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Public Act 91-0153
SB643 Enrolled LRB9104250KSpr
AN ACT to amend the Unified Code of Corrections by
changing Sections 5-5-6 and 5-6-2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 5-5-6 and 5-6-2 as follows:
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
Sec. 5-5-6. In all convictions for offenses in violation
of the Criminal Code of 1961 in which the person received any
injury to their person or damage to their real or personal
property as a result of the criminal act of the defendant,
the court shall order restitution as provided in this
Section. When the offender is sentenced to make restitution
the Court shall determine the restitution as hereinafter set
forth:
(a) At the sentence hearing, the court shall
determine whether the property may be restored in kind to
the possession of the owner or the person entitled to
possession thereof; or whether the defendant is possessed
of sufficient skill to repair and restore property
damaged; or whether the defendant should be required to
make restitution in cash, for out-of-pocket expenses,
damages, losses, or injuries found to have been
proximately caused by the conduct of the defendant or
another for whom the defendant is legally accountable
under the provisions of Article V of the Criminal Code of
1961.
(b) In fixing the amount of restitution to be paid
in cash, the court shall allow credit for property
returned in kind, for property damages ordered to be
repaired by the defendant, and for property ordered to be
restored by the defendant; and after granting the credit,
the court shall assess the actual out-of-pocket expenses,
losses, damages, and injuries suffered by the victim
named in the charge and any other victims who may also
have suffered out-of-pocket expenses, losses, damages,
and injuries proximately caused by the same criminal
conduct of the defendant, and insurance carriers who have
indemnified the named victim or other victims for the
out-of-pocket expenses, losses, damages, or injuries,
provided that in no event shall restitution be ordered to
be paid on account of pain and suffering. If a defendant
is placed on supervision for, or convicted of, domestic
battery, the defendant shall be required to pay
restitution to any domestic violence shelter in which the
victim and any other family or household members lived
because of the domestic battery. The amount of the
restitution shall equal the actual expenses of the
domestic violence shelter in providing housing and any
other services for the victim and any other family or
household members living at the shelter. If a defendant
fails to pay restitution in the manner or within the time
period specified by the court, the court may enter an
order directing the sheriff to seize any real or personal
property of a defendant to the extent necessary to
satisfy the order of restitution and dispose of the
property by public sale. All proceeds from such sale in
excess of the amount of restitution plus court costs and
the costs of the sheriff in conducting the sale shall be
paid to the defendant.
(c) In cases where more than one defendant is
accountable for the same criminal conduct that results in
out-of-pocket expenses, losses, damages, or injuries,
each defendant shall be ordered to pay restitution in the
amount of the total actual out-of-pocket expenses,
losses, damages, or injuries to the victim proximately
caused by the conduct of all of the defendants who are
legally accountable for the offense.
(1) In no event shall the victim be entitled
to recover restitution in excess of the actual
out-of-pocket expenses, losses, damages, or
injuries, proximately caused by the conduct of all
of the defendants.
(2) As between the defendants, the court may
apportion the restitution that is payable in
proportion to each co-defendant's culpability in the
commission of the offense.
(3) In the absence of a specific order
apportioning the restitution, each defendant shall
bear his pro rata share of the restitution.
(4) As between the defendants, each defendant
shall be entitled to a pro rata reduction in the
total restitution required to be paid to the victim
for amounts of restitution actually paid by
co-defendants, and defendants who shall have paid
more than their pro rata share shall be entitled to
refunds to be computed by the court as additional
amounts are paid by co-defendants.
(d) In instances where a defendant has more than
one criminal charge pending against him in a single case,
or more than one case, and the defendant stands convicted
of one or more charges, a plea agreement negotiated by
the State's Attorney and the defendants may require the
defendant to make restitution to victims of charges that
have been dismissed or which it is contemplated will be
dismissed under the terms of the plea agreement, and
under the agreement, the court may impose a sentence of
restitution on the charge or charges of which the
defendant has been convicted that would require the
defendant to make restitution to victims of other
offenses as provided in the plea agreement.
(e) The court may require the defendant to apply
the balance of the cash bond, after payment of court
costs, and any fine that may be imposed to the payment of
restitution.
(f) Taking into consideration the ability of the
defendant to pay, the court shall determine whether
restitution shall be paid in a single payment or in
installments, and shall fix a period of time not in
excess of 5 years, not including periods of
incarceration, within which payment of restitution is to
be paid in full. Complete restitution shall be paid in as
short a time period as possible. However, if the court
deems it necessary and in the best interest of the
victim, the court may extend beyond 5 years the period of
time within which the payment of restitution is to be
paid. If the defendant is ordered to pay restitution and
the court orders that restitution is to be paid over a
period greater than 6 months, the court shall order that
the defendant make monthly payments; the court may waive
this requirement of monthly payments only if there is a
specific finding of good cause for waiver.
(g) The court shall, after determining that the
defendant has the ability to pay, require the defendant
to pay for the victim's counseling services if:
(1) the defendant was convicted of an offense
under Sections 11-19.2, 11-20.1, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of
1961, or was charged with such an offense and the
charge was reduced to another charge as a result of
a plea agreement under subsection (d) of this
Section, and
(2) the victim was under 18 years of age at
the time the offense was committed and requires
counseling as a result of the offense.
