Full Text of HB4857 98th General Assembly
HB4857ham001 98TH GENERAL ASSEMBLY | Rep. Tom Cross Filed: 3/26/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4857
| 2 | | AMENDMENT NO. ______. Amend House Bill 4857 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | adding 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 | 8 | | advanced funds to law enforcement agencies. | 9 | | (a) In all convictions for offenses in violation of Section | 10 | | 5, 5.1, 5.2, or 9 of the Cannabis Control Act,
Section 401, | 11 | | 401.1, 404, 405, 405.1, 405.2, or 407 of the Illinois | 12 | | Controlled Substances Act, or Section 15, 20, 25, 30, 55, 56, | 13 | | or 65 of the
Methamphetamine Control and Community Protection | 14 | | Act, 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 |
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| 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 | 7 | | actual amount expended, minus any official
advanced funds | 8 | | recovered, by the law enforcement agency or task force during | 9 | | the investigation.
Restitution shall be in addition to any | 10 | | other fine, fee, or cost authorized by law. | 11 | | (c) Restitution shall apply to any agreed or contested | 12 | | sentence and may be submitted to the court by
way of affidavit | 13 | | setting forth the amount of restitution requested, the name of | 14 | | the defendant, and
the name of the law enforcement agency or | 15 | | task force. | 16 | | (d)
The court may require the defendant to apply the | 17 | | balance of the cash bond, after payment of
court costs, and any | 18 | | fine that may be imposed to the payment of restitution. ".
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