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91_SB0080enr
SB80 Enrolled LRB9101960RCcs
1 AN ACT in relation to domestic battery.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-3.2 as follows:
6 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
7 Sec. 12-3.2. Domestic Battery.
8 (a) A person commits domestic battery if he
9 intentionally or knowingly without legal justification by any
10 means:
11 (1) Causes bodily harm to any family or household
12 member as defined in subsection (3) of Section 112A-3 of
13 the Code of Criminal Procedure of 1963, as amended;
14 (2) Makes physical contact of an insulting or
15 provoking nature with any family or household member as
16 defined in subsection (3) of Section 112A-3 of the Code
17 of Criminal Procedure of 1963, as amended.
18 (b) Sentence. Domestic battery is a Class A
19 Misdemeanor. Domestic battery is a Class 4 felony if the
20 defendant has any prior conviction under this Code for
21 domestic battery (Section 12-3.2) or violation of an order of
22 protection (Section 12-30). In addition to any other
23 sentencing alternatives, for any second conviction of
24 violating this Section within 5 years of a previous
25 conviction for violating this Section, the offender shall be
26 mandatorily sentenced to a minimum of 48 consecutive hours of
27 imprisonment. The imprisonment shall not be subject to
28 suspension, nor shall the person be eligible for probation in
29 order to reduce the sentence.
30 (c) For any conviction for domestic battery, if a person
31 under 18 years of age who is the child of the offender or of
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1 the victim was present and witnessed the domestic battery of
2 the victim, the defendant is liable for the cost of any
3 counseling required for the child at the discretion of the
4 court in accordance with subsection (b) of Section 5-5-6 of
5 the Unified Code of Corrections.
6 (Source: P.A. 90-734, eff. 1-1-99.)
7 Section 10. The Unified Code of Corrections is amended
8 by changing Section 5-5-6 as follows:
9 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
10 Sec. 5-5-6. In all convictions for offenses in violation
11 of the Criminal Code of 1961 in which the person received any
12 injury to their person or damage to their real or personal
13 property as a result of the criminal act of the defendant,
14 the court shall order restitution as provided in this
15 Section. When the offender is sentenced to make restitution
16 the Court shall determine the restitution as hereinafter set
17 forth:
18 (a) At the sentence hearing, the court shall
19 determine whether the property may be restored in kind to
20 the possession of the owner or the person entitled to
21 possession thereof; or whether the defendant is possessed
22 of sufficient skill to repair and restore property
23 damaged; or whether the defendant should be required to
24 make restitution in cash, for out-of-pocket expenses,
25 damages, losses, or injuries found to have been
26 proximately caused by the conduct of the defendant or
27 another for whom the defendant is legally accountable
28 under the provisions of Article V of the Criminal Code of
29 1961.
30 (b) In fixing the amount of restitution to be paid
31 in cash, the court shall allow credit for property
32 returned in kind, for property damages ordered to be
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1 repaired by the defendant, and for property ordered to be
2 restored by the defendant; and after granting the credit,
3 the court shall assess the actual out-of-pocket expenses,
4 losses, damages, and injuries suffered by the victim
5 named in the charge and any other victims who may also
6 have suffered out-of-pocket expenses, losses, damages,
7 and injuries proximately caused by the same criminal
8 conduct of the defendant, and insurance carriers who have
9 indemnified the named victim or other victims for the
10 out-of-pocket expenses, losses, damages, or injuries,
11 provided that in no event shall restitution be ordered to
12 be paid on account of pain and suffering. If a defendant
13 is placed on supervision for, or convicted of, domestic
14 battery, the defendant shall be required to pay
15 restitution to any domestic violence shelter in which the
16 victim and any other family or household members lived
17 because of the domestic battery. The amount of the
18 restitution shall equal the actual expenses of the
19 domestic violence shelter in providing housing and any
20 other services for the victim and any other family or
21 household members living at the shelter. If a defendant
22 fails to pay restitution in the manner or within the time
23 period specified by the court, the court may enter an
24 order directing the sheriff to seize any real or personal
25 property of a defendant to the extent necessary to
26 satisfy the order of restitution and dispose of the
27 property by public sale. All proceeds from such sale in
28 excess of the amount of restitution plus court costs and
29 the costs of the sheriff in conducting the sale shall be
30 paid to the defendant. The defendant convicted of
31 domestic battery, if a person under 18 years of age who
32 is the child of the offender or of the victim was present
33 and witnessed the domestic battery of the victim, is
34 liable to pay restitution for the cost of any counseling
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1 required for the child at the discretion of the court.
2 (c) In cases where more than one defendant is
3 accountable for the same criminal conduct that results in
4 out-of-pocket expenses, losses, damages, or injuries,
5 each defendant shall be ordered to pay restitution in the
6 amount of the total actual out-of-pocket expenses,
7 losses, damages, or injuries to the victim proximately
8 caused by the conduct of all of the defendants who are
9 legally accountable for the offense.
10 (1) In no event shall the victim be entitled
11 to recover restitution in excess of the actual
12 out-of-pocket expenses, losses, damages, or
13 injuries, proximately caused by the conduct of all
14 of the defendants.
15 (2) As between the defendants, the court may
16 apportion the restitution that is payable in
17 proportion to each co-defendant's culpability in the
18 commission of the offense.
19 (3) In the absence of a specific order
20 apportioning the restitution, each defendant shall
21 bear his pro rata share of the restitution.
