as defined |
16 | | in subdivisions (a)(1) through (a)(8) of this Section and to |
17 | | facilitate the theft he or she leaves the retail mercantile |
18 | | establishment by use of a designated emergency exit. |
19 | | (c) Permissive inference. If any person:
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20 | | (1) conceals upon his or her person or among his or her |
21 | | belongings unpurchased
merchandise displayed, held, stored |
22 | | or offered for sale in a retail
mercantile establishment; |
23 | | and
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24 | | (2) removes that merchandise beyond the last known |
25 | | station for
receiving payments for that merchandise in that |
26 | | retail mercantile
establishment, |
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1 | | then the trier of fact may infer that the person possessed, |
2 | | carried
away or transferred such merchandise with the intention |
3 | | of retaining it
or with the intention of depriving the merchant |
4 | | permanently of the
possession, use or benefit of such |
5 | | merchandise without paying the full
retail value of such |
6 | | merchandise. |
7 | | To "conceal" merchandise means that, although there may be |
8 | | some notice of its presence, that merchandise is not visible |
9 | | through ordinary observation. |
10 | | (d) Venue. Multiple thefts committed by the same person as |
11 | | part of a continuing course of conduct in different |
12 | | jurisdictions that have been aggregated in one jurisdiction may |
13 | | be prosecuted in any jurisdiction in which one or more of the |
14 | | thefts occurred. |
15 | | (e) For the purposes of this Section, "theft detection |
16 | | shielding device" means any laminated or coated bag or device |
17 | | designed and intended to shield merchandise from detection by |
18 | | an electronic or magnetic theft alarm sensor. |
19 | | (f) Sentence. |
20 | | (1) A violation of any of subdivisions (a)(1) through |
21 | | (a)(6) and (a)(8) of this Section, the full retail
value of |
22 | | which does not exceed $500 $300 for property other than |
23 | | motor fuel or $150 for motor fuel, is a Class A |
24 | | misdemeanor. A violation of subdivision (a)(7) of this |
25 | | Section is a Class A misdemeanor for a first offense and a |
26 | | Class 4 felony for a second or subsequent offense. Theft by |
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1 | | emergency exit of property, the full retail
value of which |
2 | | does not exceed $500 $300 , is a Class 4 felony.
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3 | | (2) A person who has been convicted of retail theft of |
4 | | property under any of subdivisions (a)(1) through (a)(6) |
5 | | and (a)(8) of this Section, the
full retail value of which |
6 | | does not exceed $500 $300 for property other than motor |
7 | | fuel or $150 for motor fuel, and who has 2 or more prior |
8 | | convictions been
previously convicted of any type of theft, |
9 | | robbery, armed robbery,
burglary, residential burglary, |
10 | | possession of burglary tools, home
invasion, unlawful use |
11 | | of a credit card, or forgery is guilty of a Class 4 felony. |
12 | | A person who has been convicted of theft by emergency exit |
13 | | of property, the
full retail value of which does not exceed |
14 | | $500 $300 , and who has 2 or more prior convictions been
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15 | | previously convicted of any type of theft, robbery, armed |
16 | | robbery,
burglary, residential burglary, possession of |
17 | | burglary tools, home
invasion, unlawful use of a credit |
18 | | card, or forgery is guilty of a Class 3 felony.
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19 | | (3) Any retail theft of property under any of |
20 | | subdivisions (a)(1) through (a)(6) and (a)(8) of this |
21 | | Section, the full retail value of
which exceeds $500 $300 |
22 | | for property other than motor fuel or $150 for motor fuel |
23 | | in a single transaction, or in separate transactions |
24 | | committed by the same person as part of a continuing course |
25 | | of conduct from one or more mercantile establishments over |
26 | | a period of one year, is a Class 3 felony.
