103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3596

 

Introduced 2/17/2023, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Crimes Victim Compensation Act. Includes additional expenses and costs in the definition of "pecuniary loss". Removes language providing that: no compensation may be granted while the applicant or victim is held in a correctional institution; and a victim who has been convicted of a felony may apply for assistance at any time but no award of compensation may be considered until the applicant meets certain requirements. Requires the Attorney General to: provide an applicant with written notification of a drafted award determination; present the drafted award determination to the Court of Claims within 90 days of the application being submitted; make all applications and forms available electronically; translate all paper and electronic forms and applications into the 5 most common non-English languages in the State; maintain an online application system; and maintain a case-tracking system to track the status of an application. Allows a victim or applicant to obtain a law enforcement report and provide it to the Attorney General under certain circumstances. Removes time limit and law enforcement notification requirements for submitting an application for compensation. Provides that a victim of a crime who has presented oneself to a hospital for medical care or sexual assault evidence collection is not required to reveal the cause of the injuries or health needs. Provides that a victim of crime is not required to present oneself to a hospital for medical care or sexual assault evidence collection within a specified period of time. Provides that when submitting an application for compensation, the victim or applicant must provide to the Attorney General a sworn statement of the victim or applicant that attests to the victim's or applicant's experience of a crime of violence. Provides that cooperation with law enforcement is not required for a victim of certain offenses to submit an application. Provides that it is presumed that a crime victim or applicant did not provoke, incite, assist, attempt, or commit the criminal act that led to the victim's injury or death. Requires the Attorney General to create a process with forms and applications for applying for emergency awards, create a process for determining emergency awards within 48 hours of the filing of the application, and publicize the process on the Attorney General's website.


LRB103 27123 LNS 53491 b

 

 

A BILL FOR

 

HB3596LRB103 27123 LNS 53491 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
5by changing Sections 2, 2.5, 4.1, 4.2, 6.1, 10.1, and 10.2 as
6follows:
 
7    (740 ILCS 45/2)
8    (Text of Section before amendment by P.A. 102-982)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Applicant" means any person who applies for
12compensation under this Act or any person the Court of Claims
13or the Attorney General finds is entitled to compensation,
14including the guardian of a minor or of a person under legal
15disability. It includes any person who was a dependent of a
16deceased victim of a crime of violence for his or her support
17at the time of the death of that victim.
18    The changes made to this subsection by Public Act 101-652
19this amendatory Act of the 101st General Assembly apply to
20actions commenced or pending on or after January 1, 2022.
21    (b) "Court of Claims" means the Court of Claims created by
22the Court of Claims Act.
23    (c) "Crime of violence" means and includes any offense

 

 

HB3596- 2 -LRB103 27123 LNS 53491 b

1defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
210-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
311-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
412-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
512-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
612-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
7or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
8subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
91961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
10the Cemetery Protection Act, Section 125 of the Stalking No
11Contact Order Act, Section 219 of the Civil No Contact Order
12Act, driving under the influence as defined in Section 11-501
13of the Illinois Vehicle Code, a violation of Section 11-401 of
14the Illinois Vehicle Code, provided the victim was a
15pedestrian or was operating a vehicle moved solely by human
16power or a mobility device at the time of contact, and a
17violation of Section 11-204.1 of the Illinois Vehicle Code; so
18long as the offense did not occur during a civil riot,
19insurrection or rebellion. "Crime of violence" does not
20include any other offense or accident involving a motor
21vehicle except those vehicle offenses specifically provided
22for in this paragraph. "Crime of violence" does include all of
23the offenses specifically provided for in this paragraph that
24occur within this State but are subject to federal
25jurisdiction and crimes involving terrorism as defined in 18
26U.S.C. 2331.

 

 

