State of Illinois
91st General Assembly

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 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.  Restitution.    In   all  convictions  for
 9    offenses in violation of the Criminal Code of 1961  in  which
10    the  person  received any injury to their person or damage to
11    their real or personal property as a result of  the  criminal
12    act  of  the  defendant, the court shall order restitution as
13    provided in this Section.  When the offender is sentenced  to
14    make restitution the Court shall determine the restitution as
15    hereinafter set 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
                            -2-                LRB9104589KSdv
 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,
                            -3-                LRB9104589KSdv
 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
                            -4-                LRB9104589KSdv
 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. However, if the court deems it necessary
14        and in the best interest of the  victim,  the  court  may
15        extend beyond 5 years the period of time within which the
16        payment of restitution is to be paid. If the defendant is
17        ordered  to  pay  restitution  and  the court orders that
18        restitution is to be paid over a period  greater  than  6
19        months,  the  court  shall  order that the defendant make
20        monthly payments; the court may waive this requirement of
21        monthly payments only if there is a specific  finding  of
22        good cause for waiver.
23             (g)  The  court  shall,  after  determining that the
24        defendant has the ability to pay, require  the  defendant
25        to pay for the victim's counseling services if:
26                  (1)  the  defendant was convicted of an offense
27             under  Sections  11-19.2,  11-20.1,  12-13,   12-14,
28             12-14.1,  12-15  or  12-16  of  the Criminal Code of
29             1961, or was charged with such an  offense  and  the
30             charge  was reduced to another charge as a result of
31             a  plea  agreement  under  subsection  (d)  of  this
32             Section, and
33                  (2)  the victim was under 18 years  of  age  at
34             the  time  the  offense  was  committed and requires
                            -5-                LRB9104589KSdv
 1             counseling as a result of the offense.
 2             The payments shall be made by the defendant  to  the
 3        clerk  of  the circuit court and transmitted by the clerk
 4        to the appropriate person or agency as  directed  by  the
 5        court.   The  order  may require such payments to be made
 6        for a period not to exceed 5 years after sentencing,  not
 7        including periods of incarceration.
 8             (h)  The  judge may enter an order of withholding to
 9        collect the amount of restitution owed in accordance with
10        Part 8 of Article XII of the Code of Civil Procedure.
11             (i)  A sentence of restitution may  be  modified  or
12        revoked  by  the  court  if  the offender commits another
13        offense, or the offender fails  to  make  restitution  as
14        ordered by the court, but no sentence to make restitution
15        shall  be  revoked  unless  the court shall find that the
16        offender  has  had  the   financial   ability   to   make
17        restitution,  and  he  has wilfully refused to do so.  If
18        the court shall find that the  defendant  has  failed  to
19        make  restitution and that the failure is not wilful, the
20        court may impose an  additional  period  of  time  within
21        which  to make restitution.  The length of the additional
22        period shall not be more than 2 years.  The  court  shall
23        retain  all  of  the  incidents of the original sentence,
24        including  the  authority  to  modify  or   enlarge   the
25        conditions,  and to revoke or further modify the sentence
26        if the conditions of  payment  are  violated  during  the
27        additional period.
28             (j)  The  procedure upon the filing of a Petition to
29        Revoke a sentence to make restitution shall be  the  same
30        as the procedures set forth in Section 5-6-4 of this Code
31        governing   violation,  modification,  or  revocation  of
32        Probation, of Conditional Discharge, or of Supervision.
33             (k)  Nothing  contained  in   this   Section   shall
34        preclude  the  right  of  any party to proceed in a civil
                            -6-                LRB9104589KSdv
 1        action to recover for any damages  incurred  due  to  the
 2        criminal misconduct of the defendant.
 3             (l)  Restitution  ordered  under  this Section shall
 4        not be subject to disbursement by the circuit clerk under
 5        Section 27.5 of the Clerks of Courts Act.
 6             (m)  A restitution order under  this  Section  is  a
 7        judgment lien in favor of the victim that:
 8                  (1)  Attaches  to  the  property  of the person
 9             subject to the order;
10                  (2)  May be perfected in  the  same  manner  as
11             provided  in  Part  3  of  Article  9 of the Uniform
12             Commercial Code;
13                  (3)  May be enforced  to  satisfy  any  payment
14             that  is  delinquent  under the restitution order by
15             the person in whose favor the order is issued or the
16             person's assignee; and
17                  (4)  Expires in the same manner as  a  judgment
18             lien created in a civil proceeding.
19             When  a  restitution  order  is  issued  under  this
20        Section, the issuing court shall send a certified copy of
21        the order to the clerk of the circuit court in the county
22        where  the  charge  was filed.  Upon receiving the order,
23        the clerk shall enter and index the order in the  circuit
24        court judgment docket.
25             (n)  An order of restitution under this Section does
26        not bar a civil action for:
27                  (1)  Damages that the court did not require the
28             person  to  pay  to the victim under the restitution
29             order but arise from an injury or  property  damages
30             that  is  the  basis  of  restitution ordered by the
31             court; and
32                  (2)  Other damages suffered by the victim.
33        The restitution order is not discharged by the completion
34    of the sentence imposed for the offense.
                            -7-                LRB9104589KSdv
 1        A restitution order under this Section is not  discharged
 2    by  the  liquidation  of  a person's estate by a receiver.  A
 3    restitution order under this Section may be enforced  in  the
 4    same  manner as judgment liens are enforced under Article XII
 5    of the Code of Civil Procedure.
 6        The provisions of Section 2-1303 of  the  Code  of  Civil
 7    Procedure,  providing  for  interest  on  judgments, apply to
 8    judgments for restitution entered under this Section.
 9    (Source: P.A. 89-198, eff.  7-21-95;  89-203,  eff.  7-21-95;
10    89-428,  eff.  12-13-95;  89-462,  eff. 5-29-96; 89-689, eff.
11    12-31-96; 90-465, eff. 1-1-98.)

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