101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5243

 

Introduced , by Rep. Jehan Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Crime Victims Compensation Act. Deletes language providing that a victim does not include a person who is convicted of a felony until that person is discharged from probation or released from a correctional institution and has been discharged from parole or mandatory supervised release. Provides instead that a victim's criminal history or felony status shall not automatically prevent compensation to that victim. Expands the powers and duties of the Attorney General. Changes the amount of time a person entitled to compensation under the Act has to present an application to the Attorney General to 3 (rather than 2) years. Provides considerations for the Attorney General to consider in determining whether cooperation of the applicant has been reasonable. Provides that an award shall be reduced or denied according to the extent to which the victim's acts or conduct instigated or aggravated (rather than contributed) his or her injury or death and the victim's actions reasonably led to him or her being victimized (rather than the extent to which any prior criminal conviction or conduct of the victim may have directly or indirectly contributed to the injury or death of the victim). Provides that a denial or reduction shall not automatically bar the survivors of homicide victims from receiving specified services if the survivor's actions have not initiated, provoked, or aggravated the suspect into initiating the qualifying crime. Provides that emergency awards may be issued for the purpose of paying funeral and burial expenses and any relocation expenses incurred by the applicant. Provides that certain changes in the Act apply to actions commenced or pending on or after January 1, 2021. Makes other changes. Amends the Sexual Assault Survivors Emergency Treatment Act. Removes references to the Crime Victim Services Division. Effective immediately.


LRB101 20485 LNS 70066 b

 

 

A BILL FOR

 

HB5243LRB101 20485 LNS 70066 b

1    AN ACT concerning crime victims.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sexual Assault Survivors Emergency
5Treatment Act is amended by changing Section 7.5 as follows:
 
6    (410 ILCS 70/7.5)
7    Sec. 7.5. Prohibition on billing sexual assault survivors
8directly for certain services; written notice; billing
9protocols.
10    (a) A hospital, approved pediatric health care facility,
11health care professional, ambulance provider, laboratory, or
12pharmacy furnishing medical forensic services, transportation,
13follow-up healthcare, or medication to a sexual assault
14survivor shall not:
15        (1) charge or submit a bill for any portion of the
16    costs of the services, transportation, or medications to
17    the sexual assault survivor, including any insurance
18    deductible, co-pay, co-insurance, denial of claim by an
19    insurer, spenddown, or any other out-of-pocket expense;
20        (2) communicate with, harass, or intimidate the sexual
21    assault survivor for payment of services, including, but
22    not limited to, repeatedly calling or writing to the sexual
23    assault survivor and threatening to refer the matter to a

 

 

HB5243- 2 -LRB101 20485 LNS 70066 b

1    debt collection agency or to an attorney for collection,
2    enforcement, or filing of other process;
3        (3) refer a bill to a collection agency or attorney for
4    collection action against the sexual assault survivor;
5        (4) contact or distribute information to affect the
6    sexual assault survivor's credit rating; or
7        (5) take any other action adverse to the sexual assault
8    survivor or his or her family on account of providing
9    services to the sexual assault survivor.
10    (b) Nothing in this Section precludes a hospital, health
11care provider, ambulance provider, laboratory, or pharmacy
12from billing the sexual assault survivor or any applicable
13health insurance or coverage for inpatient services.
14    (c) Every hospital and approved pediatric health care
15facility providing treatment services to sexual assault
16survivors in accordance with a plan approved under Section 2 of
17this Act shall provide a written notice to a sexual assault
18survivor. The written notice must include, but is not limited
19to, the following:
20        (1) a statement that the sexual assault survivor should
21    not be directly billed by any ambulance provider providing
22    transportation services, or by any hospital, approved
23    pediatric health care facility, health care professional,
24    laboratory, or pharmacy for the services the sexual assault
25    survivor received as an outpatient at the hospital or
26    approved pediatric health care facility;

 

 

HB5243- 3 -LRB101 20485 LNS 70066 b

1        (2) a statement that a sexual assault survivor who is
2    admitted to a hospital may be billed for inpatient services
3    provided by a hospital, health care professional,
4    laboratory, or pharmacy;
5        (3) a statement that prior to leaving the hospital or
6    approved pediatric health care facility, the hospital or
7    approved pediatric health care facility will give the
8    sexual assault survivor a sexual assault services voucher
9    for follow-up healthcare if the sexual assault survivor is
10    eligible to receive a sexual assault services voucher;
11        (4) the definition of "follow-up healthcare" as set
12    forth in Section 1a of this Act;
13        (5) a phone number the sexual assault survivor may call
14    should the sexual assault survivor receive a bill from the
15    hospital or approved pediatric health care facility for
16    medical forensic services;
17        (6) the toll-free phone number of the Office of the
18    Illinois Attorney General, Crime Victim Services Division,
19    which the sexual assault survivor may call should the
20    sexual assault survivor receive a bill from an ambulance
21    provider, approved pediatric health care facility, a
22    health care professional, a laboratory, or a pharmacy.
23    This subsection (c) shall not apply to hospitals that
24provide transfer services as defined under Section 1a of this
25Act.
26    (d) Within 60 days after the effective date of this

 

 