HB3596- 3 -LRB103 27123 LNS 53491 b

1    (d) "Victim" means (1) a person killed or injured in this
2State as a result of a crime of violence perpetrated or
3attempted against him or her, (2) the spouse, parent, or child
4of a person killed or injured in this State as a result of a
5crime of violence perpetrated or attempted against the person,
6or anyone living in the household of a person killed or injured
7in a relationship that is substantially similar to that of a
8parent, spouse, or child, (3) a person killed or injured in
9this State while attempting to assist a person against whom a
10crime of violence is being perpetrated or attempted, if that
11attempt of assistance would be expected of a reasonable person
12under the circumstances, (4) a person killed or injured in
13this State while assisting a law enforcement official
14apprehend a person who has perpetrated a crime of violence or
15prevent the perpetration of any such crime if that assistance
16was in response to the express request of the law enforcement
17official, (5) a person who personally witnessed a violent
18crime, (5.05) a person who will be called as a witness by the
19prosecution to establish a necessary nexus between the
20offender and the violent crime, (5.1) solely for the purpose
21of compensating for pecuniary loss incurred for psychological
22treatment of a mental or emotional condition caused or
23aggravated by the crime, any other person under the age of 18
24who is the brother, sister, half brother, or half sister of a
25person killed or injured in this State as a result of a crime
26of violence, (6) an Illinois resident who is a victim of a

 

 

HB3596- 4 -LRB103 27123 LNS 53491 b

1"crime of violence" as defined in this Act except, if the crime
2occurred outside this State, the resident has the same rights
3under this Act as if the crime had occurred in this State upon
4a showing that the state, territory, country, or political
5subdivision of a country in which the crime occurred does not
6have a compensation of victims of crimes law for which that
7Illinois resident is eligible, (7) a deceased person whose
8body is dismembered or whose remains are desecrated as the
9result of a crime of violence, or (8) solely for the purpose of
10compensating for pecuniary loss incurred for psychological
11treatment of a mental or emotional condition caused or
12aggravated by the crime, any parent, spouse, or child under
13the age of 18 of a deceased person whose body is dismembered or
14whose remains are desecrated as the result of a crime of
15violence.
16    (e) "Dependent" means a relative of a deceased victim who
17was wholly or partially dependent upon the victim's income at
18the time of his or her death and shall include the child of a
19victim born after his or her death.
20    (f) "Relative" means a spouse, parent, grandparent,
21stepfather, stepmother, child, grandchild, brother,
22brother-in-law, sister, sister-in-law, half brother, half
23sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
24living in the household of a person killed or injured in a
25relationship that is substantially similar to that of a
26parent, spouse, or child.

 

 

HB3596- 5 -LRB103 27123 LNS 53491 b

1    (g) "Child" means a son or daughter and includes a
2stepchild, an adopted child or a child born out of wedlock.
3    (h) "Pecuniary loss" means, in the case of injury,
4appropriate medical expenses and hospital expenses including
5expenses of medical examinations, rehabilitation, medically
6required nursing care expenses, appropriate psychiatric care
7or psychiatric counseling expenses, appropriate expenses for
8care or counseling by a licensed clinical psychologist,
9licensed clinical social worker, licensed professional
10counselor, or licensed clinical professional counselor and
11expenses for treatment by Christian Science practitioners and
12nursing care appropriate thereto; transportation expenses to
13and from medical and counseling treatment facilities;
14prosthetic appliances, eyeglasses, and hearing aids necessary
15or damaged as a result of the crime; expenses incurred for the
16towing and storage of a victim's vehicle in connection with a
17crime of violence, to a maximum of $1,000; costs associated
18with trafficking tattoo removal by a person authorized or
19licensed to perform the specific removal procedure;
20replacement costs for clothing and bedding used as evidence;
21costs associated with temporary lodging or relocation
22necessary as a result of the crime, including, but not limited
23to, the first month's rent and security deposit of the
24dwelling that the claimant relocated to and other reasonable
25relocation expenses incurred as a result of the violent crime;
26locks or windows necessary or damaged as a result of the crime;

 

 

HB3596- 6 -LRB103 27123 LNS 53491 b

1the purchase, lease, or rental of equipment necessary to
2create usability of and accessibility to the victim's real and
3personal property, or the real and personal property which is
4used by the victim, necessary as a result of the crime; the
5costs of appropriate crime scene clean-up; replacement
6services loss, to a maximum of $1,250 per month; dependents
7replacement services loss, to a maximum of $1,250 per month;
8loss of tuition paid to attend grammar school or high school
9when the victim had been enrolled as a student prior to the
10injury, or college or graduate school when the victim had been
11enrolled as a day or night student prior to the injury when the
12victim becomes unable to continue attendance at school as a
13result of the crime of violence perpetrated against him or
14her; loss of earnings, loss of future earnings because of
15disability resulting from the injury, and, in addition, in the
16case of death, expenses for funeral, burial, and travel and
17transport for survivors of homicide victims to secure bodies
18of deceased victims and to transport bodies for burial all of
19which may be awarded up to a maximum of $10,000 and loss of
20support of the dependents of the victim; in the case of
21dismemberment or desecration of a body, expenses for funeral
22and burial, all of which may be awarded up to a maximum of
23$10,000. Loss of future earnings shall be reduced by any
24income from substitute work actually performed by the victim
25or by income he or she would have earned in available
26appropriate substitute work he or she was capable of