Theft by |
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1 | | emergency exit of property, the full retail value of
which |
2 | | exceeds $500 $300 in a single transaction, or in separate |
3 | | transactions committed by the same person as part of a |
4 | | continuing course of conduct from one or more mercantile |
5 | | establishments over a period of one year, is a Class 2 |
6 | | felony. When a charge of retail theft of property or theft |
7 | | by emergency exit of property, the full value of which
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8 | | exceeds $500 $300 , is brought, the value of the property |
9 | | involved is an element
of the offense to be resolved by the |
10 | | trier of fact as either exceeding or
not exceeding $500 |
11 | | $300 .
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12 | | (4) A person sentenced under subdivision (f)(1) or |
13 | | (f)(2) of this Section for theft of property the full |
14 | | retail value of which does not exceed $500 shall be |
15 | | required to make full restitution to the merchant. |
16 | | (Source: P.A. 97-597, eff. 1-1-12.) |
17 | | Section 10. The Unified Code of Corrections is amended by |
18 | | changing Section 5-5-6 as follows:
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19 | | (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
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20 | | Sec. 5-5-6. In all convictions for offenses in violation of |
21 | | the Criminal
Code of 1961 or the Criminal Code of 2012 or of |
22 | | Section 11-501 of the Illinois Vehicle Code in which the person |
23 | | received any injury to his or her person or damage
to his or |
24 | | her real or personal property as a result of the criminal act |
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1 | | of the
defendant, the court shall order restitution as provided |
2 | | in this Section. In
all other cases, except cases in which |
3 | | restitution is required under this
Section, the court must at |
4 | | the sentence hearing determine whether restitution
is an |
5 | | appropriate sentence to be imposed on each defendant convicted |
6 | | of an
offense. If the court determines that an order directing |
7 | | the offender to make
restitution is appropriate, the offender |
8 | | may be sentenced to make restitution.
The court may consider |
9 | | restitution an appropriate sentence to be imposed on each |
10 | | defendant convicted of an offense in addition to a sentence of |
11 | | imprisonment. The sentence of the defendant to a term of |
12 | | imprisonment is not a mitigating factor that prevents the court |
13 | | from ordering the defendant to pay restitution. If
the offender |
14 | | is sentenced to make restitution the Court shall determine the
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15 | | restitution as hereinafter set forth:
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16 | | (a) At the sentence hearing, the court shall determine |
17 | | whether the
property
may be restored in kind to the |
18 | | 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 damaged; |
21 | | or whether the defendant should
be required to make |
22 | | restitution in cash, for out-of-pocket expenses, damages,
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23 | | losses, or injuries found to have been proximately caused |
24 | | by the conduct
of the defendant or another for whom the |
25 | | defendant is legally accountable
under the provisions of |
26 | | Article 5 of the Criminal Code of 1961 or the Criminal Code |
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1 | | of 2012.
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2 | | (b) In fixing the amount of restitution to be paid in |
3 | | cash, the court
shall allow credit for property returned in |
4 | | kind, for property damages ordered
to be repaired by the |
5 | | defendant, and for property ordered to be restored
by the |
6 | | defendant; and after granting the credit, the court shall |
7 | | assess
the actual out-of-pocket expenses, losses, damages, |
8 | | and injuries suffered
by the victim named in the charge and |
9 | | any other victims who may also have
suffered out-of-pocket |
10 | | expenses, losses, damages, and injuries proximately
caused |
11 | | by the same criminal conduct of the defendant, and |
12 | | insurance
carriers who have indemnified the named victim or |
13 | | other victims for the
out-of-pocket expenses, losses, |
14 | | damages, or injuries, provided that in no
event shall |
15 | | restitution be ordered to be paid on account of pain and
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16 | | suffering. When a victim's out-of-pocket expenses have |
17 | | been paid pursuant to the Crime Victims Compensation Act, |
18 | | the court shall order restitution be paid to the |
19 | | compensation program. If a defendant is placed on |
20 | | supervision for, or convicted of,
domestic battery, the |
21 | | defendant shall be required to pay restitution to any
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22 | | domestic violence shelter in which the victim and any other |
23 | | family or household
members lived because of the domestic |
24 | | battery. The amount of the restitution
shall equal the |
25 | | actual expenses of the domestic violence shelter in |
26 | | providing
housing and any other services for the victim and |
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1 | | any other family or household
members living at the |
2 | | shelter. If a defendant fails to pay restitution in
the |
3 | | manner or within
the time period specified by the court, |
4 | | the court may enter an order
directing the sheriff to seize |
5 | | any real or personal property of a defendant
to the extent |
6 | | necessary to satisfy the order of restitution and dispose |
7 | | of
the property by public sale. All proceeds from such sale |
8 | | in excess of the
amount of restitution plus court costs and |
9 | | the costs of the sheriff in
conducting the sale shall be |
10 | | paid to the defendant. The defendant convicted of
domestic |
11 | | battery, if a person under 18 years of age was present and |
12 | | witnessed the domestic battery of the
victim, is liable to |
13 | | pay restitution for the cost of any counseling required
for
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14 | | the child at the discretion of the court.
