HB 2650 — CD CORR-RESTITUTION-DUI

HB2650 EngrossedEnrolled LRB096 08947 RLC 19085 b AN ACT concerning criminal law.

The sentence of the defendant to a term of imprisonment is not a mitigating factor that prevents the court from ordering the HB2650 EngrossedEnrolled - 2 - LRB096 08947 RLC 19085 b defendant to pay restitution.

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, HB2650 EngrossedEnrolled - 3 - LRB096 08947 RLC 19085 b damages, or injuries, provided that in no event shall restitution be ordered to be paid on account of pain and suffering.

(c) In cases where more than one defendant is accountable for the same criminal conduct that results in HB2650 EngrossedEnrolled - 4 - LRB096 08947 RLC 19085 b 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.

HB2650 EngrossedEnrolled - 5 - LRB096 08947 RLC 19085 b (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.

However, if the court deems it HB2650 EngrossedEnrolled - 6 - LRB096 08947 RLC 19085 b 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.

An order of restitution made under this HB2650 EngrossedEnrolled - 7 - LRB096 08947 RLC 19085 b subsection (f-1) shall fix a monthly amount to be paid by the defendant for as long as long-term physical health care of the victim is required as a result of the offense.

(g) In addition to the sentences provided for in Sections 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961, the court may order any person who is convicted of violating any of those Sections or who was charged with any of those offenses and which charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section to meet HB2650 EngrossedEnrolled - 8 - LRB096 08947 RLC 19085 b all or any portion of the financial obligations of treatment, including but not limited to medical, psychiatric, or rehabilitative treatment or psychological counseling, prescribed for the victim or victims of the offense.

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 HB2650 EngrossedEnrolled - 9 - LRB096 08947 RLC 19085 b 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.

(l) Restitution ordered under this Section shall not be subject to disbursement by the circuit clerk under Section HB2650 EngrossedEnrolled - 10 - LRB096 08947 RLC 19085 b 27.5 of the Clerks of Courts Act.

HB2650 EngrossedEnrolled - 11 - LRB096 08947 RLC 19085 b The restitution order is not discharged by the completion of the sentence imposed for the offense.