State of Illinois
90th General Assembly
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90_HB0179

      730 ILCS 5/5-5-6          from Ch. 38, par. 1005-5-6
          Amends the Unified Code of  Corrections  to  require  the
      defendant   to  make  restitution  to  the  victim  when  the
      defendant is convicted of an  offense  in  violation  of  the
      Criminal Code of 1961 committed against a person in which the
      person  received any injury to his or her person or damage to
      his or her property as a result of the criminal  act  of  the
      defendant.   Presently restitution is mandatory only when the
      victim is 65 years of age or older, or when the defendant  is
      convicted of looting.  Effective immediately.
                                                     LRB9000335RCks
                                               LRB9000335RCks
 1        AN  ACT  to  amend  the  Unified  Code  of Corrections by
 2    changing Section 5-5-6.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Unified Code of Corrections is amended by
 6    changing Section 5-5-6 as follows:
 7        (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
 8        Sec. 5-5-6.  In all convictions for offenses in violation
 9    of  the Criminal Code of 1961 committed against any person 65
10    years of age or older in which the person received any injury
11    to his or her their person or damage to his or her their real
12    or personal property as a result of the criminal act  of  the
13    defendant,  and  in cases where the defendant is convicted of
14    looting under Section 42-1 of the Criminal Code of 1961,  the
15    court  shall order the defendant to make restitution payments
16    to the clerk of the circuit court and the payments  shall  be
17    transmitted  by  the  clerk  to  the  victim.  restitution as
18    provided in this Section. In all other cases, except cases in
19    which restitution is  required  under  subdivision  (b),  the
20    court   shall  at  the  sentence  hearing  determine  whether
21    restitution is an appropriate sentence to be imposed on  each
22    defendant  convicted  of  an offense. If the court determines
23    that an order directing the offender to make  restitution  is
24    appropriate the offender may be sentenced to make Restitution
25    which  shall  be  determined  by the Court as hereinafter set
26    forth:
27             (a)  At  the  sentence  hearing,  the  court   shall
28        determine whether the property may be restored in kind to
29        the  possession  of  the  owner or the person entitled to
30        possession thereof; or whether the defendant is possessed
31        of  sufficient  skill  to  repair  and  restore  property
                            -2-                LRB9000335RCks
 1        damaged; or whether the defendant should be  required  to
 2        make  restitution  in  cash,  for out-of-pocket expenses,
 3        damages,  losses,  or  injuries  found   to   have   been
 4        proximately  caused  by  the  conduct of the defendant or
 5        another for whom the  defendant  is  legally  accountable
 6        under the provisions of Article V of the Criminal Code of
 7        1961.
 8             (b)  In  fixing the amount of restitution to be paid
 9        in cash,  the  court  shall  allow  credit  for  property
10        returned  in  kind,  for  property  damages ordered to be
11        repaired by the defendant, and for property ordered to be
12        restored by the defendant; and after granting the credit,
13        the court shall assess the actual out-of-pocket expenses,
14        losses, damages, and  injuries  suffered  by  the  victim
15        named  in  the  charge and any other victims who may also
16        have suffered out-of-pocket  expenses,  losses,  damages,
17        and  injuries  proximately  caused  by  the same criminal
18        conduct of the defendant, and insurance carriers who have
19        indemnified the named victim or  other  victims  for  the
20        out-of-pocket  expenses,  losses,  damages,  or injuries,
21        provided that in no event shall restitution be ordered to
22        be paid on account of pain and suffering.  If a defendant
23        is placed on supervision for, or convicted  of,  domestic
24        battery,   the   defendant   shall  be  required  to  pay
25        restitution to any domestic violence shelter in which the
26        victim and any other family or  household  members  lived
27        because  of  the  domestic  battery.   The  amount of the
28        restitution  shall  equal  the  actual  expenses  of  the
29        domestic violence shelter in providing  housing  and  any
30        other  services  for  the  victim and any other family or
31        household members living at the shelter.  If a  defendant
32        fails to pay restitution in the manner or within the time
33        period  specified  by  the  court, the court may enter an
34        order directing the sheriff to seize any real or personal
                            -3-                LRB9000335RCks
 1        property of  a  defendant  to  the  extent  necessary  to
 2        satisfy  the  order  of  restitution  and  dispose of the
 3        property by public sale.  All proceeds from such sale  in
 4        excess  of the amount of restitution plus court costs and
 5        the costs of the sheriff in conducting the sale shall  be
 6        paid to the defendant.