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15 | | (c) In cases where more than one defendant is |
16 | | accountable for the same
criminal conduct that results in |
17 | | out-of-pocket expenses, losses, damages,
or injuries, each |
18 | | defendant shall be ordered to pay restitution in the amount
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19 | | of the total actual out-of-pocket expenses, losses, |
20 | | damages, or injuries
to the victim proximately caused by |
21 | | the conduct of all of the defendants
who are legally |
22 | | accountable for the offense.
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23 | | (1) In no event shall the victim be entitled to |
24 | | recover restitution in
excess of the actual |
25 | | out-of-pocket expenses, losses, damages, or injuries,
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26 | | proximately caused by the conduct of all of the |
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1 | | defendants.
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2 | | (2) As between the defendants, the court may |
3 | | apportion the restitution
that is payable in |
4 | | proportion to each co-defendant's culpability in the
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5 | | commission of the offense.
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6 | | (3) In the absence of a specific order apportioning |
7 | | the restitution,
each defendant shall bear his pro rata |
8 | | share of the restitution.
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9 | | (4) As between the defendants, each defendant |
10 | | shall be entitled to a pro
rata reduction in the total |
11 | | restitution required to be paid to the victim
for |
12 | | amounts of restitution actually paid by co-defendants, |
13 | | and defendants
who shall have paid more than their pro |
14 | | rata share shall be entitled to
refunds to be computed |
15 | | by the court as additional amounts are
paid by |
16 | | co-defendants.
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17 | | (d) In instances where a defendant has more than one |
18 | | criminal charge
pending
against him in a single case, or |
19 | | more than one case, and the defendant stands
convicted of |
20 | | one or more charges, a plea agreement negotiated by the |
21 | | State's
Attorney and the defendants may require the |
22 | | defendant to make restitution
to victims of charges that |
23 | | have been dismissed or which it is contemplated
will be |
24 | | dismissed under the terms of the plea agreement, and under |
25 | | the
agreement, the court may impose a sentence of |
26 | | restitution on the charge
or charges of which the defendant |
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1 | | has been convicted that would require
the defendant to make |
2 | | restitution to victims of other offenses as provided
in the |
3 | | plea agreement.
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4 | | (e) The court may require the defendant to apply the |
5 | | balance of the cash
bond, after payment of court costs, and |
6 | | any fine that may be imposed to
the payment of restitution.
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7 | | (e-1) A person sentenced under subdivision (f)(1) or |
8 | | (f)(2) of Section 16-25 of the Criminal Code of 2012 for |
9 | | theft of property the full retail value of which does not |
10 | | exceed $500 shall be required to make full restitution to |
11 | | the merchant. For purposes of this paragraph (e-1), |
12 | | "merchant" has the meaning ascribed to the term in Section |
13 | | 16-0.1 of the Criminal Code of 2012. |
14 | | (f) Taking into consideration the ability of the |
15 | | defendant to pay, including any real or personal property |
16 | | or any other assets of the defendant,
the court shall |
17 | | determine whether restitution shall be paid in a single
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18 | | payment or in installments, and shall fix a period of time |
19 | | not in excess
of 5 years, except for violations of Sections |
20 | | 16-1.3 and 17-56 of the Criminal Code of 1961 or the |
21 | | Criminal Code of 2012, or the period of time specified in |
22 | | subsection (f-1), not including periods of incarceration, |
23 | | within which payment of
restitution is to be paid in full.