 

 

HB3596- 7 -LRB103 27123 LNS 53491 b

1performing but unreasonably failed to undertake. Loss of
2earnings, loss of future earnings and loss of support shall be
3determined on the basis of the victim's average net monthly
4earnings for the 6 months immediately preceding the date of
5the injury or on $2,400 per month, whichever is less or, in
6cases where the absences commenced more than 3 years from the
7date of the crime, on the basis of the net monthly earnings for
8the 6 months immediately preceding the date of the first
9absence, not to exceed $2,400 per month. If a divorced or
10legally separated applicant is claiming loss of support for a
11minor child of the deceased, the amount of support for each
12child shall be based either on the amount of support pursuant
13to the judgment prior to the date of the deceased victim's
14injury or death, or, if the subject of pending litigation
15filed by or on behalf of the divorced or legally separated
16applicant prior to the injury or death, on the result of that
17litigation. Real and personal property includes, but is not
18limited to, vehicles, houses, apartments, town houses, or
19condominiums. Pecuniary loss does not include pain and
20suffering or property loss or damage.
21    The changes made to this subsection by Public Act 101-652
22this amendatory Act of the 101st General Assembly apply to
23actions commenced or pending on or after January 1, 2022.
24    (i) "Replacement services loss" means expenses reasonably
25incurred in obtaining ordinary and necessary services in lieu
26of those the injured person would have performed, not for

 

 

HB3596- 8 -LRB103 27123 LNS 53491 b

1income, but for the benefit of himself or herself or his or her
2family, if he or she had not been injured.
3    (j) "Dependents replacement services loss" means loss
4reasonably incurred by dependents or private legal guardians
5of minor dependents after a victim's death in obtaining
6ordinary and necessary services in lieu of those the victim
7would have performed, not for income, but for their benefit,
8if he or she had not been fatally injured.
9    (k) "Survivor" means immediate family including a parent,
10stepfather, stepmother, child, brother, sister, or spouse.
11    (l) "Parent" means a natural parent, adopted parent,
12stepparent, or permanent legal guardian of another person.
13    (m) "Trafficking tattoo" is a tattoo which is applied to a
14victim in connection with the commission of a violation of
15Section 10-9 of the Criminal Code of 2012.
16(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
17102-27, eff. 6-25-21; 102-905, eff. 1-1-23; revised 12-14-22.)
 
18    (Text of Section after amendment by P.A. 102-982)
19    Sec. 2. Definitions. As used in this Act, unless the
20context otherwise requires:
21    (a) "Applicant" means any person who applies for
22compensation under this Act or any person the Court of Claims
23or the Attorney General finds is entitled to compensation,
24including the guardian of a minor or of a person under legal
25disability. It includes any person who was a dependent of a

 

 

HB3596- 9 -LRB103 27123 LNS 53491 b

1deceased victim of a crime of violence for his or her support
2at the time of the death of that victim.
3    The changes made to this subsection by Public Act 101-652
4this amendatory Act of the 101st General Assembly apply to
5actions commenced or pending on or after January 1, 2022.
6    (b) "Court of Claims" means the Court of Claims created by
7the Court of Claims Act.
8    (c) "Crime of violence" means and includes any offense
9defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
1010-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1111-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
1212-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
1312-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
1412-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
15or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
16subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
171961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
18the Cemetery Protection Act, Section 125 of the Stalking No
19Contact Order Act, Section 219 of the Civil No Contact Order
20Act, driving under the influence as defined in Section 11-501
21of the Illinois Vehicle Code, a violation of Section 11-401 of
22the Illinois Vehicle Code, provided the victim was a
23pedestrian or was operating a vehicle moved solely by human
24power or a mobility device at the time of contact, and a
25violation of Section 11-204.1 of the Illinois Vehicle Code; so
26long as the offense did not occur during a civil riot,

 

 

