Sen. Karen McConnaughay
Filed: 5/21/2018
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 2063 




2    AMENDMENT NO. ______. Amend House Bill 2063 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Crime Victims Compensation Act is amended  
5by changing 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 
 
 
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1    by a court to be under a legal disability as a result of 
2    the occurrence, he may file the
application required by 
3    this subsection within 2 years after
he attains
the age of 
4    18 years or the disability is removed, as the case may be. 
5    Legal disability includes a diagnosis of posttraumatic 
6    stress disorder.


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

11    injury to the victim or, in the event such notification was 
12    made more
than 72 hours after the perpetration of the 
13    crime, the applicant
establishes that such notice was 
14    timely under the circumstances.

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

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

20            (1)  the applicant or the victim files a police 
21        report with a law enforcement agency;
22            (2)  a mandated reporter reports the crime to law 
23        enforcement; or
24            (3) a person with firsthand knowledge of the crime 
25        reports the crime to law enforcement. 
26        (d) The applicant is not the offender or an accomplice 
 
 
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1    of the offender
and the award would not unjustly benefit 
2    the offender or his accomplice.

3        (e) The injury to or death of the victim was not 
4    substantially attributable
to his own wrongful act and was 
5    not substantially provoked by the victim.

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