HB5243- 4 -LRB101 20485 LNS 70066 b

1amendatory Act of the 99th General Assembly, every health care
2professional, except for those employed by a hospital or
3hospital affiliate, as defined in the Hospital Licensing Act,
4or those employed by a hospital operated under the University
5of Illinois Hospital Act, who bills separately for medical or
6forensic services must develop a billing protocol that ensures
7that no survivor of sexual assault will be sent a bill for any
8medical forensic services and submit the billing protocol to
9the Crime Victim Services Division of the Office of the
10Attorney General for approval. Within 60 days after the
11commencement of the provision of medical forensic services,
12every health care professional, except for those employed by a
13hospital or hospital affiliate, as defined in the Hospital
14Licensing Act, or those employed by a hospital operated under
15the University of Illinois Hospital Act, who bills separately
16for medical or forensic services must develop a billing
17protocol that ensures that no survivor of sexual assault is
18sent a bill for any medical forensic services and submit the
19billing protocol to the Crime Victim Services Division of the
20Office of the Attorney General for approval. Health care
21professionals who bill as a legal entity may submit a single
22billing protocol for the billing entity.
23    Within 60 days after the Department's approval of a
24treatment plan, an approved pediatric health care facility and
25any health care professional employed by an approved pediatric
26health care facility must develop a billing protocol that

 

 

HB5243- 5 -LRB101 20485 LNS 70066 b

1ensures that no survivor of sexual assault is sent a bill for
2any medical forensic services and submit the billing protocol
3to the Crime Victim Services Division of the Office of the
4Attorney General for approval.
5     The billing protocol must include at a minimum:
6        (1) a description of training for persons who prepare
7    bills for medical and forensic services;
8        (2) a written acknowledgement signed by a person who
9    has completed the training that the person will not bill
10    survivors of sexual assault;
11        (3) prohibitions on submitting any bill for any portion
12    of medical forensic services provided to a survivor of
13    sexual assault to a collection agency;
14        (4) prohibitions on taking any action that would
15    adversely affect the credit of the survivor of sexual
16    assault;
17        (5) the termination of all collection activities if the
18    protocol is violated; and
19        (6) the actions to be taken if a bill is sent to a
20    collection agency or the failure to pay is reported to any
21    credit reporting agency.
22    The Crime Victim Services Division of the Office of the
23Attorney General may provide a sample acceptable billing
24protocol upon request.
25    The Office of the Attorney General shall approve a proposed
26protocol if it finds that the implementation of the protocol

 

 

HB5243- 6 -LRB101 20485 LNS 70066 b

1would result in no survivor of sexual assault being billed or
2sent a bill for medical forensic services.
3    If the Office of the Attorney General determines that
4implementation of the protocol could result in the billing of a
5survivor of sexual assault for medical forensic services, the
6Office of the Attorney General shall provide the health care
7professional or approved pediatric health care facility with a
8written statement of the deficiencies in the protocol. The
9health care professional or approved pediatric health care
10facility shall have 30 days to submit a revised billing
11protocol addressing the deficiencies to the Office of the
12Attorney General. The health care professional or approved
13pediatric health care facility shall implement the protocol
14upon approval by the Crime Victim Services Division of the
15Office of the Attorney General.
16    The health care professional or approved pediatric health
17care facility shall submit any proposed revision to or
18modification of an approved billing protocol to the Crime
19Victim Services Division of the Office of the Attorney General
20for approval. The health care professional or approved
21pediatric health care facility shall implement the revised or
22modified billing protocol upon approval by the Crime Victim
23Services Division of the Office of the Illinois Attorney
24General.
25(Source: P.A. 99-454, eff. 1-1-16; 100-775, eff. 1-1-19.)
 

 

 

HB5243- 7 -LRB101 20485 LNS 70066 b

1    Section 10. The Crime Victims Compensation Act is amended
2by changing Sections 2, 2.5, 4.1, 6.1, 7.1, 8.1, 9.1, 10.1,
310.2, 12, 12.1, 13.1, 15, 16, 18, 18.5, and 20 as follows:
 
4    (740 ILCS 45/2)  (from Ch. 70, par. 72)
5    Sec. 2. Definitions. As used in this Act, unless the
6context otherwise requires:
7    (a) "Applicant" means any person who applies for
8compensation under this Act or any person the Court of Claims
9or the Attorney General finds is entitled to compensation,
10including the guardian of a minor or of a person under legal
11disability. It includes any person who was a dependent of a
12deceased victim of a crime of violence for his or her support
13at the time of the death of that victim.
14    The changes made to this subsection by this amendatory Act
15of the 101st General Assembly apply to actions commenced or
16pending on or after January 1, 2021.
17    (b) "Court of Claims" means the Court of Claims created by
18the Court of Claims Act.
19    (c) "Crime of violence" means and includes any offense
20defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
2110-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2211-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
2312-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1,
2412-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
2512-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or

 

 

HB5243- 8 -LRB101 20485 LNS 70066 b

1Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
2subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
31961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
4the Cemetery Protection Act, Section 125 of the Stalking No
5Contact Order Act, Section 219 of the Civil No Contact Order
6Act, driving under the influence as defined in Section 11-501
7of the Illinois Vehicle Code, a violation of Section 11-401 of
8the Illinois Vehicle Code, provided the victim was a pedestrian
9or was operating a vehicle moved solely by human power or a
10mobility device at the time of contact, and a violation of
11Section 11-204.1 of the Illinois Vehicle Code; so long as the
12offense did not occur during a civil riot, insurrection or
13rebellion. "Crime of violence" does not include any other
14offense or accident involving a motor vehicle except those
15vehicle offenses specifically provided for in this paragraph.
16"Crime of violence" does include all of the offenses
17specifically provided for in this paragraph that occur within
18this State but are subject to federal jurisdiction and crimes
19involving terrorism as defined in 18 U.S.C. 2331.
20    (d) "Victim" means (1) a person killed or injured in this
21State as a result of a crime of violence perpetrated or
22attempted against him or her, (2) the spouse or parent of a
23person killed or injured in this State as a result of a crime
24of violence perpetrated or attempted against the person, (3) a
25person killed or injured in this State while attempting to
26assist a person against whom a crime of violence is being

 

 

