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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2389
Introduced 02/16/05, by Rep. Careen M Gordon SYNOPSIS AS INTRODUCED:
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740 ILCS 45/6.1 |
from Ch. 70, par. 76.1 |
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Amends the Crime Victims Compensation Act. Provides that "legal disability" includes posttraumatic stress disorder. Provides that, to qualify for the right to compensation for victims of specified offenses, 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, if 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. Provides that, if the applicant has obtained an order of protection or a civil no contact order or has presented at a hospital for sexual assault evidence collection and medical care, the applicant's action shall constitute appropriate notification and cooperation under the Act. Requires the applicant to cooperate with law enforcement officials (instead of fully cooperate with law enforcement officials) in order to qualify for the right to compensate under the Act.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2389 |
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LRB094 09365 LCB 41002 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Crime Victims Compensation Act is amended by |
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| changing Section 6.1 as follows:
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| (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
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| Sec. 6.1. Right to compensation. A person is entitled to |
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| compensation
under this Act if:
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| (a) Within 2 years of the occurrence of the crime upon
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| which the claim
is based, he files an application, under oath, |
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| with the Court of Claims and
on a form prescribed in accordance |
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| with Section 7.1 furnished by the
Attorney General. If the |
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| person entitled to compensation is under 18 years
of age or |
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| under other legal disability at the time of the occurrence or
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| becomes legally disabled as a result of the occurrence, he may |
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| file the
application required by this subsection within 2 years |
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| after
he attains
the age of 18 years or the disability is |
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| removed, as the case may be. Legal disability includes a |
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| diagnosis of posttraumatic stress disorder.
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| (b) For all crimes of violence, except those listed in |
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| subsection (b-1) of this Section, the
The appropriate law |
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| enforcement officials were notified within
72 hours of the |
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| perpetration of the crime allegedly causing the death or
injury |
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| to the victim or, in the event such notification was made more
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| than 72 hours after the perpetration of the crime, the |
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| applicant
establishes that such notice was timely under the |
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| circumstances.
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| (b-1) For victims of offenses defined in Sections 12-13, |
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| 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961, |
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| the appropriate law enforcement officials were notified within |
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| 7 days of the perpetration of the crime allegedly causing death |
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| or injury to the victim or, in the event that the notification |