HB3596- 10 -LRB103 27123 LNS 53491 b

1insurrection or rebellion. "Crime of violence" does not
2include any other offense or crash involving a motor vehicle
3except those vehicle offenses specifically provided for in
4this paragraph. "Crime of violence" does include all of the
5offenses specifically provided for in this paragraph that
6occur within this State but are subject to federal
7jurisdiction and crimes involving terrorism as defined in 18
8U.S.C. 2331.
9    (d) "Victim" means (1) a person killed or injured in this
10State as a result of a crime of violence perpetrated or
11attempted against him or her, (2) the spouse, parent, or child
12of a person killed or injured in this State as a result of a
13crime of violence perpetrated or attempted against the person,
14or anyone living in the household of a person killed or injured
15in a relationship that is substantially similar to that of a
16parent, spouse, or child, (3) a person killed or injured in
17this State while attempting to assist a person against whom a
18crime of violence is being perpetrated or attempted, if that
19attempt of assistance would be expected of a reasonable person
20under the circumstances, (4) a person killed or injured in
21this State while assisting a law enforcement official
22apprehend a person who has perpetrated a crime of violence or
23prevent the perpetration of any such crime if that assistance
24was in response to the express request of the law enforcement
25official, (5) a person who personally witnessed a violent
26crime, (5.05) a person who will be called as a witness by the

 

 

HB3596- 11 -LRB103 27123 LNS 53491 b

1prosecution to establish a necessary nexus between the
2offender and the violent crime, (5.1) solely for the purpose
3of compensating for pecuniary loss incurred for psychological
4treatment of a mental or emotional condition caused or
5aggravated by the crime, any other person under the age of 18
6who is the brother, sister, half brother, or half sister of a
7person killed or injured in this State as a result of a crime
8of violence, (6) an Illinois resident who is a victim of a
9"crime of violence" as defined in this Act except, if the crime
10occurred outside this State, the resident has the same rights
11under this Act as if the crime had occurred in this State upon
12a showing that the state, territory, country, or political
13subdivision of a country in which the crime occurred does not
14have a compensation of victims of crimes law for which that
15Illinois resident is eligible, (7) a deceased person whose
16body is dismembered or whose remains are desecrated as the
17result of a crime of violence, or (8) solely for the purpose of
18compensating for pecuniary loss incurred for psychological
19treatment of a mental or emotional condition caused or
20aggravated by the crime, any parent, spouse, or child under
21the age of 18 of a deceased person whose body is dismembered or
22whose remains are desecrated as the result of a crime of
23violence.
24    (e) "Dependent" means a relative of a deceased victim who
25was wholly or partially dependent upon the victim's income at
26the time of his or her death and shall include the child of a

 

 

HB3596- 12 -LRB103 27123 LNS 53491 b

1victim born after his or her death.
2    (f) "Relative" means a spouse, parent, grandparent,
3stepfather, stepmother, child, grandchild, brother,
4brother-in-law, sister, sister-in-law, half brother, half
5sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
6living in the household of a person killed or injured in a
7relationship that is substantially similar to that of a
8parent, spouse, or child.
9    (g) "Child" means a son or daughter and includes a
10stepchild, an adopted child or a child born out of wedlock.
11    (h) "Pecuniary loss" means, in the case of injury,
12appropriate medical expenses and hospital expenses including
13expenses of medical examinations, rehabilitation, medically
14required nursing care expenses, appropriate psychiatric care
15or psychiatric counseling expenses, appropriate expenses for
16care or counseling by a licensed clinical psychologist,
17licensed clinical social worker, licensed professional
18counselor, or licensed clinical professional counselor and
19expenses for treatment by Christian Science practitioners and
20nursing care appropriate thereto; transportation expenses to
21and from medical and counseling treatment facilities;
22prosthetic appliances, eyeglasses, and hearing aids necessary
23or damaged as a result of the crime; expenses incurred for the
24towing and storage of a victim's vehicle in connection with a
25crime of violence, to a maximum of $1,000; costs associated
26with trafficking tattoo removal by a person authorized or

 

 