HB5243- 9 -LRB101 20485 LNS 70066 b

1perpetrated or attempted, if that attempt of assistance would
2be expected of a reasonable person under the circumstances, (4)
3a person killed or injured in this State while assisting a law
4enforcement official apprehend a person who has perpetrated a
5crime of violence or prevent the perpetration of any such crime
6if that assistance was in response to the express request of
7the law enforcement official, (5) a person who personally
8witnessed a violent crime, (5.05) a person who will be called
9as a witness by the prosecution to establish a necessary nexus
10between the offender and the violent crime, (5.1) solely for
11the purpose of compensating for pecuniary loss incurred for
12psychological treatment of a mental or emotional condition
13caused or aggravated by the crime, any other person under the
14age of 18 who is the brother, sister, half brother, half
15sister, child, or stepchild of a person killed or injured in
16this State as a result of a crime of violence, (6) an Illinois
17resident who is a victim of a "crime of violence" as defined in
18this Act except, if the crime occurred outside this State, the
19resident has the same rights under this Act as if the crime had
20occurred in this State upon a showing that the state,
21territory, country, or political subdivision of a country in
22which the crime occurred does not have a compensation of
23victims of crimes law for which that Illinois resident is
24eligible, (7) a deceased person whose body is dismembered or
25whose remains are desecrated as the result of a crime of
26violence, or (8) solely for the purpose of compensating for

 

 

HB5243- 10 -LRB101 20485 LNS 70066 b

1pecuniary loss incurred for psychological treatment of a mental
2or emotional condition caused or aggravated by the crime, any
3parent, spouse, or child under the age of 18 of a deceased
4person whose body is dismembered or whose remains are
5desecrated as the result of a crime of violence.
6    (e) "Dependent" means a relative of a deceased victim who
7was wholly or partially dependent upon the victim's income at
8the time of his or her death and shall include the child of a
9victim born after his or her death.
10    (f) "Relative" means a spouse, parent, grandparent,
11stepfather, stepmother, child, grandchild, brother,
12brother-in-law, sister, sister-in-law, half brother, half
13sister, spouse's parent, nephew, niece, uncle or aunt.
14    (g) "Child" means an unmarried son or daughter who is under
1518 years of age and includes a stepchild, an adopted child or a
16child born out of wedlock.
17    (h) "Pecuniary loss" means, in the case of injury,
18appropriate medical expenses and hospital expenses including
19expenses of medical examinations, rehabilitation, medically
20required nursing care expenses, appropriate psychiatric care
21or psychiatric counseling expenses, appropriate expenses for
22care or counseling by a licensed clinical psychologist,
23licensed clinical social worker, licensed professional
24counselor, or licensed clinical professional counselor and
25expenses for treatment by Christian Science practitioners and
26nursing care appropriate thereto; transportation expenses to

 

 

HB5243- 11 -LRB101 20485 LNS 70066 b

1and from medical and counseling treatment facilities;
2prosthetic appliances, eyeglasses, and hearing aids necessary
3or damaged as a result of the crime; costs associated with
4trafficking tattoo removal by a person authorized or licensed
5to perform the specific removal procedure; replacement costs
6for clothing and bedding used as evidence; costs associated
7with temporary lodging or relocation necessary as a result of
8the crime, including, but not limited to, the first month's
9rent and security deposit of the dwelling that the claimant
10relocated to and other reasonable relocation expenses incurred
11as a result of the violent crime; locks or windows necessary or
12damaged as a result of the crime; the purchase, lease, or
13rental of equipment necessary to create usability of and
14accessibility to the victim's real and personal property, or
15the real and personal property which is used by the victim,
16necessary as a result of the crime; the costs of appropriate
17crime scene clean-up; replacement services loss, to a maximum
18of $1,250 per month; dependents replacement services loss, to a
19maximum of $1,250 per month; loss of tuition paid to attend
20grammar school or high school when the victim had been enrolled
21as a student prior to the injury, or college or graduate school
22when the victim had been enrolled as a day or night student
23prior to the injury when the victim becomes unable to continue
24attendance at school as a result of the crime of violence
25perpetrated against him or her; loss of earnings, loss of
26future earnings because of disability resulting from the

 

 

HB5243- 12 -LRB101 20485 LNS 70066 b

1injury, and, in addition, in the case of death, expenses for
2funeral, burial, and travel and transport for survivors of
3homicide victims to secure bodies of deceased victims and to
4transport bodies for burial all of which may be awarded up to
5not exceed a maximum of $10,000 $7,500 and loss of support of
6the dependents of the victim; in the case of dismemberment or
7desecration of a body, expenses for funeral and burial, all of
8which may be awarded up to not exceed a maximum of $10,000
9$7,500. Loss of future earnings shall be reduced by any income
10from substitute work actually performed by the victim or by
11income he or she would have earned in available appropriate
12substitute work he or she was capable of performing but
13unreasonably failed to undertake. Loss of earnings, loss of
14future earnings and loss of support shall be determined on the
15basis of the victim's average net monthly earnings for the 6
16months immediately preceding the date of the injury or on
17$2,400 $1,250 per month, whichever is less or, in cases where
18the absences commenced more than 3 years from the date of the
19crime, on the basis of the net monthly earnings for the 6
20months immediately preceding the date of the first absence, not
21to exceed $2,400 $1,250 per month. If a divorced or legally
22separated applicant is claiming loss of support for a minor
23child of the deceased, the amount of support for each child
24shall be based either on the amount of support pursuant to the
25judgment prior to the date of the deceased victim's injury or
26death, or, if the subject of pending litigation filed by or on

 

 