22 (4) As between the defendants, each defendant
23 shall be entitled to a pro rata reduction in the
24 total restitution required to be paid to the victim
25 for amounts of restitution actually paid by
26 co-defendants, and defendants who shall have paid
27 more than their pro rata share shall be entitled to
28 refunds to be computed by the court as additional
29 amounts are paid by co-defendants.
30 (d) In instances where a defendant has more than
31 one criminal charge pending against him in a single case,
32 or more than one case, and the defendant stands convicted
33 of one or more charges, a plea agreement negotiated by
34 the State's Attorney and the defendants may require the
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1 defendant to make restitution to victims of charges that
2 have been dismissed or which it is contemplated will be
3 dismissed under the terms of the plea agreement, and
4 under the agreement, the court may impose a sentence of
5 restitution on the charge or charges of which the
6 defendant has been convicted that would require the
7 defendant to make restitution to victims of other
8 offenses as provided in the plea agreement.
9 (e) The court may require the defendant to apply
10 the balance of the cash bond, after payment of court
11 costs, and any fine that may be imposed to the payment of
12 restitution.
13 (f) Taking into consideration the ability of the
14 defendant to pay, the court shall determine whether
15 restitution shall be paid in a single payment or in
16 installments, and shall fix a period of time not in
17 excess of 5 years, not including periods of
18 incarceration, within which payment of restitution is to
19 be paid in full. However, if the court deems it necessary
20 and in the best interest of the victim, the court may
21 extend beyond 5 years the period of time within which the
22 payment of restitution is to be paid. If the defendant is
23 ordered to pay restitution and the court orders that
24 restitution is to be paid over a period greater than 6
25 months, the court shall order that the defendant make
26 monthly payments; the court may waive this requirement of
27 monthly payments only if there is a specific finding of
28 good cause for waiver.
29 (g) The court shall, after determining that the
30 defendant has the ability to pay, require the defendant
31 to pay for the victim's counseling services if:
32 (1) the defendant was convicted of an offense
33 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
34 12-14.1, 12-15 or 12-16 of the Criminal Code of
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1 1961, or was charged with such an offense and the
2 charge was reduced to another charge as a result of
3 a plea agreement under subsection (d) of this
4 Section, and
5 (2) the victim was under 18 years of age at
6 the time the offense was committed and requires
7 counseling as a result of the offense.
8 The payments shall be made by the defendant to the
9 clerk of the circuit court and transmitted by the clerk
10 to the appropriate person or agency as directed by the
11 court. The order may require such payments to be made
12 for a period not to exceed 5 years after sentencing, not
13 including periods of incarceration.
14 (h) The judge may enter an order of withholding to
15 collect the amount of restitution owed in accordance with
16 Part 8 of Article XII of the Code of Civil Procedure.
17 (i) A sentence of restitution may be modified or
18 revoked by the court if the offender commits another
19 offense, or the offender fails to make restitution as
20 ordered by the court, but no sentence to make restitution
21 shall be revoked unless the court shall find that the
22 offender has had the financial ability to make
23 restitution, and he has wilfully refused to do so. If
24 the court shall find that the defendant has failed to
25 make restitution and that the failure is not wilful, the
26 court may impose an additional period of time within
27 which to make restitution. The length of the additional
28 period shall not be more than 2 years. The court shall
29 retain all of the incidents of the original sentence,
30 including the authority to modify or enlarge the
31 conditions, and to revoke or further modify the sentence
32 if the conditions of payment are violated during the
33 additional period.
34 (j) The procedure upon the filing of a Petition to
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1 Revoke a sentence to make restitution shall be the same
2 as the procedures set forth in Section 5-6-4 of this Code
3 governing violation, modification, or revocation of
4 Probation, of Conditional Discharge, or of Supervision.
5 (k) Nothing contained in this Section shall
6 preclude the right of any party to proceed in a civil
7 action to recover for any damages incurred due to the
8 criminal misconduct of the defendant.
9 (l) Restitution ordered under this Section shall
10 not be subject to disbursement by the circuit clerk under
11 Section 27.5 of the Clerks of Courts Act.
12 (m) A restitution order under this Section is a
13 judgment lien in favor of the victim that:
14 (1) Attaches to the property of the person
15 subject to the order;
16 (2) May be perfected in the same manner as
17 provided in Part 3 of Article 9 of the Uniform
18 Commercial Code;
19 (3) May be enforced to satisfy any payment
20 that is delinquent under the restitution order by
21 the person in whose favor the order is issued or the
22 person's assignee; and
23 (4) Expires in the same manner as a judgment
24 lien created in a civil proceeding.
25 When a restitution order is issued under this
26 Section, the issuing court shall send a certified copy of
27 the order to the clerk of the circuit court in the county
28 where the charge was filed. Upon receiving the order,
29 the clerk shall enter and index the order in the circuit
30 court judgment docket.
31 (n) An order of restitution under this Section does
32 not bar a civil action for:
33 (1) Damages that the court did not require the
34 person to pay to the victim under the restitution
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1 order but arise from an injury or property damages
2 that is the basis of restitution ordered by the
3 court; and
4 (2) Other damages suffered by the victim.
5 The restitution order is not discharged by the completion
6 of the sentence imposed for the offense.
7 A restitution order under this Section is not discharged
8 by the liquidation of a person's estate by a receiver. A
9 restitution order under this Section may be enforced in the
10 same manner as judgment liens are enforced under Article XII
11 of the Code of Civil Procedure.
12 The provisions of Section 2-1303 of the Code of Civil
13 Procedure, providing for interest on judgments, apply to
14 judgments for restitution entered under this Section.
15 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
16 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff.
17 12-31-96; 90-465, eff. 1-1-98.)
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