HB3596- 13 -LRB103 27123 LNS 53491 b

1licensed to perform the specific removal procedure;
2replacement costs for clothing and bedding used as evidence;
3replacement costs for personal belongings and essential items
4damaged or destroyed in the commission of or as a result of the
5violent crime; replacement costs for personal belongings or
6essential items left behind by victims of offenses defined in
7Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
812-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code
9of 1961 or the Criminal Code of 2012; costs associated with
10temporary lodging or relocation necessary as a result of the
11crime, including, but not limited to, the first month's rent
12and security deposit of the dwelling that the claimant
13relocated to and other reasonable relocation expenses incurred
14as a result of the violent crime; locks, doors, or windows
15necessary or damaged as a result of the crime; the purchase,
16lease, or rental of equipment necessary to create usability of
17and accessibility to the victim's real and personal property,
18or the real and personal property which is used by the victim,
19necessary as a result of the crime; the costs of appropriate
20crime scene clean-up; replacement services loss, to a maximum
21of $1,250 per month; dependents replacement services loss, to
22a maximum of $1,250 per month; loss of tuition paid to attend
23grammar school or high school when the victim had been
24enrolled as a student prior to the injury, or college or
25graduate school when the victim had been enrolled as a day or
26night student prior to the injury when the victim becomes

 

 

HB3596- 14 -LRB103 27123 LNS 53491 b

1unable to continue attendance at school as a result of the
2crime of violence perpetrated against him or her; attorney's
3fees for legal proceedings related to the victim's or
4applicant's victimization but not related to applications
5under this Act; expenses and loss as a result of economic abuse
6as defined by paragraph (49) of Section 2 of the federal
7Violence Against Women Act in connection with a crime of
8violence under this Act; loss of earnings, including, but not
9limited to, the victim or the victim's family or household
10member taking leave from work as a result of experiencing a
11crime of violence or to address the crime of violence by
12seeking medical attention for, or recovery from, physical or
13psychological injuries caused by the crime of violence to the
14victim or the victim's family or household member; obtaining
15services from a victim services organization for the victim or
16the victim's family or household member; obtaining
17psychological or other counseling for the victim or the
18victim's family or household member; participating in safety
19planning, temporarily or permanently relocating, or taking
20other actions to increase the safety of the victim or the
21victim's family or household member from future crimes of
22violence or ensure economic security; seeking legal assistance
23or remedies to ensure the health and safety of the victim or
24the victim's family or household member, including preparing
25for or participating in any civil or criminal legal proceeding
26related to or derived from the crime of violence; loss of

 

 

HB3596- 15 -LRB103 27123 LNS 53491 b

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

 

 

HB3596- 16 -LRB103 27123 LNS 53491 b

1injury or death, or, if the subject of pending litigation
2filed by or on behalf of the divorced or legally separated
3applicant prior to the injury or death, on the result of that
4litigation. Real and personal property includes, but is not
5limited to, vehicles and all parts of vehicles, houses,
6apartments, town houses, or condominiums. Pecuniary loss does
7not include pain and suffering or property loss or damage.
8    The changes made to this subsection by Public Act 101-652
9this amendatory Act of the 101st General Assembly apply to
10actions commenced or pending on or after January 1, 2022.
11    (i) "Replacement services loss" means expenses reasonably
12incurred in obtaining ordinary and necessary services in lieu
13of those the injured person would have performed, not for
14income, but for the benefit of himself or herself or his or her
15family, if he or she had not been injured.
16    (j) "Dependents replacement services loss" means loss
17reasonably incurred by dependents or private legal guardians
18of minor dependents after a victim's death in obtaining
19ordinary and necessary services in lieu of those the victim
20would have performed, not for income, but for their benefit,
21if he or she had not been fatally injured.
22    (k) "Survivor" means immediate family including a parent,
23stepfather, stepmother, child, brother, sister, or spouse.
24    (l) "Parent" means a natural parent, adopted parent,
25stepparent, or permanent legal guardian of another person.
26    (m) "Trafficking tattoo" is a tattoo which is applied to a

 

 

HB3596- 17 -LRB103 27123 LNS 53491 b

1victim in connection with the commission of a violation of
2Section 10-9 of the Criminal Code of 2012.
3(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
4102-27, eff. 6-25-21; 102-905, eff. 1-1-23; 102-982, eff.
57-1-23; revised 12-14-22.)
 
6    (740 ILCS 45/2.5)
7    Sec. 2.5. Felon as victim. A victim's criminal history or
8felony status shall not automatically prevent compensation to
9that victim or the victim's family. However, no compensation
10may be granted to a victim or applicant under this Act while
11the applicant or victim is held in a correctional institution.
12For purposes of this Section, the death of a felon who is
13serving a term of parole, probation, or mandatory supervised
14release shall be considered a discharge from that sentence.
15    A victim who has been convicted of a felony may apply for
16assistance under this Act at any time but no award of
17compensation may be considered until the applicant meets the
18requirements of this Section.
19    The changes made to this Section by this amendatory Act of
20the 96th General Assembly apply to actions commenced or
21pending on or after the effective date of this amendatory Act
22of the 96th General Assembly.
23(Source: P.A. 101-652, eff. 7-1-21.)
 