HB5243- 13 -LRB101 20485 LNS 70066 b

1behalf of the divorced or legally separated applicant prior to
2the injury or death, on the result of that litigation. Real and
3personal property includes, but is not limited to, vehicles,
4houses, apartments, town houses, or condominiums. Pecuniary
5loss does not include pain and suffering or property loss or
6damage.
7    The changes made to this subsection by this amendatory Act
8of the 101st General Assembly apply to actions commenced or
9pending on or after January 1, 2021.
10    (i) "Replacement services loss" means expenses reasonably
11incurred in obtaining ordinary and necessary services in lieu
12of those the injured person would have performed, not for
13income, but for the benefit of himself or herself or his or her
14family, if he or she had not been injured.
15    (j) "Dependents replacement services loss" means loss
16reasonably incurred by dependents or private legal guardians of
17minor dependents after a victim's death in obtaining ordinary
18and necessary services in lieu of those the victim would have
19performed, not for income, but for their benefit, if he or she
20had not been fatally injured.
21    (k) "Survivor" means immediate family including a parent,
22stepfather, stepmother, child, brother, sister, or spouse.
23    (l) "Parent" means a natural parent, adopted parent,
24stepparent, or permanent legal guardian of another person.
25    (m) "Trafficking tattoo" is a tattoo which is applied to a
26victim in connection with the commission of a violation of

 

 

HB5243- 14 -LRB101 20485 LNS 70066 b

1Section 10-9 of the Criminal Code of 2012.
2(Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
3    (740 ILCS 45/2.5)
4    Sec. 2.5. Felon as victim. A victim's criminal history or
5felony status shall not automatically prevent compensation to
6that victim or the victim's family. However, no compensation
7may be granted to a victim or applicant under this Act while
8the applicant or victim is held in a correctional institution
9or is on parole, probation, or mandatory supervised release.
10Notwithstanding paragraph (d) of Section 2, "victim" does not
11include a person who is convicted of a felony until that person
12is discharged from probation or is released from a correctional
13institution and has been discharged from parole or mandatory
14supervised release, if any. For purposes of this Section, the
15death of a felon who is serving a term of parole, probation, or
16mandatory supervised release shall be considered a discharge
17from that sentence. No compensation may be granted to an
18applicant under this Act during a period of time that the
19applicant is held in a correctional institution.
20    A victim who has been convicted of a felony may apply for
21assistance under this Act at any time but no award of
22compensation may be considered until the applicant meets the
23requirements of this Section.
24    The changes made to this Section by this amendatory Act of
25the 96th General Assembly apply to actions commenced or pending

 

 

HB5243- 15 -LRB101 20485 LNS 70066 b

1on or after the effective date of this amendatory Act of the
296th General Assembly.
3(Source: P.A. 96-267, eff. 8-11-09.)
 
4    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)
5    Sec. 4.1. In addition to other powers and duties set forth
6in this Act and other powers exercised by the Attorney General,
7the Attorney General shall:
8        (1) investigate all claims and prepare and present an
9    investigatory report and a draft award determination a
10    report of each applicant's claim to the Court of Claims for
11    a review period of 28 business days; prior to the issuance
12    of an order by the Court of Claims,
13        (2) upon conclusion of the review by the Court of
14    Claims, provide the applicant with a compensation
15    determination letter;
16        (3) prescribe and furnish all applications and other
17    forms required to be filed in the office of the Attorney
18    General by the terms of this Act; , and
19        (4) represent the interests of the State of Illinois in
20    any hearing before the Court of Claims.
21    The changes made to this Section by this amendatory Act of
22the 101st General Assembly apply to actions commenced or
23pending on or after January 1, 2021.
24(Source: P.A. 97-817, eff. 1-1-13.)
 

 

 

HB5243- 16 -LRB101 20485 LNS 70066 b

1    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
2    Sec. 6.1. Right to compensation. A person is entitled to
3compensation under this Act if:
4        (a) Within 3 2 years of the occurrence of the crime, or
5    within one year after a criminal charge of a person for an
6    offense, upon which the claim is based, the applicant
7    presents he files an application, under oath, to the
8    Attorney General that is filed with the Court of Claims and
9    on a form prescribed in accordance with Section 7.1
10    furnished by the Attorney General. If the person entitled
11    to compensation is under 18 years of age or under other
12    legal disability at the time of the occurrence or is
13    determined by a court to be under a legal disability as a
14    result of the occurrence, he or she may present file the
15    application required by this subsection within 3 2 years
16    after he or she attains the age of 18 years or the
17    disability is removed, as the case may be. Legal disability
18    includes a diagnosis of posttraumatic stress disorder.
19        (b) For all crimes of violence, except those listed in
20    subsection (b-1) of this Section, the appropriate law
21    enforcement officials were notified within 72 hours of the
22    perpetration of the crime allegedly causing the death or
23    injury to the victim or, in the event such notification was
24    made more than 72 hours after the perpetration of the
25    crime, the applicant establishes that such notice was
26    timely under the circumstances.

 

 

HB5243- 17 -LRB101 20485 LNS 70066 b

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

 

 

HB5243- 18 -LRB101 20485 LNS 70066 b

1    is a victim of human trafficking, such action shall
2    constitute cooperation under this subsection (c). If the
3    victim is under 18 years of age at the time of the
4    commission of the offense, the following shall constitute
5    cooperation under this subsection (c):
6            (1) the applicant or the victim files a police
7        report with a law enforcement agency;
8            (2) a mandated reporter reports the crime to law
9        enforcement; or
10            (3) a person with firsthand knowledge of the crime
11        reports the crime to law enforcement.
12        (d) The applicant is not the offender or an accomplice
13    of the offender and the award would not unjustly benefit
14    the offender or his accomplice.
15        (e) (Blank). The injury to or death of the victim was
16    not substantially attributable to his own wrongful act and
17    was not substantially provoked by the victim.
18        (f) For victims of offenses defined in Section 10-9 of
19    the Criminal Code of 2012, the victim submits a statement
20    under oath on a form prescribed by the Attorney General
21    attesting that the removed tattoo was applied in connection
22    with the commission of the offense.
23        (g) In determining whether cooperation has been
24    reasonable, the Attorney General and Court of Claims may
25    consider the victim's age, physical condition,
26    psychological state, cultural or linguistic barriers, and