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24 | | Complete restitution shall be paid in as short a time |
25 | | period as possible.
However, if the court deems it |
26 | | necessary and in the best interest of the
victim, the court |
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1 | | may extend beyond 5 years the period of time within which |
2 | | the
payment of restitution is to be paid.
If the defendant |
3 | | is ordered to pay restitution and the court orders that
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4 | | restitution is to be paid over a period greater than 6 |
5 | | months, the court
shall order that the defendant make |
6 | | monthly payments; the court may waive
this requirement of |
7 | | monthly payments only if there is a specific finding of
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8 | | good cause for waiver.
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9 | | (f-1)(1) In addition to any other penalty prescribed by |
10 | | law and any restitution ordered under this Section that did |
11 | | not include long-term physical health care costs, the court |
12 | | may, upon conviction of any misdemeanor or felony, order a |
13 | | defendant to pay restitution to a victim in accordance with |
14 | | the provisions of this subsection (f-1) if the victim has |
15 | | suffered physical injury as a result of the offense that is |
16 | | reasonably probable to require or has required long-term |
17 | | physical health care for more than 3 months. As used in |
18 | | this subsection (f-1) "long-term physical health care" |
19 | | includes mental health care.
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20 | | (2) The victim's estimate of long-term physical health |
21 | | care costs may be made as part of a victim impact statement |
22 | | under Section 6 of the Rights of Crime Victims and |
23 | | Witnesses Act or made separately. The court shall enter the |
24 | | long-term physical health care restitution order at the |
25 | | time of sentencing. An order of restitution made under this |
26 | | subsection (f-1) shall fix a monthly amount to be paid by |
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1 | | the defendant for as long as long-term physical health care |
2 | | of the victim is required as a result of the offense. The |
3 | | order may exceed the length of any sentence imposed upon |
4 | | the defendant for the criminal activity. The court shall |
5 | | include as a special finding in the judgment of conviction |
6 | | its determination of the monthly cost of long-term physical |
7 | | health care.
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8 | | (3) After a sentencing order has been entered, the |
9 | | court may from time to time, on the petition of either the |
10 | | defendant or the victim, or upon its own motion, enter an |
11 | | order for restitution for long-term physical care or modify |
12 | | the existing order for restitution for long-term physical |
13 | | care as to the amount of monthly payments. Any modification |
14 | | of the order shall be based only upon a substantial change |
15 | | of circumstances relating to the cost of long-term physical |
16 | | health care or the financial condition of either the |
17 | | defendant or the victim. The petition shall be filed as |
18 | | part of the original criminal docket.
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19 | | (g) In addition to the sentences provided for in |
20 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
21 | | 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, |
22 | | 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of |
23 | | Section 11-14.4, of the Criminal Code of 1961 or the |
24 | | Criminal Code of 2012, the court may
order any person who |
25 | | is convicted of violating any of those Sections or who was |
26 | | charged with any of those offenses and which charge was |
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1 | | reduced to another charge as a result of a plea agreement |
2 | | under subsection (d) of this Section to meet
all or any |
3 | | portion of the financial obligations of treatment, |
4 | | including but not
limited to medical, psychiatric, or |
5 | | rehabilitative treatment or psychological counseling,
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6 | | prescribed for the victim or victims of the offense.
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7 | | The payments shall be made by the defendant to the |
8 | | clerk of the circuit
court
and transmitted by the clerk to |
9 | | the appropriate person or agency as directed by
the court. |
10 | | Except as otherwise provided in subsection (f-1), the
order |
11 | | may require such payments to be made for a period not to
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12 | | exceed 5 years after sentencing, not including periods of |
13 | | incarceration.
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14 | | (h) The judge may enter an order of withholding to |
15 | | collect the amount
of restitution owed in accordance with |
16 | | Part 8 of Article XII of the Code of
Civil Procedure.