 7             (c)  In  cases  where  more  than  one  defendant is
 8        accountable for the same criminal conduct that results in
 9        out-of-pocket expenses,  losses,  damages,  or  injuries,
10        each defendant shall be ordered to pay restitution in the
11        amount   of  the  total  actual  out-of-pocket  expenses,
12        losses, damages, or injuries to  the  victim  proximately
13        caused  by  the  conduct of all of the defendants who are
14        legally accountable for the offense.
15                  (1)  In no event shall the victim  be  entitled
16             to  recover  restitution  in  excess  of  the actual
17             out-of-pocket   expenses,   losses,   damages,    or
18             injuries,  proximately  caused by the conduct of all
19             of the defendants.
20                  (2)  As between the defendants, the  court  may
21             apportion   the   restitution  that  is  payable  in
22             proportion to each co-defendant's culpability in the
23             commission of the offense.
24                  (3)  In  the  absence  of  a   specific   order
25             apportioning  the  restitution, each defendant shall
26             bear his pro rata share of the restitution.
27                  (4)  As between the defendants, each  defendant
28             shall  be  entitled  to  a pro rata reduction in the
29             total restitution required to be paid to the  victim
30             for   amounts   of   restitution  actually  paid  by
31             co-defendants, and defendants who  shall  have  paid
32             more  than their pro rata share shall be entitled to
33             refunds to be computed by the  court  as  additional
34             amounts are paid by co-defendants.
                            -4-                LRB9000335RCks
 1             (d)  In  instances  where  a defendant has more than
 2        one criminal charge pending against him in a single case,
 3        or more than one case, and the defendant stands convicted
 4        of one or more charges, a plea  agreement  negotiated  by
 5        the  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
 9        under  the  agreement, the court may impose a sentence of
10        restitution  on  the  charge  or  charges  of  which  the
11        defendant has  been  convicted  that  would  require  the
12        defendant   to  make  restitution  to  victims  of  other
13        offenses as provided in the plea agreement.
14             (e)  The court may require the  defendant  to  apply
15        the  balance  of  the  cash  bond, after payment of court
16        costs, and any fine that may be imposed to the payment of
17        restitution.
18             (f)  Taking into consideration the  ability  of  the
19        defendant  to  pay,  the  court  shall  determine whether
20        restitution shall be paid  in  a  single  payment  or  in
21        installments,  and  shall  fix  a  period  of time not in
22        excess   of   5   years,   not   including   periods   of
23        incarceration, within which payment of restitution is  to
24        be paid in full. However, if the court deems it necessary
25        and  in  the  best  interest of the victim, the court may
26        extend beyond 5 years the period of time within which the
27        payment of restitution is to be paid. If the defendant is
28        ordered to pay restitution  and  the  court  orders  that
29        restitution  is  to  be paid over a period greater than 6
30        months, the court shall order  that  the  defendant  make
31        monthly payments; the court may waive this requirement of
32        monthly  payments  only if there is a specific finding of
33        good cause for waiver.
34             (g)  The court shall,  after  determining  that  the
                            -5-                LRB9000335RCks
 1        defendant  has  the ability to pay, require the defendant
 2        to pay for the victim's counseling services if:
 3                  (1)  the defendant was convicted of an  offense
 4             under   Sections  11-19.2,  11-20.1,  12-13,  12-14,
 5             12-14.1, 12-15 or 12-16  of  the  Criminal  Code  of
 6             1961,  or  was  charged with such an offense and the
 7             charge was reduced to another charge as a result  of
 8             a  plea  agreement  under  subsection  (d)  of  this
 9             Section, and
10                  (2)  the  victim  was  under 18 years of age at
11             the time the  offense  was  committed  and  requires
12             counseling as a result of the offense.