 

 

HB5243- 19 -LRB101 20485 LNS 70066 b

1    compelling health and safety concerns, including, but not
2    limited to, a reasonable fear of retaliation or harm that
3    would jeopardize the well-being of the victim or the
4    victim's family, and giving due consideration to the degree
5    of cooperation that the victim or derivative victim is
6    capable of in light of the presence of any of these
7    factors, or any other factor the Attorney General considers
8    relevant.
9    The changes made to this Section by this amendatory Act of
10the 101st General Assembly apply to actions commenced or
11pending on or after January 1, 2021.
12(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18;
13100-1037, eff. 1-1-19.)
 
14    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
15    Sec. 7.1. (a) The application shall set out:
16        (1) the name and address of the victim;
17        (2) if the victim is deceased, the name and address of
18    the applicant and his or her relationship to the victim,
19    the names and addresses of other persons dependent on the
20    victim for their support and the extent to which each is so
21    dependent, and other persons who may be entitled to
22    compensation for a pecuniary loss;
23        (3) the date and nature of the crime on which the
24    application for compensation is based;
25        (4) the date and place where and the law enforcement

 

 

HB5243- 20 -LRB101 20485 LNS 70066 b

1    officials to whom notification of the crime was given;
2        (5) the nature and extent of the injuries sustained by
3    the victim, and the names and addresses of those giving
4    medical and hospitalization treatment to the victim;
5        (6) the pecuniary loss to the applicant and to such
6    other persons as are specified under item (2) resulting
7    from the injury or death;
8        (7) the amount of benefits, payments, or awards, if
9    any, payable under:
10            (a) the Workers' Compensation Act,
11            (b) the Dram Shop Act,
12            (c) any claim, demand, or cause of action based
13        upon the crime-related injury or death,
14            (d) the Federal Medicare program,
15            (e) the State Public Aid program,
16            (f) Social Security Administration burial
17        benefits,
18            (g) Veterans administration burial benefits,
19            (h) life, health, accident or liability insurance,
20            (i) the Criminal Victims' Escrow Account Act,
21            (j) the Sexual Assault Survivors Emergency
22        Treatment Act,
23            (k) restitution, or
24            (l) any other source;
25        (8) releases authorizing the surrender to the Court of
26    Claims or Attorney General of reports, documents and other

 

 

HB5243- 21 -LRB101 20485 LNS 70066 b

1    information relating to the matters specified under this
2    Act and rules promulgated in accordance with the Act;
3        (9) such other information as the Court of Claims or
4    the Attorney General reasonably requires.
5    (b) The Attorney General may require that materials
6substantiating the facts stated in the application be submitted
7with that application.
8    (c) An applicant, on his or her own motion, may file an
9amended application or additional substantiating materials to
10correct inadvertent errors or omissions at any time before the
11original application has been disposed of by the Court of
12Claims or the Attorney General. In either case, the filing of
13additional information or of an amended application shall be
14considered for the purpose of this Act to have been filed at
15the same time as the original application.
16    For claims submitted on or after January 1, 2021, an
17amended application or additional substantiating materials to
18correct inadvertent errors or omissions may be filed at any
19time before the original application is disposed of by the
20Attorney General or the Court of Claims.
21    (d) Determinations submitted by the Attorney General to the
22Court of Claims shall be available to the Court of Claims for
23review. The Attorney General shall provide the sources and
24evidence relied upon as a basis for a compensation
25determination.
26    (e) The changes made to this Section by this amendatory Act

 

 

HB5243- 22 -LRB101 20485 LNS 70066 b

1of the 101st General Assembly apply to actions commenced or
2pending on or after January 1, 2021.
3(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
4    (740 ILCS 45/8.1)  (from Ch. 70, par. 78.1)
5    Sec. 8.1. If an applicant does not submit all materials
6substantiating his or her claim as requested of him or her by
7the Attorney General, the Attorney General shall notify the
8applicant in writing of the specific additional items of
9information or materials required and that he or she has 45 30
10days in which to furnish those items to the Attorney General.
11The Attorney General shall report an applicant's failure to
12comply within 45 30 days of the foregoing notice to the Court
13of Claims. No award of compensation shall be made for any
14portion of the applicant's claim that is not substantiated by
15the applicant. An applicant may request an extension of time
16from the Attorney General prior to the expiration of the 45-day
1730 day period.
18(Source: P.A. 81-1013.)
 
19    (740 ILCS 45/9.1)  (from Ch. 70, par. 79.1)
20    Sec. 9.1. In determining whether an applicant is entitled
21to compensation, the Attorney General and Court of Claims shall
22consider the facts stated in the application and other material
23and information. However, the Attorney General and Court of
24Claims need not consider whether the alleged assailant has been

 

 

HB5243- 23 -LRB101 20485 LNS 70066 b

1apprehended. In reviewing a determination by the Attorney
2General, the Court of Claims shall consider the facts stated in
3the application and other material and information submitted
4and the report of the Attorney General. However, the Court of
5Claims need not consider whether or not the alleged assailant
6has been apprehended.
7    The changes made to this Section by this amendatory Act of
8the 101st General Assembly apply to actions commenced or
9pending on or after January 1, 2021.
10(Source: P.A. 81-1013.)
 
