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91_SB0643enr SB643 Enrolled LRB9104250KSpr 1 AN ACT to amend the Unified Code of Corrections by 2 changing Sections 5-5-6 and 5-6-2. 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 Sections 5-5-6 and 5-6-2 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 in which the person received any 10 injury to their person or damage to their real or personal 11 property as a result of the criminal act of the defendant, 12 the court shall order restitution as provided in this 13 Section. When the offender is sentenced to make restitution 14 the Court shall determine the restitution as hereinafter set 15 forth: 16 (a) At the sentence hearing, the court shall 17 determine whether the property may be restored in kind to 18 the possession of the owner or the person entitled to 19 possession thereof; or whether the defendant is possessed 20 of sufficient skill to repair and restore property 21 damaged; or whether the defendant should be required to 22 make restitution in cash, for out-of-pocket expenses, 23 damages, losses, or injuries found to have been 24 proximately caused by the conduct of the defendant or 25 another for whom the defendant is legally accountable 26 under the provisions of Article V of the Criminal Code of 27 1961. 28 (b) In fixing the amount of restitution to be paid 29 in cash, the court shall allow credit for property 30 returned in kind, for property damages ordered to be 31 repaired by the defendant, and for property ordered to be SB643 Enrolled -2- LRB9104250KSpr 1 restored by the defendant; and after granting the credit, 2 the court shall assess the actual out-of-pocket expenses, 3 losses, damages, and injuries suffered by the victim 4 named in the charge and any other victims who may also 5 have suffered out-of-pocket expenses, losses, damages, 6 and injuries proximately caused by the same criminal 7 conduct of the defendant, and insurance carriers who have 8 indemnified the named victim or other victims for the 9 out-of-pocket expenses, losses, damages, or injuries, 10 provided that in no event shall restitution be ordered to 11 be paid on account of pain and suffering. If a defendant 12 is placed on supervision for, or convicted of, domestic 13 battery, the defendant shall be required to pay 14 restitution to any domestic violence shelter in which the 15 victim and any other family or household members lived 16 because of the domestic battery. The amount of the 17 restitution shall equal the actual expenses of the 18 domestic violence shelter in providing housing and any 19 other services for the victim and any other family or 20 household members living at the shelter. If a defendant 21 fails to pay restitution in the manner or within the time 22 period specified by the court, the court may enter an 23 order directing the sheriff to seize any real or personal 24 property of a defendant to the extent necessary to 25 satisfy the order of restitution and dispose of the 26 property by public sale. All proceeds from such sale in 27 excess of the amount of restitution plus court costs and 28 the costs of the sheriff in conducting the sale shall be 29 paid to the defendant. 30 (c) In cases where more than one defendant is 31 accountable for the same criminal conduct that results in 32 out-of-pocket expenses, losses, damages, or injuries, 33 each defendant shall be ordered to pay restitution in the 34 amount of the total actual out-of-pocket expenses, SB643 Enrolled -3- LRB9104250KSpr 1 losses, damages, or injuries to the victim proximately 2 caused by the conduct of all of the defendants who are 3 legally accountable for the offense. 4 (1) In no event shall the victim be entitled 5 to recover restitution in excess of the actual 6 out-of-pocket expenses, losses, damages, or 7 injuries, proximately caused by the conduct of all 8 of the defendants. 9 (2) As between the defendants, the court may 10 apportion the restitution that is payable in 11 proportion to each co-defendant's culpability in the 12 commission of the offense. 13 (3) In the absence of a specific order 14 apportioning the restitution, each defendant shall 15 bear his pro rata share of the restitution. 16 (4) As between the defendants, each defendant 17 shall be entitled to a pro rata reduction in the 18 total restitution required to be paid to the victim 19 for amounts of restitution actually paid by 20 co-defendants, and defendants who shall have paid 21 more than their pro rata share shall be entitled to 22 refunds to be computed by the court as additional 23 amounts are paid by co-defendants. 24 (d) In instances where a defendant has more than 25 one criminal charge pending against him in a single case, 26 or more than one case, and the defendant stands convicted 27 of one or more charges, a plea agreement negotiated by 28 the State's Attorney and the defendants may require the 29 defendant to make restitution to victims of charges that 30 have been dismissed or which it is contemplated will be 31 dismissed under the terms of the plea agreement, and 32 under the agreement, the court may impose a sentence of 33 restitution on the charge or charges of which the 34 defendant has been convicted that would require the SB643 Enrolled -4- LRB9104250KSpr 1 defendant to make restitution to victims of other 2 offenses as provided in the plea agreement. 3 (e) The court may require the defendant to apply 4 the balance of the cash bond, after payment of court 5 costs, and any fine that may be imposed to the payment of 6 restitution. 