State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


      5 ILCS 350/2              from Ch. 127, par. 1302
          Amends the State Employee Indemnification Act.   Provides
      that  the  Attorney General shall not determine an employee's
      conduct was intentional, wilful, or wanton  if  the  employee
      was  not  disciplined or if the employee contested discipline
      and prevailed by grievance,  arbitration,  or  Civil  Service
      Commission proceeding.  Provides that if the Attorney General
      declines  to  represent  the  employee  or  withdraws and the
      employee prevails at trial, by motion, or by settlement or  a
      court  or  jury finds that the act or omission was within the
      scope of employment  and  was  not  intentional,  wilful,  or
      wanton misconduct, the State shall indemnify the employee for
      any  damages  awarded  and  court  costs  and attorneys' fees
      assessed  as  part  of  a  final  and  unreversed   judgment.
      Provides  that  the State shall also pay the employee's court
      costs, litigation expenses, and reasonable  attorneys'  fees.
      Deletes  current  provisions  concerning  indemnification  of
      State employees.  Effective immediately.
HB1101 Enrolled                               LRB9003677MWcdA
 1        AN ACT concerning civil proceedings.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Unified Code of Corrections is amended by
 5    changing Section 5-5-6 as follows:
 6        (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
 7        Sec. 5-5-6.  In all convictions for offenses in violation
 8    of the Criminal Code of 1961 in which the person received any
 9    injury to their person or damage to their  real  or  personal
10    property  as  a  result of the criminal act of the defendant,
11    the  court  shall  order  restitution  as  provided  in  this
12    Section.  When the offender is sentenced to make  restitution
13    the  Court shall determine the restitution as hereinafter set
14    forth:
15             (a)  At  the  sentence  hearing,  the  court   shall
16        determine whether the property may be restored in kind to
17        the  possession  of  the  owner or the person entitled to
18        possession thereof; or whether the defendant is possessed
19        of  sufficient  skill  to  repair  and  restore  property
20        damaged; or whether the defendant should be  required  to
21        make  restitution  in  cash,  for out-of-pocket expenses,
22        damages,  losses,  or  injuries  found   to   have   been
23        proximately  caused  by  the  conduct of the defendant or
24        another for whom the  defendant  is  legally  accountable
25        under the provisions of Article V of the Criminal Code of
26        1961.
27             (b)  In  fixing the amount of restitution to be paid
28        in cash,  the  court  shall  allow  credit  for  property
29        returned  in  kind,  for  property  damages ordered to be
30        repaired by the defendant, and for property ordered to be
31        restored by the defendant; and after granting the credit,
HB1101 Enrolled            -2-                LRB9003677MWcdA
 1        the court shall assess the actual out-of-pocket expenses,
 2        losses, damages, and  injuries  suffered  by  the  victim
 3        named  in  the  charge and any other victims who may also
 4        have suffered out-of-pocket  expenses,  losses,  damages,
 5        and  injuries  proximately  caused  by  the same criminal
 6        conduct of the defendant, and insurance carriers who have
 7        indemnified the named victim or  other  victims  for  the
 8        out-of-pocket  expenses,  losses,  damages,  or injuries,
 9        provided that in no event shall restitution be ordered to
10        be paid on account of pain and suffering.  If a defendant
11        is placed on supervision for, or convicted  of,  domestic
12        battery,   the   defendant   shall  be  required  to  pay
13        restitution to any domestic violence shelter in which the
14        victim and any other family or  household  members  lived
15        because  of  the  domestic  battery.   The  amount of the
16        restitution  shall  equal  the  actual  expenses  of  the
17        domestic violence shelter in providing  housing  and  any
18        other  services  for  the  victim and any other family or
19        household members living at the shelter.  If a  defendant
20        fails to pay restitution in the manner or within the time
21        period  specified  by  the  court, the court may enter an
22        order directing the sheriff to seize any real or personal
23        property of  a  defendant  to  the  extent  necessary  to
24        satisfy  the  order  of  restitution  and  dispose of the
25        property by public sale.  All proceeds from such sale  in
26        excess  of the amount of restitution plus court costs and
27        the costs of the sheriff in conducting the sale shall  be
28        paid to the defendant.