11    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
12    Sec. 10.1. Amount of compensation. The amount of
13compensation to which an applicant and other persons are
14entitled shall be based on the following factors:
15    (a) A victim may be compensated for his or her pecuniary
16loss.
17    (b) A dependent may be compensated for loss of support.
18    (c) Any person, even though not dependent upon the victim
19for his or her support, may be compensated for reasonable
20expenses of the victim to the extent to which he or she has
21paid or become obligated to pay such expenses and only after
22compensation for reasonable funeral, medical and hospital
23expenses of the victim have been awarded may compensation be
24made for reasonable expenses of the victim incurred for
25psychological treatment of a mental or emotional condition

 

 

HB5243- 24 -LRB101 20485 LNS 70066 b

1caused or aggravated by the crime.
2    (d) An award shall be reduced or denied according to the
3extent to which the victim's acts or conduct instigated or
4aggravated provoked or contributed to his or her injury or
5death and the victim's actions reasonably led to him or her
6being victimized. A denial or reduction shall not automatically
7bar the survivors of homicide victims from receiving
8compensation for counseling, crime scene cleanup, relocation,
9funeral or burial costs, and loss of support if the survivor's
10actions have not initiated, provoked, or aggravated the suspect
11into initiating the qualifying crime , or the extent to which
12any prior criminal conviction or conduct of the victim may have
13directly or indirectly contributed to the injury or death of
14the victim.
15    (e) An award shall be reduced by the amount of benefits,
16payments or awards payable under those sources which are
17required to be listed under item (7) of Section 7.1(a) and any
18other sources except annuities, pension plans, Federal Social
19Security payments payable to dependents of the victim and the
20net proceeds of the first $25,000 of life insurance that would
21inure to the benefit of the applicant, which the applicant or
22any other person dependent for the support of a deceased
23victim, as the case may be, has received or to which he or she
24is entitled as a result of injury to or death of the victim.
25    (f) A final award shall not exceed $10,000 for a crime
26committed prior to September 22, 1979, $15,000 for a crime

 

 

HB5243- 25 -LRB101 20485 LNS 70066 b

1committed on or after September 22, 1979 and prior to January
21, 1986, $25,000 for a crime committed on or after January 1,
31986 and prior to August 7, 1998, or $27,000 for a crime
4committed on or after August 7, 1998. If the total pecuniary
5loss is greater than the maximum amount allowed, the award
6shall be divided in proportion to the amount of actual loss
7among those entitled to compensation.
8    (g) Compensation under this Act is a secondary source of
9compensation and the applicant must show that he or she has
10exhausted the benefits reasonably available under the Criminal
11Victims' Escrow Account Act or any governmental or medical or
12health insurance programs, including but not limited to
13Workers' Compensation, the Federal Medicare program, the State
14Public Aid program, Social Security Administration burial
15benefits, Veterans Administration burial benefits, and life,
16health, accident or liability insurance.
17(Source: P.A. 97-817, eff. 1-1-13.)
 
18    (740 ILCS 45/10.2)
19    Sec. 10.2. Emergency awards.
20    (a) If it appears, prior to taking action on an
21application, that the claim is one for which compensation is
22probable, and undue hardship will result to the applicant if
23immediate payment is not made, the Attorney General may
24recommend and the Court may make an emergency award of
25compensation to the applicant, pending a final decision in the

 

 

HB5243- 26 -LRB101 20485 LNS 70066 b

1case, provided the amount of emergency compensation does not
2exceed $2,000. Emergency awards may be issued to the applicant
3for the purpose of paying funeral and burial expenses directly
4to a funeral home and for relocation expenses incurred by an
5applicant. The amount of emergency compensation shall be
6deducted from any final award made as a result of the claim.
7The full amount of the emergency award if no final award is
8made shall be repaid by the applicant to the State of Illinois.
9    (b) Emergency award applicants must satisfy all
10requirements under Section 6.1 of this Act.
11(Source: P.A. 97-817, eff. 1-1-13.)
 
12    (740 ILCS 45/12)  (from Ch. 70, par. 82)
13    Sec. 12. No fee may be charged to the applicant in any
14proceeding under this Act except as provided in this Act. If
15the applicant is represented by counsel or some other duly
16authorized agent in making application under this Act or in any
17further proceedings provided for in this Act, that counsel or
18agent may receive no payment for his or her services in
19preparing or presenting the application before the Court of
20Claims or the Attorney General. He or she may, however, charge
21fees to the applicant for representing him or her at a hearing
22provided for in this Act but only in such an amount as the
23Court of Claims or the Attorney General determines to be
24reasonable.
25    The changes made to this Section by this amendatory Act of

 

 

HB5243- 27 -LRB101 20485 LNS 70066 b

1the 101st General Assembly apply to actions commenced or
2pending on or after January 1, 2021.
3(Source: P.A. 78-359.)
 
4    (740 ILCS 45/12.1)  (from Ch. 70, par. 82.1)
5    Sec. 12.1. The Court of Claims may, after without a
6hearing, make an award to a person who has filed an application
7or any other person it finds is entitled to compensation,
8including the guardian or conservator of a minor or
9incompetent, based upon the application, the other information
10and materials submitted with the application, and the report of
11the Attorney General.
12    The changes made to this Section by this amendatory Act of
13the 101st General Assembly apply to actions commenced or
14pending on or after January 1, 2021.
15(Source: P.A. 81-1013.)
 
