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Public Act 100-1037


 

Public Act 1037 100TH GENERAL ASSEMBLY



 


 
Public Act 100-1037
 
HB2063 EnrolledLRB100 04604 HEP 14610 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Crime Victims Compensation Act is amended by
changing Section 6.1 as follows:
 
    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
    Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
        (a) Within 2 years of the occurrence of the crime, or
    within one year after a criminal charge of a person for an
    offense, upon which the claim is based, he files an
    application, under oath, with the Court of Claims and on a
    form prescribed in accordance with Section 7.1 furnished by
    the Attorney General. If the person entitled to
    compensation is under 18 years of age or under other legal
    disability at the time of the occurrence or is determined
    by a court to be under a legal disability as a result of
    the occurrence, he may file the application required by
    this subsection within 2 years after he attains the age of
    18 years or the disability is removed, as the case may be.
    Legal disability includes a diagnosis of posttraumatic
    stress disorder.
        (b) For all crimes of violence, except those listed in
    subsection (b-1) of this Section, the appropriate law
    enforcement officials were notified within 72 hours of the
    perpetration of the crime allegedly causing the death or
    injury to the victim or, in the event such notification was
    made more than 72 hours after the perpetration of the
    crime, the applicant establishes that such notice was
    timely under the circumstances.
        (b-1) For victims of offenses defined in Sections 10-9,
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
    the Criminal Code of 2012, the appropriate law enforcement
    officials were notified within 7 days of the perpetration
    of the crime allegedly causing death or injury to the
    victim or, in the event that the notification was made more
    than 7 days after the perpetration of the crime, the
    applicant establishes that the notice was timely under the
    circumstances. If the applicant or victim has obtained an
    order of protection, a civil no contact order, or a
    stalking no contact order, or has presented himself or
    herself to a hospital for sexual assault evidence
    collection and medical care, or is engaged in a legal
    proceeding involving a claim that the applicant or victim
    is a victim of human trafficking, such action shall
    constitute appropriate notification under this subsection
    (b-1) or subsection (b) of this Section.
        (c) The applicant has cooperated with law enforcement
    officials in the apprehension and prosecution of the
    assailant. If the applicant or victim has obtained an order
    of protection, a civil no contact order, or a stalking no
    contact order, or has presented himself or herself to a
    hospital for sexual assault evidence collection and
    medical care, or is engaged in a legal proceeding involving
    a claim that the applicant or victim is a victim of human
    trafficking, such action shall constitute cooperation
    under this subsection (c). If the victim is under 18 years
    of age at the time of the commission of the offense, the
    following shall constitute cooperation under this
    subsection (c):
            (1) the applicant or the victim files a police
        report with a law enforcement agency;
            (2) a mandated reporter reports the crime to law
        enforcement; or
            (3) a person with firsthand knowledge of the crime
        reports the crime to law enforcement.
        (d) The applicant is not the offender or an accomplice
    of the offender and the award would not unjustly benefit
    the offender or his accomplice.
        (e) The injury to or death of the victim was not
    substantially attributable to his own wrongful act and was
    not substantially provoked by the victim.
        (f) For victims of offenses defined in Section 10-9 of
    the Criminal Code of 2012, the victim submits a statement
    under oath on a form prescribed by the Attorney General
    attesting that the removed tattoo was applied in connection
    with the commission of the offense.
(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18.)

Effective Date: 1/1/2019