Full Text of HB0369 94th General Assembly
HB0369eng 94TH GENERAL ASSEMBLY
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HB0369 Engrossed |
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LRB094 02471 DRH 32472 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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 restitution may not | 20 |
| be ordered to be paid on account of pain and suffering. If a | 21 |
| defendant fails to pay restitution in the manner or within the | 22 |
| time period specified by the court, the court may enter an | 23 |
| order directing the sheriff to seize any real or personal | 24 |
| property of the defendant to the extent necessary to satisfy | 25 |
| the order of restitution and dispose of the property by public | 26 |
| sale. All proceeds from the sale, in excess of the amount of | 27 |
| restitution plus court costs and the costs of the sheriff in | 28 |
| conducting the sale, shall be paid to the defendant.
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| (c) In instances where a defendant has more than one
charge | 30 |
| of a felony or misdemeanor in violation of this Code pending | 31 |
| against him or her in a single case, or more than one case, and | 32 |
| the defendant stands convicted of one or more charges, a plea |
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| agreement negotiated by the State's Attorney and the defendant | 2 |
| may require the defendant to make restitution relating to | 3 |
| charges that have been dismissed or are expected to be | 4 |
| dismissed under the terms of the plea agreement. Also under the | 5 |
| agreement, the court may impose a sentence of restitution on | 6 |
| the charge or charges of which the defendant has been convicted | 7 |
| that would require the defendant to make restitution relating | 8 |
| to other offenses as provided in the plea agreement. | 9 |
| (d) The court may require the defendant to apply the
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| balance of the cash bond, after payment of court costs, and any | 11 |
| fine that may be imposed to the payment of restitution. | 12 |
| (e) Taking into consideration the ability of the
defendant | 13 |
| to pay, the court shall determine whether restitution shall be | 14 |
| paid in a single payment or in installments, and shall fix a | 15 |
| period of time not in excess of 5 years, not including periods | 16 |
| of incarceration, within which restitution is to be paid in | 17 |
| full. Complete restitution shall be paid in as short a time | 18 |
| period as possible. If, however, the court deems it necessary | 19 |
| and in the best interest of the person or persons who have | 20 |
| suffered loss or injury, the court may extend beyond 5 years | 21 |
| the period of time within which restitution is to be paid. If | 22 |
| the defendant is ordered to pay restitution and the court | 23 |
| orders that restitution is to be paid over a period greater | 24 |
| than 6 months, the court shall order that the defendant make | 25 |
| monthly payments. The court may waive the requirement of | 26 |
| monthly payments only if there is a specific finding of good | 27 |
| cause for waiver. | 28 |
| (f) The judge may enter an order of withholding to
collect | 29 |
| the amount of restitution owed in accordance with Part 8 of | 30 |
| Article XII of the Code of Civil Procedure. | 31 |
| (g) A sentence of restitution may be modified or
revoked by | 32 |
| the court if the offender commits another offense, or the | 33 |
| offender fails to make restitution as ordered by the court, but | 34 |
| a sentence to make restitution may not be revoked unless the | 35 |
| court finds that the offender (i) has had the financial ability | 36 |
| to make restitution and (ii) has wilfully refused to do so. If |
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| the offender's ability to pay restitution was established at | 2 |
| the time an order of restitution was entered or modified, or if | 3 |
| the offender's ability to pay was based on the offender's | 4 |
| willingness to make restitution as part of a plea agreement | 5 |
| made at the time the order of restitution was entered or | 6 |
| modified, there is a rebuttable presumption that the facts and | 7 |
| circumstances regarding the offender's ability or willingness | 8 |
| to pay restitution have not materially changed since the date | 9 |
| of the hearing at which the court considered those facts and | 10 |
| circumstances. If the court finds that the defendant has failed | 11 |
| to make restitution and that the failure is not wilful, the | 12 |
| court may impose an additional period of time within which to | 13 |
| make restitution. The length of the additional period may not | 14 |
| be more than 2 years. The court shall retain all of the | 15 |
| incidents of the original sentence, including the authority to | 16 |
| modify or enlarge the conditions, and to revoke or further | 17 |
| modify the sentence if the conditions of payment are violated | 18 |
| during the additional period. | 19 |
| (h) The procedures upon the filing of a petition to
revoke | 20 |
| a sentence to make restitution shall be the same as the | 21 |
| procedures set forth in Section 5-6-4 of the Unified Code of | 22 |
| Corrections governing violation, modification, or revocation | 23 |
| of probation, of conditional discharge, or of supervision. | 24 |
| (i) This Section does not preclude any party from | 25 |
| proceeding in a civil action to recover for any damages | 26 |
| incurred due to the criminal misconduct of the defendant. | 27 |
| (j) Restitution ordered under this Section is not
subject | 28 |
| to disbursement by the circuit clerk under Section 27.5 of the | 29 |
| Clerks of Courts Act. | 30 |
| (k) A restitution order under this Section is a
judgment | 31 |
| lien in favor of the victim that: | 32 |
| (1) attaches to the property of the person
subject to | 33 |
| the order; | 34 |
| (2) may be perfected in the same manner as
provided in | 35 |
| Part 3 of Article 9 of the Uniform Commercial Code; | 36 |
| (3) may be enforced to satisfy any payment that
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| delinquent under the restitution order by the person in | 2 |
| whose favor the order is issued or the person's assignee; | 3 |
| and | 4 |
| (4) expires in the same manner as a judgment
lien | 5 |
| created in a civil proceeding. | 6 |
| (l) When a restitution order is issued under this
Section, | 7 |
| the issuing court shall send a certified copy of the order to | 8 |
| the clerk of the circuit court in the county where the charge | 9 |
| was filed. Upon receiving the order, the clerk shall enter and | 10 |
| index the order in the circuit court judgment docket. | 11 |
| (m) An order of restitution under this Section does
not bar | 12 |
| a civil action for: | 13 |
| (1) damages that the court did not require the
person | 14 |
| to pay to the victim under the restitution order but arise | 15 |
| from personal injury or property damage that is the basis | 16 |
| of restitution ordered by the court; and | 17 |
| (2) other damages suffered by the person or persons who | 18 |
| suffered loss or injury. | 19 |
| (n) The restitution order is not discharged by the | 20 |
| completion of the sentence imposed for the offense. | 21 |
| (o)
A restitution order under this Section is not | 22 |
| discharged by the liquidation of a person's estate by a | 23 |
| receiver. A restitution order under this Section may be | 24 |
| enforced in the same manner as judgment liens are enforced | 25 |
| under Article XII of the Code of Civil Procedure. | 26 |
| (p)
Section 2-1303 of the Code of Civil Procedure, | 27 |
| providing for interest on judgments, applies to judgments for | 28 |
| restitution entered under this Section.
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