HB2389 Enrolled

LRB094 09365 LCB 41002 b






1
    AN ACT concerning civil law.

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


 
4
    Section 5. The Crime Victims Compensation Act is amended  by 
5
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 
8
compensation
under this Act if:

9
    (a) Within 2 years of the occurrence of the crime upon

10
which the claim
is based, he files an application, under oath, 
11
with the Court of Claims and
on a form prescribed in accordance 
12
with Section 7.1 furnished by the
Attorney General.  If the 
13
person entitled to compensation is under 18 years
of age or 
14
under other legal disability at the time of the occurrence or

15
becomes legally disabled as a result of the occurrence, he may 
16
file the
application required by this subsection within 2 years 
17
after
he attains
the age of 18 years or the disability is 
18
removed, as the case may be. Legal disability includes a 
19
diagnosis of posttraumatic stress disorder.


20
    (b) For all crimes of violence, except those listed in 
21
subsection (b-1) of this Section, the
The appropriate law 
22
enforcement officials were notified within
72 hours of the 
23
perpetration of the crime allegedly causing the death or
injury 
24
to the victim or, in the event such notification was made more

25
than 72 hours after the perpetration of the crime, the 
26
applicant
establishes that such notice was timely under the 
27
circumstances.

28
    (b-1) For victims of offenses defined in Sections 12-13, 
29
12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961, 
30
the appropriate law enforcement officials were notified within 
31
7 days of the perpetration of the crime allegedly causing death 
32
or injury to the victim or, in the event that the notification 
 


 






HB2389 Enrolled
- 2 -
LRB094 09365 LCB 41002 b




1
was made more than 7 days after the perpetration of the crime, 
2
the applicant establishes that the notice was timely under the 
3
circumstances.

4
    (b-2) If the applicant has obtained an order of protection 
5
or a civil no contact order or has presented himself or herself 
6
to a hospital for sexual assault evidence collection and 
7
medical care, such action shall constitute appropriate 
8
notification under subsection (b) or (b-1) of this Section.

9
    (c) The applicant has cooperated fully with law enforcement

10
officials in the apprehension and prosecution of the assailant.

11
    (c-1) If the applicant has obtained an order of protection 
12
or a civil no contact order or has presented himself or herself 
13
to a hospital for sexual assault evidence collection and 
14
medical care, such action shall constitute cooperation under 
15
subsection (c) of this Section.

16
    (d) The applicant is not the offender or an accomplice of 
17
the offender
and the award would not unjustly benefit the 
18
offender or his accomplice.

19
    (e) The injury to or death of the victim was not 
20
substantially attributable
to his own wrongful act and was not 
21
substantially provoked by the victim.

22
(Source: P.A. 92-286, eff. 1-1-02.)