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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
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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
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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.
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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
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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,
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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
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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.