HB2063 EnrolledLRB100 04604 HEP 14610 b



1    AN ACT concerning civil law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



 
4    Section 5. The Crime Victims Compensation Act is amended  by 
5changing Section 6.1 as follows:
 


6    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)



7    Sec. 6.1. Right to compensation. A person is entitled to 
8compensation
under this Act if:

9        (a) Within 2 years of the occurrence of the crime, or 
10    within one year after a criminal charge of a person for an 
11    offense, upon
which the claim
is based, he files an 
12    application, under oath, with the Court of Claims and
on a 
13    form prescribed in accordance with Section 7.1 furnished by 
14    the
Attorney General.  If the person entitled to 
15    compensation is under 18 years
of age or under other legal 
16    disability at the time of the occurrence or
is determined 
17    by a court to be under a legal disability as a result of 
18    the occurrence, he may file the
application required by 
19    this subsection within 2 years after
he attains
the age of 
20    18 years or the disability is removed, as the case may be. 
21    Legal disability includes a diagnosis of posttraumatic 
22    stress disorder.


23        (b) For all crimes of violence, except those listed in 
 
 
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1    subsection (b-1) of this Section, the appropriate law 
2    enforcement officials were notified within
72 hours of the 
3    perpetration of the crime allegedly causing the death or

4    injury to the victim or, in the event such notification was 
5    made more
than 72 hours after the perpetration of the 
6    crime, the applicant
establishes that such notice was 
7    timely under the circumstances.

8        (b-1) For victims of offenses defined in Sections 10-9, 
9    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 
10    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or 
11    the Criminal Code of 2012, the appropriate law enforcement 
12    officials were notified within 7 days of the perpetration 
13    of the crime allegedly causing death or injury to the 
14    victim or, in the event that the notification was made more 
15    than 7 days after the perpetration of the crime, the 
16    applicant establishes that the notice was timely under the 
17    circumstances.
 If the applicant or victim has obtained an 
18    order of protection, a civil no contact order, or a 
19    stalking no contact order, or has presented himself or 
20    herself to a hospital for sexual assault evidence 
21    collection and medical care, or is engaged in a legal 
22    proceeding involving a claim that the applicant or victim 
23    is a victim of human trafficking, such action shall 
24    constitute appropriate notification under this subsection 
25    (b-1) or subsection (b) of this Section.
26        (c) The applicant has cooperated with law enforcement

 
 
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1    officials in the apprehension and prosecution of the 
2    assailant. If the applicant or victim has obtained an order 
3    of protection, a civil no contact order, or a stalking no 
4    contact order, or has presented himself or herself to a 
5    hospital for sexual assault evidence collection and 
6    medical care, or is engaged in a legal proceeding involving 
7    a claim that the applicant or victim is a victim of human 
8    trafficking, such action shall constitute cooperation 
9    under this subsection (c). If the victim is under 18 years 
10    of age at the time of the commission of the offense, the 
11    following shall constitute cooperation under this 
12    subsection (c): 

13            (1)  the applicant or the victim files a police 
14        report with a law enforcement agency;
15            (2)  a mandated reporter reports the crime to law 
16        enforcement; or
17            (3) a person with firsthand knowledge of the crime 
18        reports the crime to law enforcement. 
19        (d) The applicant is not the offender or an accomplice 
20    of the offender
and the award would not unjustly benefit 
21    the offender or his accomplice.

22        (e) The injury to or death of the victim was not 
23    substantially attributable
to his own wrongful act and was 
24    not substantially provoked by the victim.

25        (f) For victims of offenses defined in Section 10-9 of 
26    the Criminal Code of 2012, the victim submits a statement 
 
 
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1    under oath on a form prescribed by the Attorney General 
2    attesting that the removed tattoo was applied in connection 
3    with the commission of the offense.
4(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18.)