24    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)

 

 

HB3596- 18 -LRB103 27123 LNS 53491 b

1    Sec. 4.1. In addition to other powers and duties set forth
2in this Act and other powers exercised by the Attorney
3General, the Attorney General shall:
4        (1) investigate all claims, and prepare and present an
5    investigatory report, and a draft an award determination,
6    provide the applicant with written notification of the
7    drafted award determination, and within 90 days of the
8    applicant submitting a complete application present the
9    drafted award determination to the Court of Claims for a
10    review period of 28 business days;
11        (2) upon conclusion of the review by the Court of
12    Claims, provide the applicant with a compensation
13    determination letter;
14        (3) prescribe and furnish all applications and other
15    forms required to be filed in the office of the Attorney
16    General by the terms of this Act, make all applications
17    and forms available electronically through the Attorney
18    General's website, translate all paper and electronic
19    forms and applications into the 5 most common non-English
20    languages in this State, maintain an online application
21    system that enables an applicant to resume filing
22    applications, and maintain a case-tracking system for an
23    applicant to track the status of the application; and
24        (4) represent the interests of the State of Illinois
25    in any hearing before the Court of Claims.
26    The changes made to this Section by this amendatory Act of

 

 

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1the 101st General Assembly apply to actions commenced or
2pending on or after January 1, 2022.
3(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
4    (740 ILCS 45/4.2)
5    Sec. 4.2. Cooperation in review of crime victims
6compensation applications. A law enforcement agency in this
7State shall, within 15 days of receipt of a written request for
8a police report made to verify that the requirements of a crime
9victims compensation application under Section 6.1 of this Act
10have been met, provide the Attorney General's office with the
11law enforcement agency's full written report of the
12investigation of the crime for which an application for
13compensation has been filed. If the law enforcement agency
14does not provide the Attorney General's office with the law
15enforcement agency's full written report of the investigation
16of the crime for which an application for compensation has
17been filed within 15 days of receipt of the written request,
18the victim or applicant may obtain and provide a law
19enforcement report to the Attorney General and the Attorney
20General shall proceed with the review of the application. The
21law enforcement agency may redact the following from the
22report: names of confidential sources and informants;
23locations from which law enforcement conduct surveillance; and
24information related to issues of national security the law
25enforcement agency provided to or received from the United

 

 

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1States Department of Homeland Security or another federal law
2enforcement agency. The Attorney General's office and a law
3enforcement agency may agree to the redaction of other
4information in the report or to the provision of necessary
5information in another format. Within 15 days of receipt of
6the request, a law enforcement agency shall respond to a
7written request from the Attorney General's office for
8additional information necessary to assist the Attorney
9General's office in making a recommendation for compensation.
10    Records that are obtained by the Attorney General's office
11from a law enforcement agency under this Section for purposes
12of investigating an application for crime victim compensation
13shall not be disclosed to the public, including the applicant,
14by the Attorney General's office. The records, while in the
15possession of the Attorney General's office, shall be exempt
16from disclosure by the Attorney General's office under the
17Freedom of Information Act.
18(Source: P.A. 100-690, eff. 1-1-19.)
 
19    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
20    Sec. 6.1. Right to compensation. A person is entitled to
21compensation under this Act if:
22        (a) The Within 5 years of the occurrence of the crime,
23    or within one year after a criminal charge of a person for
24    an offense, upon which the claim is based, the applicant
25    presents an application, under oath, to the Attorney

 

 

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1    General that is filed with the Court of Claims and on a
2    form prescribed in accordance with Section 7.1 furnished
3    by the Attorney General. If the person entitled to
4    compensation is under 18 years of age or under other legal
5    disability at the time of the occurrence or is determined
6    by a court to be under a legal disability as a result of
7    the occurrence, he or she may present the application
8    required by this subsection within 3 years after he or she
9    attains the age of 18 years or the disability is removed,
10    as the case may be. Legal disability includes a diagnosis
11    of posttraumatic stress disorder.
12        (a-1) (Blank). The Attorney General and the Court of
13    Claims may accept an application presented after the
14    period provided in subsection (a) if the Attorney General
15    determines that the applicant had good cause for a delay.
16        (b) (Blank). For all crimes of violence, except those
17    listed in subsection (b-1) of this Section, the
18    appropriate law enforcement officials were notified within
19    72 hours of the perpetration of the crime allegedly
20    causing the death or injury to the victim or, in the event
21    such notification was made more than 72 hours after the
22    perpetration of the crime, the applicant establishes that
23    such notice was timely under the circumstances.
24        (b-1) For victims of offenses defined in Sections
25    10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
26    12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of