16    (740 ILCS 45/13.1)  (from Ch. 70, par. 83.1)
17    Sec. 13.1. (a) A hearing before a Commissioner of the Court
18of Claims shall be held for those claims in which:
19        (1) the Court of Claims on its own motion sets a
20    hearing;
21        (2) the Attorney General petitions the Court of Claims
22    for a hearing;
23        (3) a claim has been disposed of without a hearing and
24    an applicant has been denied compensation or has been

 

 

HB5243- 28 -LRB101 20485 LNS 70066 b

1    awarded compensation which he or she thinks is inadequate
2    and he or she petitions the Court of Claims for a hearing
3    within 30 days of the date of issuance of the determination
4    order sought to be reviewed. The petition shall set forth
5    the reasons for which review is sought and a recitation of
6    any additional evidence the applicant desires to present to
7    the Court. A copy of the petition shall be provided to the
8    Attorney General. Documentation to be presented at a
9    hearing of the Court of Claims must be submitted to the
10    Attorney General at least 10 working days before the
11    hearing date. Failure to do so may result in a continuance
12    of the hearing.
13    (b) At hearings held under this Act before Commissioners of
14the Court of Claims, any statement, document, information or
15matter may be received in evidence if in the opinion of the
16Court or its Commissioner such evidence would contribute to
17reaching a decision on a determination of the claim, regardless
18of whether such evidence would be admissible in a court of law.
19    (c) Petition for rehearing.
20        (1) The Court of Claims may order a rehearing of a
21    matter decided after a hearing, if, in reaching its
22    decision:
23            (A) the court has overlooked, misapplied, or
24        failed to consider a statute, decision, or directly
25        controlling principle;
26            (B) the court has overlooked or misconceived some

 

 

HB5243- 29 -LRB101 20485 LNS 70066 b

1        material fact or proposition of law; or
2            (C) the court has overlooked or misconceived a
3        material question in the case.
4        (2) A rehearing may not be granted if it is sought
5    merely for the purpose of obtaining a reargument on and
6    reconsideration of matters which have already been fully
7    considered by the court.
8        (3) The petition shall specify which of the grounds in
9    paragraph (1) of this subsection (c) exists and shall
10    specifically designate that portion of the opinion, or the
11    record, or that particular authority, which the petitioner
12    wishes the court to consider. A copy of the petition shall
13    be served on the opposing party. No petition for rehearing
14    shall exceed 10 typewritten pages. No memoranda or briefs
15    in support of a petition for rehearing, and no response to
16    a petition for rehearing, shall be received unless
17    requested by the court.
18    The changes made to this Section by this amendatory Act of
19the 101st General Assembly apply to actions commenced or
20pending on or after January 1, 2021.
21(Source: P.A. 97-817, eff. 1-1-13.)
 
22    (740 ILCS 45/15)  (from Ch. 70, par. 85)
23    Sec. 15. At When disposition is made without a hearing or
24at the conclusion of a hearing held under this Act, the Court
25of Claims shall enter an order stating (1) its findings of

 

 

HB5243- 30 -LRB101 20485 LNS 70066 b

1fact, (2) its decision as to whether or not compensation is due
2under this Act, (3) the amount of compensation, if any, which
3is due under this Act, (4) whether disbursement of the
4compensation awarded is to be made in a lump sum or in periodic
5payments, and (5) the person or persons to whom the
6compensation should be paid.
7    The changes made to this Section by this amendatory Act of
8the 101st General Assembly apply to actions commenced or
9pending on or after January 1, 2021.
10(Source: P.A. 81-1013.)
 
11    (740 ILCS 45/16)  (from Ch. 70, par. 86)
12    Sec. 16. The Court of Claims, on its own motion or upon the
13written request of any applicant, may modify an award of
14compensation made under this Act or reconsider a denial of
15compensation. No hearing need be held, however, unless the
16written request states facts which were not known to the
17applicant or by the exercise of reasonable diligence could not
18have been ascertained by him or her at the time of the entry of
19the order or determination sought to be modified and which
20would have directly affected the determination of whether or
21not compensation should be awarded and, if so, the amount of
22that compensation.
23    The changes made to this Section by this amendatory Act of
24the 101st General Assembly apply to actions commenced or
25pending on or after January 1, 2021.

 

 

HB5243- 31 -LRB101 20485 LNS 70066 b

1(Source: P.A. 81-1013.)
 
2    (740 ILCS 45/18)  (from Ch. 70, par. 88)
3    Sec. 18. Claims against awards.
4    (a) An award is not subject to enforcement, attachment,
5garnishment, or other process, except that an award is not
6exempt from a claim of a creditor to the extent that he or she
7provided products, services, or accommodations the costs of
8which are included in the award.
9    (b) An assignment or agreement to assign a right to
10compensation for loss accruing in the future is unenforceable,
11except:
12        (1) an assignment of a right to compensation for work
13    loss to secure payment of maintenance or child support; or
14        (2) an assignment of a right to compensation to the
15    extent of the cost of products, services, or accommodations
16    necessitated by the injury or death on which the claim is
17    based and are provided or to be provided by the assignee.
18    (c) The Attorney General may determine or the court may
19order that all or a portion of an award be paid jointly to the
20applicant and another person or solely and directly to another
21person to the extent that such other person has provided
22products, services or accommodations, the costs of which are
23included in the award, or to another person to the extent that
24such other person paid or became obligated to pay expenses
25incurred by the victim or applicant.

 

 

HB5243- 32 -LRB101 20485 LNS 70066 b

1    (d) If an award under subsection (c) of this Section is
2offset by the Comptroller, pursuant to the Uncollected State
3Claims Act, the intended individual or entity must credit the
4applicant's or victim's account for the amount ordered by the
5Court of Claims, and the intended individual or entity is
6prohibited from pursuing payment from the applicant or victim
7for any portion that is offset. The Comptroller shall provide
8notice as provided in Section 10.05 of the State Comptroller
9Act.
10    The changes made to this Section by this amendatory Act of
11the 101st General Assembly apply to actions commenced or
12pending on or after January 1, 2021.
13(Source: P.A. 97-817, eff. 1-1-13.)
 