The payments shall be made by the defendant to the
clerk of the circuit court and transmitted by the clerk
to the appropriate person or agency as directed by the
court. The order may require such payments to be made
for a period not to exceed 5 years after sentencing, not
including periods of incarceration.
(h) The judge may enter an order of withholding to
collect the amount of restitution owed in accordance with
Part 8 of Article XII of the Code of Civil Procedure.
(i) A sentence of restitution may be modified or
revoked by the court if the offender commits another
offense, or the offender fails to make restitution as
ordered by the court, but no sentence to make restitution
shall be revoked unless the court shall find that the
offender has had the financial ability to make
restitution, and he has wilfully refused to do so. When
the offender's ability to pay restitution was established
at the time an order of restitution was entered or
modified, or when the offender's ability to pay was based
on the offender's willingness to make restitution as part
of a plea agreement made at the time the order of
restitution was entered or modified, there is a
rebuttable presumption that the facts and circumstances
considered by the court at the hearing at which the order
of restitution was entered or modified regarding the
offender's ability or willingness to pay restitution have
not materially changed. If the court shall find that the
defendant has failed to make restitution and that the
failure is not wilful, the court may impose an additional
period of time within which to make restitution. The
length of the additional period shall not be more than 2
years. The court shall retain all of the incidents of
the original sentence, including the authority to modify
or enlarge the conditions, and to revoke or further
modify the sentence if the conditions of payment are
violated during the additional period.
(j) The procedure upon the filing of a Petition to
Revoke a sentence to make restitution shall be the same
as the procedures set forth in Section 5-6-4 of this Code
governing violation, modification, or revocation of
Probation, of Conditional Discharge, or of Supervision.
(k) Nothing contained in this Section shall
preclude the right of any party to proceed in a civil
action to recover for any damages incurred due to the
criminal misconduct of the defendant.
(l) Restitution ordered under this Section shall
not be subject to disbursement by the circuit clerk under
Section 27.5 of the Clerks of Courts Act.
(m) A restitution order under this Section is a
judgment lien in favor of the victim that:
(1) Attaches to the property of the person
subject to the order;
(2) May be perfected in the same manner as
provided in Part 3 of Article 9 of the Uniform
Commercial Code;
(3) May be enforced to satisfy any payment
that is delinquent under the restitution order by
the person in whose favor the order is issued or the
person's assignee; and
(4) Expires in the same manner as a judgment
lien created in a civil proceeding.
When a restitution order is issued under this
Section, the issuing court shall send a certified copy of
the order to the clerk of the circuit court in the county
where the charge was filed. Upon receiving the order,
the clerk shall enter and index the order in the circuit
court judgment docket.
(n) An order of restitution under this Section does
not bar a civil action for:
(1) Damages that the court did not require the
person to pay to the victim under the restitution
order but arise from an injury or property damages
that is the basis of restitution ordered by the
court; and
(2) Other damages suffered by the victim.
The restitution order is not discharged by the completion
of the sentence imposed for the offense.
A restitution order under this Section is not discharged
by the liquidation of a person's estate by a receiver. A
restitution order under this Section may be enforced in the
same manner as judgment liens are enforced under Article XII
of the Code of Civil Procedure.
The provisions of Section 2-1303 of the Code of Civil
Procedure, providing for interest on judgments, apply to
judgments for restitution entered under this Section.
(Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff.
12-31-96; 90-465, eff. 1-1-98.)
(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
Sec. 5-6-2. Incidents of Probation and of Conditional
Discharge.
(a) When an offender is sentenced to probation or
conditional discharge, the court shall impose a period under
paragraph (b) of this Section, and shall specify the
conditions under Section 5-6-3.
(b) Unless terminated sooner as provided in paragraph
(c) of this Section or extended pursuant to paragraph (e) of
this Section, the period of probation or conditional
discharge shall be as follows:
(1) for a Class 1 or Class 2 felony, not to exceed
4 years;
(2) for a Class 3 or Class 4 felony, not to exceed
30 months;
(3) for a misdemeanor, not to exceed 2 years;
(4) for a petty offense, not to exceed 6 months.
Multiple terms of probation imposed at the same time
shall run concurrently.
(c) The court may at any time terminate probation or
conditional discharge if warranted by the conduct of the
offender and the ends of justice, as provided in Section
5-6-4.
(d) Upon the expiration or termination of the period of
probation or of conditional discharge, the court shall enter
an order discharging the offender.
(e) The court may extend any period of probation or
conditional discharge beyond the limits set forth in
paragraph (b) of this Section upon a violation of a condition
of the probation or conditional discharge, or for the payment
of an assessment required by Section 10.3 of the Cannabis
Control Act or Section 411.2 of the Illinois Controlled
Substances Act, or for the payment of restitution as provided
by an order of restitution under Section 5-5-6 of this Code.
(Source: P.A. 86-929; 87-772; 87-895.)
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