7 (f) Taking into consideration the ability of the 8 defendant to pay, the court shall determine whether 9 restitution shall be paid in a single payment or in 10 installments, and shall fix a period of time not in 11 excess of 5 years, not including periods of 12 incarceration, within which payment of restitution is to 13 be paid in full. Complete restitution shall be paid in as 14 short a time period as possible. However, if the court 15 deems it necessary and in the best interest of the 16 victim, the court may extend beyond 5 years the period of 17 time within which the payment of restitution is to be 18 paid. If the defendant is ordered to pay restitution and 19 the court orders that restitution is to be paid over a 20 period greater than 6 months, the court shall order that 21 the defendant make monthly payments; the court may waive 22 this requirement of monthly payments only if there is a 23 specific finding of good cause for waiver. 24 (g) The court shall, after determining that the 25 defendant has the ability to pay, require the defendant 26 to pay for the victim's counseling services if: 27 (1) the defendant was convicted of an offense 28 under Sections 11-19.2, 11-20.1, 12-13, 12-14, 29 12-14.1, 12-15 or 12-16 of the Criminal Code of 30 1961, or was charged with such an offense and the 31 charge was reduced to another charge as a result of 32 a plea agreement under subsection (d) of this 33 Section, and 34 (2) the victim was under 18 years of age at SB643 Enrolled -5- LRB9104250KSpr 1 the time the offense was committed and requires 2 counseling as a result of the offense. 3 The payments shall be made by the defendant to the 4 clerk of the circuit court and transmitted by the clerk 5 to the appropriate person or agency as directed by the 6 court. The order may require such payments to be made 7 for a period not to exceed 5 years after sentencing, not 8 including periods of incarceration. 9 (h) The judge may enter an order of withholding to 10 collect the amount of restitution owed in accordance with 11 Part 8 of Article XII of the Code of Civil Procedure. 12 (i) A sentence of restitution may be modified or 13 revoked by the court if the offender commits another 14 offense, or the offender fails to make restitution as 15 ordered by the court, but no sentence to make restitution 16 shall be revoked unless the court shall find that the 17 offender has had the financial ability to make 18 restitution, and he has wilfully refused to do so. When 19 the offender's ability to pay restitution was established 20 at the time an order of restitution was entered or 21 modified, or when the offender's ability to pay was based 22 on the offender's willingness to make restitution as part 23 of a plea agreement made at the time the order of 24 restitution was entered or modified, there is a 25 rebuttable presumption that the facts and circumstances 26 considered by the court at the hearing at which the order 27 of restitution was entered or modified regarding the 28 offender's ability or willingness to pay restitution have 29 not materially changed. If the court shall find that the 30 defendant has failed to make restitution and that the 31 failure is not wilful, the court may impose an additional 32 period of time within which to make restitution. The 33 length of the additional period shall not be more than 2 34 years. The court shall retain all of the incidents of SB643 Enrolled -6- LRB9104250KSpr 1 the original sentence, including the authority to modify 2 or enlarge the conditions, and to revoke or further 3 modify the sentence if the conditions of payment are 4 violated during the 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 SB643 Enrolled -7- LRB9104250KSpr 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 The restitution order is not discharged by the completion 11 of the sentence imposed for the offense. 12 A restitution order under this Section is not discharged 13 by the liquidation of a person's estate by a receiver. A 14 restitution order under this Section may be enforced in the 15 same manner as judgment liens are enforced under Article XII 16 of the Code of Civil Procedure. 17 The provisions of Section 2-1303 of the Code of Civil 18 Procedure, providing for interest on judgments, apply to 19 judgments for restitution entered under this Section. 20 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95; 21 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff. 22 12-31-96; 90-465, eff. 1-1-98.) 23 (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2) 24 Sec. 5-6-2. Incidents of Probation and of Conditional 25 Discharge. 26 (a) When an offender is sentenced to probation or 27 conditional discharge, the court shall impose a period under 28 paragraph (b) of this Section, and shall specify the 29 conditions under Section 5-6-3. 30 (b) Unless terminated sooner as provided in paragraph 31 (c) of this Section or extended pursuant to paragraph (e) of 32 this Section, the period of probation or conditional 33 discharge shall be as follows: SB643 Enrolled -8- LRB9104250KSpr 1 (1) for a Class 1 or Class 2 felony, not to exceed 2 4 years; 3 (2) for a Class 3 or Class 4 felony, not to exceed 4 30 months; 5 (3) for a misdemeanor, not to exceed 2 years; 6 (4) for a petty offense, not to exceed 6 months. 7 Multiple terms of probation imposed at the same time 8 shall run concurrently. 9 (c) The court may at any time terminate probation or 10 conditional discharge if warranted by the conduct of the 11 offender and the ends of justice, as provided in Section 12 5-6-4. 13 (d) Upon the expiration or termination of the period of 14 probation or of conditional discharge, the court shall enter 15 an order discharging the offender. 16 (e) The court may extend any period of probation or 17 conditional discharge beyond the limits set forth in 18 paragraph (b) of this Section upon a violation of a condition 19 of the probation or conditional discharge,orfor the payment 20 of an assessment required by Section 10.3 of the Cannabis 21 Control Act or Section 411.2 of the Illinois Controlled 22 Substances Act, or for the payment of restitution as provided 23 by an order of restitution under Section 5-5-6 of this Code. 24 (Source: P.A. 86-929; 87-772; 87-895.)