 

 

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1    1961 or the Criminal Code of 2012, the appropriate law
2    enforcement officials were notified within 7 days of the
3    perpetration of the crime allegedly causing death or
4    injury to the victim or, in the event that the
5    notification was made more than 7 days after the
6    perpetration of the crime, the applicant establishes that
7    the notice was timely under the circumstances. If the
8    applicant or victim has obtained an order of protection, a
9    civil no contact order, or a stalking no contact order,
10    has presented himself or herself to a hospital for medical
11    care or sexual assault evidence collection, or is engaged
12    in a legal proceeding involving a claim that the applicant
13    or victim is a victim of human trafficking, such action
14    shall constitute appropriate notification under this
15    subsection (b-1) or subsection (b) of this Section. A
16    victim of crime who has presented himself or herself to a
17    hospital for medical care or sexual assault evidence
18    collection is not required to reveal the cause of his or
19    her injuries or health needs. A victim of crime is not
20    required to present himself or herself to a hospital for
21    medical care or sexual assault evidence collection within
22    a specified time.
23        (b-2) For all crimes of violence, the victim or
24    applicant provides to the Attorney General a sworn
25    statement of the victim or applicant that attests to the
26    victim's or applicant's experience of a crime or crimes of

 

 

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1    violence, and if the victim or applicant has possession of
2    corroborating evidence, the victim or applicant may
3    provide one of the following documents: law enforcement
4    report; medical records; confirmation of sexual assault
5    evidence collection; order of protection; civil no contact
6    order; stalking no contact order; photographs; letter from
7    a service provider who serves victims of crime; affidavit
8    from a witness of the crime of violence; court or legal
9    proceeding record; military record; or other corroborating
10    evidence.
11        (c) The applicant has cooperated with law enforcement
12    officials in the apprehension and prosecution of the
13    assailant. Cooperation with law enforcement is not
14    required for a victim of an offense defined in Sections
15    10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
16    12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
17    1961 or the Criminal Code of 2012. A victim of an offense
18    defined in Sections 10-9, 11-1.20, 11-1.30, 11-1.40,
19    11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, and 12-16
20    of the Criminal Code of 1961 or the Criminal Code of 2012
21    shall not be determined to have failed to cooperate based
22    on the victim's conduct with law enforcement at the scene
23    of the crime. Lack of cooperation shall not be found
24    solely because the victim delayed reporting the qualifying
25    crime. If the applicant or victim has obtained an order of
26    protection, a civil no contact order, or a stalking no

 

 

HB3596- 24 -LRB103 27123 LNS 53491 b

1    contact order, has presented himself or herself to a
2    hospital for medical care or sexual assault evidence
3    collection, or is engaged in a legal proceeding involving
4    a claim that the applicant or victim is a victim of human
5    trafficking, such action shall constitute cooperation
6    under this subsection (c). If the victim is under 18 years
7    of age at the time of the commission of the offense, the
8    following shall constitute cooperation under this
9    subsection (c):
10            (1) the applicant or the victim files a police
11        report with a law enforcement agency;
12            (2) a mandated reporter reports the crime to law
13        enforcement; or
14            (3) a person with firsthand knowledge of the crime
15        reports the crime to law enforcement.
16        (d) The applicant is not the offender or an accomplice
17    of the offender and the award would not unjustly benefit
18    the offender or his accomplice.
19        (e) (Blank).
20        (f) For victims of offenses defined in Section 10-9 of
21    the Criminal Code of 2012, the victim submits a statement
22    under oath on a form prescribed by the Attorney General
23    attesting that the removed tattoo was applied in
24    connection with the commission of the offense.
25        (g) In determining whether cooperation has been
26    reasonable, the Attorney General and Court of Claims may

 

 