13             The  payments  shall be made by the defendant to the
14        clerk of the circuit court and transmitted by  the  clerk
15        to  the  appropriate  person or agency as directed by the
16        court.  The order may require such payments  to  be  made
17        for  a period not to exceed 5 years after sentencing, not
18        including periods of incarceration.
19             (h)  The judge may enter an order of withholding  to
20        collect the amount of restitution owed in accordance with
21        Part 8 of Article XII of the Code of Civil Procedure.
22             (i)  A  sentence  of  restitution may be modified or
23        revoked by the court  if  the  offender  commits  another
24        offense,  or  the  offender  fails to make restitution as
25        ordered by the court, but no sentence to make restitution
26        shall be revoked unless the court  shall  find  that  the
27        offender   has   had   the   financial  ability  to  make
28        restitution, and he has wilfully refused to  do  so.   If
29        the  court  shall  find  that the defendant has failed to
30        make restitution and that the failure is not wilful,  the
31        court  may  impose  an  additional  period of time within
32        which to make restitution.  The length of the  additional
33        period  shall  not be more than 2 years.  The court shall
34        retain all of the incidents  of  the  original  sentence,
                            -6-                LRB9000335RCks
 1        including   the   authority  to  modify  or  enlarge  the
 2        conditions, and to revoke or further modify the  sentence
 3        if  the  conditions  of  payment  are violated during the
 4        additional period.
 5             (j)  The procedure upon the filing of a Petition  to
 6        Revoke  a  sentence to make restitution shall be the same
 7        as the procedures set forth in Section 5-6-4 of this Code
 8        governing  violation,  modification,  or  revocation   of
 9        Probation, of Conditional Discharge, or of Supervision.
10             (k)  Nothing   contained   in   this  Section  shall
11        preclude the right of any party to  proceed  in  a  civil
12        action  to  recover  for  any damages incurred due to the
13        criminal misconduct of the defendant.
14             (l)  Restitution ordered under  this  Section  shall
15        not be subject to disbursement by the circuit clerk under
16        Section 27.5 of the Clerks of Courts Act.
17             (m)  A  restitution  order  under  this Section is a
18        judgment lien in favor of the victim that:
19                  (1)  Attaches to the  property  of  the  person
20             subject to the order;
21                  (2)  May  be  perfected  in  the same manner as
22             provided in Part 3  of  Article  9  of  the  Uniform
23             Commercial Code;
24                  (3)  May  be  enforced  to  satisfy any payment
25             that is delinquent under the  restitution  order  by
26             the person in whose favor the order is issued or the
27             person's assignee; and
28                  (4)  Expires  in  the same manner as a judgment
29             lien created in a civil proceeding.
30             When  a  restitution  order  is  issued  under  this
31        Section, the issuing court shall send a certified copy of
32        the order to the clerk of the circuit court in the county
33        where the charge was filed.  Upon  receiving  the  order,
34        the  clerk shall enter and index the order in the circuit
                            -7-                LRB9000335RCks
 1        court judgment docket.
 2             (n)  An order of restitution under this Section does
 3        not bar a civil action for:
 4                  (1)  Damages that the court did not require the
 5             person to pay to the victim  under  the  restitution
 6             order  but  arise from an injury or property damages
 7             that is the basis  of  restitution  ordered  by  the
 8             court; and
 9                  (2)  Other damages suffered by the victim.
10        A  Regardless  of  whether  restitution is required under
11    this Section as a condition of a  sentence,  the  restitution
12    order  under this Section is not discharged by the completion
13    of the sentence imposed for the offense.
14        A restitution order under this Section is not  discharged
15    by  the  liquidation  of  a person's estate by a receiver.  A
16    restitution order under this Section may be enforced  in  the
17    same  manner as judgment liens are enforced under Article XII
18    of the Code of Civil Procedure.
19    (Source: P.A. 88-237;  89-198,  eff.  7-21-95;  89-203,  eff.
20    7-21-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.

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