SB3102 EngrossedLRB099 19029 RLC 43418 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing 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 of 
8the Criminal
Code of 1961 or the Criminal Code of 2012 or of 
9Section 11-501 of the Illinois Vehicle Code in which the person 
10received any injury to his or her person or damage
to his or 
11her real or personal property as a result of the criminal act 
12of the
defendant, the court shall order restitution as provided 
13in this Section. In cases involving the Cannabis Control Act, 
14the Illinois Controlled Substances Act, and the 
15Methamphetamine Control and Community Protection Act, 
16restitution shall be ordered for any United States Currency 
17Official Advanced Funds (OAF) expended by law enforcement 
18officers or task force members to purchase the cannabis, 
19controlled substances, or methamphetamine or substance to 
20produce or manufacture, or both, methamphetamine.
Restitution 
21shall include not only United States currency that was used in 
22the offense charged, but any currency that was previously used 
23in the investigation leading to the arrest and subsequent 
 
 
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1conviction.
Restitution shall be awarded only to the law 
2enforcement agency or task force responsible for the 
3expenditure of United States currency.
Restitution shall not 
4exceed the actual amount expended, minus any OAF recovered, by 
5the law enforcement agency or task force during the 
6investigation.
Restitution shall be in addition to any other 
7fine, fee, or cost authorized by law.
Restitution shall apply 
8to any agreed or contested sentence and may be submitted to the 
9court by way of affidavit setting forth the amount of 
10restitution requested, the name of the defendant, and the name 
11of the law enforcement agency or task force.
Bond posted by the 
12defendant may be used for restitution. In
all other cases, 
13except cases in which restitution is required under this

14Section, the court must at the sentence hearing determine 
15whether restitution
is an appropriate sentence to be imposed on 
16each defendant convicted of an
offense. If the court determines 
17that an order directing the offender to make
restitution is 
18appropriate, the offender may be sentenced to make restitution.

19The court may consider restitution an appropriate sentence to 
20be imposed on each defendant convicted of an offense in 
21addition to a sentence of imprisonment. The sentence of the 
22defendant to a term of imprisonment is not a mitigating factor 
23that prevents the court from ordering the defendant to pay 
24restitution. If
the offender is sentenced to make restitution 
25the Court shall determine the
restitution as hereinafter set 
26forth:

 
 
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1  (a) At the sentence hearing, the court shall determine 
2 whether the
property
may be restored in kind to the 
3 possession of the owner or the person entitled
to 
4 possession thereof; or whether the defendant is possessed 
5 of sufficient
skill to repair and restore property damaged; 
6 or whether the defendant should
be required to make 
7 restitution in cash, for out-of-pocket expenses, damages,

8 losses, or injuries found to have been proximately caused 
9 by the conduct
of the defendant or another for whom the 
10 defendant is legally accountable
under the provisions of 
11 Article 5 of the Criminal Code of 1961 or the Criminal Code 
12 of 2012.

13  (b) In fixing the amount of restitution to be paid in 
14 cash, the court
shall allow credit for property returned in 
15 kind, for property damages ordered
to be repaired by the 
16 defendant, and for property ordered to be restored
by the 
17 defendant; and after granting the credit, the court shall 
18 assess
the actual out-of-pocket expenses, losses, damages, 
19 and injuries suffered
by the victim named in the charge and 
20 any other victims who may also have
suffered out-of-pocket 
21 expenses, losses, damages, and injuries proximately
caused 
22 by the same criminal conduct of the defendant, and 
23 insurance
carriers who have indemnified the named victim or 
24 other victims for the
out-of-pocket expenses, losses, 
25 damages, or injuries, provided that in no
event shall 
26 restitution be ordered to be paid on account of pain and

 
 
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1 suffering. When a victim's out-of-pocket expenses have 
2 been paid pursuant to the Crime Victims Compensation Act, 
3 the court shall order restitution be paid to the 
4 compensation program. If a defendant is placed on 
5 supervision for, or convicted of,
domestic battery, the 
6 defendant shall be required to pay restitution to any

7 domestic violence shelter in which the victim and any other 
8 family or household
members lived because of the domestic 
9 battery. The amount of the restitution
shall equal the 
10 actual expenses of the domestic violence shelter in 
11 providing
housing and any other services for the victim and 
12 any other family or household
members living at the 
13 shelter. If a defendant fails to pay restitution in
the 
14 manner or within
the time period specified by the court, 
15 the court may enter an order
directing the sheriff to seize 
16 any real or personal property of a defendant
to the extent 
17 necessary to satisfy the order of restitution and dispose 
18 of
the property by public sale. All proceeds from such sale 
19 in excess of the
amount of restitution plus court costs and 
20 the costs of the sheriff in
conducting the sale shall be 
21 paid to the defendant. The defendant convicted of
domestic 
22 battery, if a person under 18 years of age was present and 
23 witnessed the domestic battery of the
victim, is liable to 
24 pay restitution for the cost of any counseling required
for

25 the child at the discretion of the court.