29             (c)  In  cases  where  more  than  one  defendant is
30        accountable for the same criminal conduct that results in
31        out-of-pocket expenses,  losses,  damages,  or  injuries,
32        each defendant shall be ordered to pay restitution in the
33        amount   of  the  total  actual  out-of-pocket  expenses,
34        losses, damages, or injuries to  the  victim  proximately
HB1101 Enrolled            -3-                LRB9003677MWcdA
 1        caused  by  the  conduct of all of the defendants who are
 2        legally accountable for the offense.
 3                  (1)  In no event shall the victim  be  entitled
 4             to  recover  restitution  in  excess  of  the actual
 5             out-of-pocket   expenses,   losses,   damages,    or
 6             injuries,  proximately  caused by the conduct of all
 7             of the defendants.
 8                  (2)  As between the defendants, the  court  may
 9             apportion   the   restitution  that  is  payable  in
10             proportion to each co-defendant's culpability in the
11             commission of the offense.
12                  (3)  In  the  absence  of  a   specific   order
13             apportioning  the  restitution, each defendant shall
14             bear his pro rata share of the restitution.
15                  (4)  As between the defendants, each  defendant
16             shall  be  entitled  to  a pro rata reduction in the
17             total restitution required to be paid to the  victim
18             for   amounts   of   restitution  actually  paid  by
19             co-defendants, and defendants who  shall  have  paid
20             more  than their pro rata share shall be entitled to
21             refunds to be computed by the  court  as  additional
22             amounts are paid by co-defendants.
23             (d)  In  instances  where  a defendant has more than
24        one criminal charge pending against him in a single case,
25        or more than one case, and the defendant stands convicted
26        of one or more charges, a plea  agreement  negotiated  by
27        the  State's  Attorney and the defendants may require the
28        defendant to make restitution to victims of charges  that
29        have  been  dismissed or which it is contemplated will be
30        dismissed under the terms  of  the  plea  agreement,  and
31        under  the  agreement, the court may impose a sentence of
32        restitution  on  the  charge  or  charges  of  which  the
33        defendant has  been  convicted  that  would  require  the
34        defendant   to  make  restitution  to  victims  of  other
HB1101 Enrolled            -4-                LRB9003677MWcdA
 1        offenses as provided in the plea agreement.
 2             (e)  The court may require the  defendant  to  apply
 3        the  balance  of  the  cash  bond, after payment of court
 4        costs, and any fine that may be imposed to the payment of
 5        restitution.
 6             (f)  Taking into consideration the  ability  of  the
 7        defendant  to  pay,  the  court  shall  determine whether
 8        restitution shall be paid  in  a  single  payment  or  in
 9        installments,  and  shall  fix  a  period  of time not in
10        excess   of   5   years,   not   including   periods   of
11        incarceration, within which payment of restitution is  to
12        be paid in full. However, if the court deems it necessary
13        and  in  the  best  interest of the victim, the court may
14        extend beyond 5 years the period of time within which the
15        payment of restitution is to be paid. If the defendant is
16        ordered to pay restitution  and  the  court  orders  that
17        restitution  is  to  be paid over a period greater than 6
18        months, the court shall order  that  the  defendant  make
19        monthly payments; the court may waive this requirement of
20        monthly  payments  only if there is a specific finding of
21        good cause for waiver.
22             (g)  The court shall,  after  determining  that  the
23        defendant  has  the ability to pay, require the defendant
24        to pay for the victim's counseling services if:
25                  (1)  the defendant was convicted of an  offense
26             under   Sections  11-19.2,  11-20.1,  12-13,  12-14,
27             12-14.1, 12-15 or 12-16  of  the  Criminal  Code  of
28             1961,  or  was  charged with such an offense and the
29             charge was reduced to another charge as a result  of
30             a  plea  agreement  under  subsection  (d)  of  this
31             Section, and
32                  (2)  the  victim  was  under 18 years of age at
33             the time the  offense  was  committed  and  requires
34             counseling as a result of the offense.
