Bill Text: IL HB4084 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that a court may order a defendant to pay restitution to persons who suffered personal injury or property damage as a result of misdemeanors and felonies committed in violation of the Illinois Vehicle Code. Contains provisions regarding the amount of restitution, plea agreements, applying the balance of the cash bond to the payment of restitution, the manner of payment of restitution, sentence modification or revocation, civil actions, liens, discharge, interest, and other matters.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB4084 Detail]

Download: Illinois-2009-HB4084-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4084 Introduced 2/27/2009, by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
625 ILCS 5/16-105.1 new
Amends the Illinois Vehicle Code. Provides that a court may order a defendant to pay restitution to persons who suffered personal injury or property damage as a result of misdemeanors and felonies committed in violation of the Illinois Vehicle Code. Contains provisions regarding the amount of restitution, plea agreements, applying the balance of the cash bond to the payment of restitution, the manner of payment of restitution, sentence modification or revocation, civil actions, liens, discharge, interest, and other matters.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by adding
Section 16-105.1 as follows:
(625 ILCS 5/16-105.1 new)
Sec. 16-105.1. Restitution.
(a) In all convictions for felonies or misdemeanors in
violation of this Code in which the person received any injury
to his or her person or damage to his or her real or personal
property as a result of the conduct of the defendant, the court
may order restitution as provided in this Section.
(b) In fixing the amount of restitution to be paid, the
court shall assess the actual out-of-pocket expenses, losses,
damages, and injuries suffered by any person or persons that
were proximately caused by the conduct of the defendant, and
the amounts paid by any insurance carriers that have
indemnified those persons for those out-of-pocket expenses,
losses, damages, or injuries, provided that restitution may not
be ordered to be paid on account of pain and suffering. 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

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property of the defendant to the extent necessary to satisfy
the order of restitution and dispose of the property by public
sale. All proceeds from the 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 instances where a defendant has more than one charge
of a felony or misdemeanor in violation of this Code pending
against him or her 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 defendant
may require the defendant to make restitution relating to
charges that have been dismissed or are expected to be
dismissed under the terms of the plea agreement. Also 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 relating
to other offenses as provided in the plea agreement.
(d) 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.
(e) 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 restitution is to be paid in
full. Complete restitution shall be paid in as short a time

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period as possible. If, however, the court deems it necessary
and in the best interest of the person or persons who have
suffered loss or injury, the court may extend beyond 5 years
the period of time within which 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 the requirement of
monthly payments only if there is a specific finding of good
cause for waiver.
(f) 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.
(g) 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
a sentence to make restitution may not be revoked unless the
court finds that the offender (i) has had the financial ability
to make restitution and (ii) has wilfully refused to do so. If
the offender's ability to pay restitution was established at
the time an order of restitution was entered or modified, or if
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 regarding the offender's ability or willingness

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to pay restitution have not materially changed since the date
of the hearing at which the court considered those facts and
circumstances. If the court finds 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 may 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.
(h) The procedures 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 the Unified Code of
Corrections governing violation, modification, or revocation
of probation, of conditional discharge, or of supervision.
(i) This Section does not preclude any party from
proceeding in a civil action to recover for any damages
incurred due to the criminal misconduct of the defendant.
(j) Restitution ordered under this Section is not subject
to disbursement by the circuit clerk under Section 27.5 of the
Clerks of Courts Act.
(k) 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;

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(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.
(l) 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.
(m) 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 personal injury or property damage that is the basis
of restitution ordered by the court; and
(2) other damages suffered by the person or persons who
suffered loss or injury.
(n) The restitution order is not discharged by the
completion of the sentence imposed for the offense.
(o) 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

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enforced in the same manner as judgment liens are enforced
under Article XII of the Code of Civil Procedure.
(p) Section 2-1303 of the Code of Civil Procedure,
providing for interest on judgments, applies to judgments for
restitution entered under this Section.