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17 | | (i) A sentence of restitution may be modified or |
18 | | revoked by the court
if the offender commits another |
19 | | offense, or the offender fails to make
restitution as |
20 | | ordered by the court, but no sentence to make restitution
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21 | | shall be revoked unless the court shall find that the |
22 | | offender has had the
financial ability to make restitution, |
23 | | and he has wilfully refused to do
so. When the offender's |
24 | | ability to pay restitution was established at the time
an |
25 | | order of restitution was entered or modified, or when the |
26 | | offender's ability
to pay was based on the offender's |
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1 | | willingness to make restitution as part of a
plea agreement |
2 | | made at the time the order of restitution was entered or
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3 | | modified, there is a rebuttable presumption that the facts |
4 | | and circumstances
considered by the court at the hearing at |
5 | | which the order of restitution was
entered or modified |
6 | | regarding the offender's ability or willingness to pay
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7 | | restitution have not materially changed. If the court shall |
8 | | find that the
defendant has failed to make
restitution and |
9 | | that the failure is not wilful, the court may impose an
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10 | | additional period of time within which to make restitution. |
11 | | The length of
the additional period shall not be more than |
12 | | 2 years. The court shall
retain all of the incidents of the |
13 | | original sentence, including the
authority to modify or |
14 | | enlarge the conditions, and to revoke or further
modify the |
15 | | sentence if the conditions of payment are violated during |
16 | | the
additional period.
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17 | | (j) The procedure upon the filing of a Petition to |
18 | | Revoke a sentence to
make restitution shall be the same as |
19 | | the procedures set forth in Section
5-6-4 of this Code |
20 | | governing violation, modification, or revocation of
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21 | | Probation, of Conditional Discharge, or of Supervision.
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22 | | (k) Nothing contained in this Section shall preclude |
23 | | the right of any
party to proceed in a civil action to |
24 | | recover for any damages incurred due
to the criminal |
25 | | misconduct of the defendant.
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26 | | (l) Restitution ordered under this Section shall not be
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1 | | subject to disbursement by the circuit clerk under Section |
2 | | 27.5 of the
Clerks of Courts Act.
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3 | | (m) A restitution order under this Section is a |
4 | | judgment lien in favor
of
the victim that:
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5 | | (1) Attaches to the property of the person subject |
6 | | to the order;
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7 | | (2) May be perfected in the same manner as provided |
8 | | in Part 3 of Article
9 of the Uniform Commercial Code;
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9 | | (3) May be enforced to satisfy any payment that is |
10 | | delinquent under the
restitution order by the person in |
11 | | whose favor the order is issued or the
person's |
12 | | assignee; and
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13 | | (4) Expires in the same manner as a judgment lien |
14 | | created in a civil
proceeding.
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15 | | When a restitution order is issued under this Section, |
16 | | the issuing court
shall send a certified copy of the order |
17 | | to the clerk of the circuit court
in the county where the |
18 | | charge was filed. Upon receiving the order, the
clerk shall |
19 | | enter and index the order in the circuit court judgment |
20 | | docket.
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21 | | (n) An order of restitution under this Section does not |
22 | | bar
a civil action for:
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23 | | (1) Damages that the court did not require the |
24 | | person to pay to the
victim under the restitution order |
25 | | but arise from an injury or property
damages that is |
26 | | the basis of restitution ordered by the court; and
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| | HB3774 | - 17 - | LRB098 15213 RLC 50202 b |
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1 | | (2) Other damages suffered by the victim.
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2 | | The restitution order is not discharged by the
completion |
3 | | of the sentence imposed for the offense.
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4 | | A restitution order under this Section is not discharged by |
5 | | the
liquidation of a person's estate by a receiver. A |
6 | | restitution order under
this Section may be enforced in the |
7 | | same manner as judgment liens are
enforced under Article XII of |
8 | | the Code of Civil Procedure.
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9 | | The provisions of Section 2-1303 of the Code of Civil |
10 | | Procedure,
providing for interest on judgments, apply to |
11 | | judgments for restitution entered
under this Section.
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12 | | (Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11; |
13 | | 97-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff. |
14 | | 1-25-13.)
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