HB1101 Enrolled            -5-                LRB9003677MWcdA
 1             The  payments  shall be made by the defendant to the
 2        clerk of the circuit court and transmitted by  the  clerk
 3        to  the  appropriate  person or agency as directed by the
 4        court.  The order may require such payments  to  be  made
 5        for  a period not to exceed 5 years after sentencing, not
 6        including periods of incarceration.
 7             (h)  The judge may enter an order of withholding  to
 8        collect the amount of restitution owed in accordance with
 9        Part 8 of Article XII of the Code of Civil Procedure.
10             (i)  A  sentence  of  restitution may be modified or
11        revoked by the court  if  the  offender  commits  another
12        offense,  or  the  offender  fails to make restitution as
13        ordered by the court, but no sentence to make restitution
14        shall be revoked unless the court  shall  find  that  the
15        offender   has   had   the   financial  ability  to  make
16        restitution, and he has wilfully refused to  do  so.   If
17        the  court  shall  find  that the defendant has failed to
18        make restitution and that the failure is not wilful,  the
19        court  may  impose  an  additional  period of time within
20        which to make restitution.  The length of the  additional
21        period  shall  not be more than 2 years.  The court shall
22        retain all of the incidents  of  the  original  sentence,
23        including   the   authority  to  modify  or  enlarge  the
24        conditions, and to revoke or further modify the  sentence
25        if  the  conditions  of  payment  are violated during the
26        additional period.
27             (j)  The procedure upon the filing of a Petition  to
28        Revoke  a  sentence to make restitution shall be the same
29        as the procedures set forth in Section 5-6-4 of this Code
30        governing  violation,  modification,  or  revocation   of
31        Probation, of Conditional Discharge, or of Supervision.
32             (k)  Nothing   contained   in   this  Section  shall
33        preclude the right of any party to  proceed  in  a  civil
34        action  to  recover  for  any damages incurred due to the
HB1101 Enrolled            -6-                LRB9003677MWcdA
 1        criminal misconduct of the defendant.
 2             (l)  Restitution ordered under  this  Section  shall
 3        not be subject to disbursement by the circuit clerk under
 4        Section 27.5 of the Clerks of Courts Act.
 5             (m)  A  restitution  order  under  this Section is a
 6        judgment lien in favor of the victim that:
 7                  (1)  Attaches to the  property  of  the  person
 8             subject to the order;
 9                  (2)  May  be  perfected  in  the same manner as
10             provided in Part 3  of  Article  9  of  the  Uniform
11             Commercial Code;
12                  (3)  May  be  enforced  to  satisfy any payment
13             that is delinquent under the  restitution  order  by
14             the person in whose favor the order is issued or the
15             person's assignee; and
16                  (4)  Expires  in  the same manner as a judgment
17             lien created in a civil proceeding.
18             When  a  restitution  order  is  issued  under  this
19        Section, the issuing court shall send a certified copy of
20        the order to the clerk of the circuit court in the county
21        where the charge was filed.  Upon  receiving  the  order,
22        the  clerk shall enter and index the order in the circuit
23        court judgment docket.
24             (n)  An order of restitution under this Section does
25        not bar a civil action for:
26                  (1)  Damages that the court did not require the
27             person to pay to the victim  under  the  restitution
28             order  but  arise from an injury or property damages
29             that is the basis  of  restitution  ordered  by  the
30             court; and
31                  (2)  Other damages suffered by the victim.
32        The restitution order is not discharged by the completion
33    of the sentence imposed for the offense.
34        A  restitution order under this Section is not discharged
HB1101 Enrolled            -7-                LRB9003677MWcdA
 1    by the liquidation of a person's estate  by  a  receiver.   A
 2    restitution  order  under this Section may be enforced in the
 3    same manner as judgment liens are enforced under Article  XII
 4    of the Code of Civil Procedure.
 5        The  provisions  of  Section  2-1303 of the Code of Civil
 6    Procedure, providing for  interest  on  judgments,  apply  to
 7    judgments for restitution entered under this Section.
 8    (Source: P.A.  88-237;  89-198,  eff.  7-21-95;  89-203, eff.
 9    7-21-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689,
10    eff. 12-31-96.)

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