26  (c) In cases where more than one defendant is 
 
 
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1 accountable for the same
criminal conduct that results in 
2 out-of-pocket expenses, losses, damages,
or injuries, each 
3 defendant shall be ordered to pay restitution in the amount

4 of the total actual out-of-pocket expenses, losses, 
5 damages, or injuries
to the victim proximately caused by 
6 the conduct of all of the defendants
who are legally 
7 accountable for the offense.

8   (1) In no event shall the victim be entitled to 
9 recover restitution in
excess of the actual 
10 out-of-pocket expenses, losses, damages, or injuries,

11 proximately caused by the conduct of all of the 
12 defendants.

13   (2) As between the defendants, the court may 
14 apportion the restitution
that is payable in 
15 proportion to each co-defendant's culpability in the

16 commission of the offense.

17   (3) In the absence of a specific order apportioning 
18 the restitution,
each defendant shall bear his pro rata 
19 share of the restitution.

20   (4) As between the defendants, each defendant 
21 shall be entitled to a pro
rata reduction in the total 
22 restitution required to be paid to the victim
for 
23 amounts of restitution actually paid by co-defendants, 
24 and defendants
who shall have paid more than their pro 
25 rata share shall be entitled to
refunds to be computed 
26 by the court as additional amounts are
paid by 
 
 
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1 co-defendants.

2  (d) In instances where a defendant has more than one 
3 criminal charge
pending
against him in a single case, or 
4 more than one case, and the defendant stands
convicted of 
5 one or more charges, a plea agreement negotiated by the 
6 State's
Attorney and the defendants may require the 
7 defendant to make restitution
to victims of charges that 
8 have been dismissed or which it is contemplated
will be 
9 dismissed under the terms of the plea agreement, and under 
10 the
agreement, the court may impose a sentence of 
11 restitution on the charge
or charges of which the defendant 
12 has been convicted that would require
the defendant to make 
13 restitution to victims of other offenses as provided
in the 
14 plea agreement.

15  (e) The court may require the defendant to apply the 
16 balance of the cash
bond, after payment of court costs, and 
17 any fine that may be imposed to
the payment of restitution.

18  (f) Taking into consideration the ability of the 
19 defendant to pay, including any real or personal property 
20 or any other assets of the defendant,
the court shall 
21 determine whether restitution shall be paid in a single

22 payment or in installments, and shall fix a period of time 
23 not in excess
of 5 years, except for violations of Sections 
24 16-1.3 and 17-56 of the Criminal Code of 1961 or the 
25 Criminal Code of 2012, or the period of time specified in 
26 subsection (f-1), not including periods of incarceration, 
 
 
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1 within which payment of
restitution is to be paid in full.

2 Complete restitution shall be paid in as short a time 
3 period as possible.
However, if the court deems it 
4 necessary and in the best interest of the
victim, the court 
5 may extend beyond 5 years the period of time within which 
6 the
payment of restitution is to be paid.
If the defendant 
7 is ordered to pay restitution and the court orders that

8 restitution is to be paid over a period greater than 6 
9 months, the court
shall order that the defendant make 
10 monthly payments; the court may waive
this requirement of 
11 monthly payments only if there is a specific finding of

12 good cause for waiver.

13  (f-1)(1) In addition to any other penalty prescribed by 
14 law and any restitution ordered under this Section that did 
15 not include long-term physical health care costs, the court 
16 may, upon conviction of any misdemeanor or felony, order a 
17 defendant to pay restitution to a victim in accordance with 
18 the provisions of this subsection (f-1) if the victim has 
19 suffered physical injury as a result of the offense that is 
20 reasonably probable to require or has required long-term 
21 physical health care for more than 3 months. As used in 
22 this subsection (f-1) "long-term physical health care" 
23 includes mental health care.

24  (2) The victim's estimate of long-term physical health 
25 care costs may be made as part of a victim impact statement 
26 under Section 6 of the Rights of Crime Victims and 
 
 
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1 Witnesses Act or made separately. The court shall enter the 
2 long-term physical health care restitution order at the 
3 time of sentencing. An order of restitution made under this 
4 subsection (f-1) shall fix a monthly amount to be paid by 
5 the defendant for as long as long-term physical health care 
6 of the victim is required as a result of the offense. The 
7 order may exceed the length of any sentence imposed upon 
8 the defendant for the criminal activity. The court shall 
9 include as a special finding in the judgment of conviction 
10 its determination of the monthly cost of long-term physical 
11 health care.

12  (3) After a sentencing order has been entered, the 
13 court may from time to time, on the petition of either the 
14 defendant or the victim, or upon its own motion, enter an 
15 order for restitution for long-term physical care or modify 
16 the existing order for restitution for long-term physical 
17 care as to the amount of monthly payments. Any modification 
18 of the order shall be based only upon a substantial change 
19 of circumstances relating to the cost of long-term physical 
20 health care or the financial condition of either the 
21 defendant or the victim. The petition shall be filed as 
22 part of the original criminal docket.