14    (740 ILCS 45/18.5)
15    Sec. 18.5. Restrictions on collection of debts incurred by
16crime victims.
17    (a) Within 10 business days after the filing of a claim,
18the Office of the Attorney General shall issue an applicant a
19written notice of the crime victim compensation claim and
20inform the applicant that the applicant may provide a copy of
21the written notice to vendors to have debt collection
22activities cease while the claim is pending.
23    (b) An applicant may provide a copy of the written notice
24to a vendor waiting for payment of a related debt. A vendor
25that receives notice of the filing of a claim under this Act

 

 

HB5243- 33 -LRB101 20485 LNS 70066 b

1with the Court of Claims or Attorney General must cease all
2debt collection activities against the applicant for a related
3debt. A vendor that assists an applicant to complete or submit
4an application for compensation or a vendor that submits a bill
5to the Office of the Attorney General has constructive notice
6of the filing of the claim and must not engage in debt
7collection activities against the applicant for a related debt.
8If the Court of Claims or Attorney General awards compensation
9for the related debt, a vendor shall not engage in debt
10collection activities while payment is pending. If the Court of
11Claims denies compensation for a vendor's bill for the related
12debt or a portion thereof, the vendor may not engage in debt
13collection activities until 45 days after the date of notice
14from an order of the Court of Claims or the Attorney General
15denying compensation in whole or in part.
16    (c) A vendor that has notice of a compensation claim may:
17        (1) submit a written request to the Attorney General
18    Court of Claims for notification of the Attorney General's
19    Court's decision involving a related debt. The Attorney
20    General Court of Claims shall provide notification of
21    payment or denial of payment within 30 days of its
22    decision;
23        (2) submit a bill for a related debt to the Office of
24    the Attorney General; and
25        (3) contact the Office of the Attorney General to
26    inquire about the status of the claim.

 

 

HB5243- 34 -LRB101 20485 LNS 70066 b

1    (d) The statute of limitations for collection of a related
2debt is tolled upon the filing of the claim with the Court of
3Claims and all civil actions in court against the applicant for
4a related debt shall be stayed until 45 days after the Attorney
5General denies or the Court of Claims enters an order denying
6compensation for the related debt or portion thereof.
7    (e) As used in this Section:
8        (1) "Crime victim" means a victim of a violent crime or
9    an applicant as defined in this Act.
10        (2) "Debt collection activities" means:
11            (A) communicating with, harassing, or intimidating
12        the crime victim for payment, including, but not
13        limited to, repeatedly calling or writing to the crime
14        victim and threatening to refer the related debt to a
15        debt collection agency or to an attorney for
16        collection, enforcement, or the filing of other
17        process;
18            (B) contacting a credit ratings agency or
19        distributing information to affect the crime victim's
20        credit rating as a result of the related debt;
21            (C) referring a bill, or portion thereof, to a
22        collection agency or attorney for collection action
23        against the crime victim; or
24            (D) taking any other action adverse to the crime
25        victim or his or her family on account of the related
26        debt.

 

 

HB5243- 35 -LRB101 20485 LNS 70066 b

1        "Debt collection activities" does not include billing
2    insurance or other government programs, routine inquiries
3    about coverage by private insurance or government
4    programs, or routine billing that indicates that the amount
5    is not due pending resolution of the crime victim
6    compensation claim.
7        (3) "Related debt" means a debt or expense for
8    hospital, medical, dental, or counseling services incurred
9    by or on behalf of a crime victim as a direct result of the
10    crime.
11        (4) "Vendor" includes persons, providers of service,
12    vendors' agents, debt collection agencies, and attorneys
13    hired by a vendor.
14    (f) The changes made to this Section by this amendatory Act
15of the 101st General Assembly apply to actions commenced or
16pending on or after January 1, 2021.
17(Source: P.A. 99-444, eff. 1-1-16.)
 
18    (740 ILCS 45/20)  (from Ch. 70, par. 90)
19    Sec. 20. (a) In addition to any other civil liability or
20criminal penalties provided by law, a person who the Court of
21Claims or the Attorney General finds has willfully misstated or
22omitted facts relevant to the determination of whether
23compensation is due under this Act or of the amount of that
24compensation, whether in making application for compensation
25or in the further proceedings provided for in this Act, shall

 

 

HB5243- 36 -LRB101 20485 LNS 70066 b

1be denied compensation under this Act.
2    (b) A person who is convicted of having willfully misstated
3or omitted facts relevant to the determination of whether
4compensation is due under this Act or of the amount of that
5compensation, whether in making application for compensation
6or in the further proceedings provided for in this Act, shall
7be guilty of a Class A misdemeanor.
8(Source: P.A. 81-1013.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.

 

 

HB5243- 37 -LRB101 20485 LNS 70066 b

1 INDEX
2 Statutes amended in order of appearance
3    410 ILCS 70/7.5
4    740 ILCS 45/2from Ch. 70, par. 72
5    740 ILCS 45/2.5
6    740 ILCS 45/4.1from Ch. 70, par. 74.1
7    740 ILCS 45/6.1from Ch. 70, par. 76.1
8    740 ILCS 45/7.1from Ch. 70, par. 77.1
9    740 ILCS 45/8.1from Ch. 70, par. 78.1
10    740 ILCS 45/9.1from Ch. 70, par. 79.1
11    740 ILCS 45/10.1from Ch. 70, par. 80.1
12    740 ILCS 45/10.2
13    740 ILCS 45/12from Ch. 70, par. 82
14    740 ILCS 45/12.1from Ch. 70, par. 82.1
15    740 ILCS 45/13.1from Ch. 70, par. 83.1
16    740 ILCS 45/15from Ch. 70, par. 85
17    740 ILCS 45/16from Ch. 70, par. 86
18    740 ILCS 45/18from Ch. 70, par. 88
19    740 ILCS 45/18.5
20    740 ILCS 45/20from Ch. 70, par. 90