23  (g) In addition to the sentences provided for in 
24 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 
25 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, 
26 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of 
 
 
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1 Section 11-14.4, of the Criminal Code of 1961 or the 
2 Criminal Code of 2012, the court may
order any person who 
3 is convicted of violating any of those Sections or who was 
4 charged with any of those offenses and which charge was 
5 reduced to another charge as a result of a plea agreement 
6 under subsection (d) of this Section to meet
all or any 
7 portion of the financial obligations of treatment, 
8 including but not
limited to medical, psychiatric, or 
9 rehabilitative treatment or psychological counseling,

10 prescribed for the victim or victims of the offense.

11  The payments shall be made by the defendant to the 
12 clerk of the circuit
court
and transmitted by the clerk to 
13 the appropriate person or agency as directed by
the court. 
14 Except as otherwise provided in subsection (f-1), the
order 
15 may require such payments to be made for a period not to

16 exceed 5 years after sentencing, not including periods of 
17 incarceration.

18  (h) The judge may enter an order of withholding to 
19 collect the amount
of restitution owed in accordance with 
20 Part 8 of Article XII of the Code of
Civil Procedure.

21  (i) A sentence of restitution may be modified or 
22 revoked by the court
if the offender commits another 
23 offense, or the offender fails to make
restitution as 
24 ordered by the court, but no sentence to make restitution

25 shall be revoked unless the court shall find that the 
26 offender has had the
financial ability to make restitution, 
 
 
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1 and he has wilfully refused to do
so. When the offender's 
2 ability to pay restitution was established at the time
an 
3 order of restitution was entered or modified, or when the 
4 offender's ability
to pay was based on the offender's 
5 willingness to make restitution as part of a
plea agreement 
6 made at the time the order of restitution was entered or

7 modified, there is a rebuttable presumption that the facts 
8 and circumstances
considered by the court at the hearing at 
9 which the order of restitution was
entered or modified 
10 regarding the offender's ability or willingness to pay

11 restitution have not materially changed. If the court shall 
12 find that the
defendant has failed to make
restitution and 
13 that the failure is not wilful, the court may impose an

14 additional period of time within which to make restitution. 
15 The length of
the additional period shall not be more than 
16 2 years. The court shall
retain all of the incidents of the 
17 original sentence, including the
authority to modify or 
18 enlarge the conditions, and to revoke or further
modify the 
19 sentence if the conditions of payment are violated during 
20 the
additional period.

21  (j) The procedure upon the filing of a Petition to 
22 Revoke a sentence to
make restitution shall be the same as 
23 the procedures set forth in Section
5-6-4 of this Code 
24 governing violation, modification, or revocation of

25 Probation, of Conditional Discharge, or of Supervision.

26  (k) Nothing contained in this Section shall preclude 
 
 
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1 the right of any
party to proceed in a civil action to 
2 recover for any damages incurred due
to the criminal 
3 misconduct of the defendant.

4  (l) Restitution ordered under this Section shall not be

5 subject to disbursement by the circuit clerk under Section 
6 27.5 of the
Clerks of Courts Act.

7  (m) A restitution order under this Section is a 
8 judgment lien in favor
of
the victim that:

9   (1) Attaches to the property of the person subject 
10 to the order;

11   (2) May be perfected in the same manner as provided 
12 in Part 3 of Article
9 of the Uniform Commercial Code;

13   (3) May be enforced to satisfy any payment that is 
14 delinquent under the
restitution order by the person in 
15 whose favor the order is issued or the
person's 
16 assignee; and

17   (4) Expires in the same manner as a judgment lien 
18 created in a civil
proceeding.

19  When a restitution order is issued under this Section, 
20 the issuing court
shall send a certified copy of the order 
21 to the clerk of the circuit court
in the county where the 
22 charge was filed. Upon receiving the order, the
clerk shall 
23 enter and index the order in the circuit court judgment 
24 docket.

25  (n) An order of restitution under this Section does not 
26 bar
a civil action for:

 
 
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1   (1) Damages that the court did not require the 
2 person to pay to the
victim under the restitution order 
3 but arise from an injury or property
damages that is 
4 the basis of restitution ordered by the court; and

5   (2) Other damages suffered by the victim.

6 The restitution order is not discharged by the
completion 
7of the sentence imposed for the offense.

8 A restitution order under this Section is not discharged by 
9the
liquidation of a person's estate by a receiver. A 
10restitution order under
this Section may be enforced in the 
11same manner as judgment liens are
enforced under Article XII of 
12the Code of Civil Procedure.

13 The provisions of Section 2-1303 of the Code of Civil 
14Procedure,
providing for interest on judgments, apply to 
15judgments for restitution entered
under this Section.

16(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11; 
1797-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff. 
181-25-13.)