HB3596- 25 -LRB103 27123 LNS 53491 b

1    consider the victim's age, physical condition,
2    psychological state, cultural or linguistic barriers, and
3    compelling health and safety concerns, including, but not
4    limited to, a reasonable fear of retaliation or harm that
5    would jeopardize the well-being of the victim or the
6    victim's family, and giving due consideration to the
7    degree of cooperation that the victim or derivative victim
8    is capable of in light of the presence of any of these
9    factors, or any other factor the Attorney General
10    considers relevant.
11    The changes made to this Section by this amendatory Act of
12the 101st General Assembly apply to actions commenced or
13pending on or after January 1, 2022.
14(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
15    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
16    Sec. 10.1. Amount of compensation. The amount of
17compensation to which an applicant and other persons are
18entitled shall be based on the following factors:
19        (a) A victim may be compensated for his or her
20    pecuniary loss.
21        (b) A dependent may be compensated for loss of
22    support.
23        (c) Any person, even though not dependent upon the
24    victim for his or her support, may be compensated for
25    reasonable expenses of the victim to the extent to which

 

 

HB3596- 26 -LRB103 27123 LNS 53491 b

1    he or she has paid or become obligated to pay such expenses
2    and only after compensation for reasonable funeral,
3    medical and hospital expenses of the victim have been
4    awarded may compensation be made for reasonable expenses
5    of the victim incurred for psychological treatment of a
6    mental or emotional condition caused or aggravated by the
7    crime.
8        (d) An award shall be reduced or denied according to
9    the extent to which the victim's injury or death was
10    caused by provocation or incitement by the victim or the
11    victim assisting, attempting, or committing a criminal
12    act. It is presumed that a crime victim or applicant did
13    not provoke, incite, assist, attempt, or commit the
14    criminal act that led to the victim's injury or death
15    unless clear and convincing evidence exists that relief
16    under this Act would lead to unjust enrichment. A denial
17    or reduction shall not automatically bar the survivors of
18    homicide victims from receiving compensation for
19    counseling, crime scene cleanup, relocation, funeral or
20    burial costs, and loss of support if the survivor's
21    actions have not initiated, provoked, or aggravated the
22    suspect into initiating the qualifying crime.
23        (e) An award shall be reduced by the amount of
24    benefits, payments or awards payable under those sources
25    which are required to be listed under item (7) of Section
26    7.1(a) and any other sources except annuities, pension

 

 

HB3596- 27 -LRB103 27123 LNS 53491 b

1    plans, Federal Social Security payments payable to
2    dependents of the victim and the net proceeds of the first
3    $25,000 of life insurance that would inure to the benefit
4    of the applicant, which the applicant or any other person
5    dependent for the support of a deceased victim, as the
6    case may be, has received or to which he or she is entitled
7    as a result of injury to or death of the victim.
8        (f) A final award shall not exceed $10,000 for a crime
9    committed prior to September 22, 1979, $15,000 for a crime
10    committed on or after September 22, 1979 and prior to
11    January 1, 1986, $25,000 for a crime committed on or after
12    January 1, 1986 and prior to August 7, 1998, $27,000 for a
13    crime committed on or after August 7, 1998 and prior to
14    August 7, 2022, or $45,000 for a crime committed on or
15    after August 7, 2022. If the total pecuniary loss is
16    greater than the maximum amount allowed, the award shall
17    be divided in proportion to the amount of actual loss
18    among those entitled to compensation.
19        (g) Compensation under this Act is a secondary source
20    of compensation and the applicant must show that he or she
21    has exhausted the benefits reasonably available under the
22    Criminal Victims' Escrow Account Act or any governmental
23    or medical or health insurance programs, including, but
24    not limited to, Workers' Compensation, the Federal
25    Medicare program, the State Public Aid program, Social
26    Security Administration burial benefits, and Veterans

 

 

HB3596- 28 -LRB103 27123 LNS 53491 b

1    Administration burial benefits, and life, health,
2    accident, full vehicle coverage (including towing
3    insurance, if available), or liability insurance.
4(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
 
5    (740 ILCS 45/10.2)
6    Sec. 10.2. Emergency awards.
7    (a) If it appears, prior to taking action on an
8application, that the claim is one for which compensation is
9probable, and undue hardship will result to the applicant if
10immediate payment is not made, the Attorney General may
11recommend and the Court may make an emergency award of
12compensation to the applicant, pending a final decision in the
13case. Emergency awards may be issued to the applicant for the
14purpose of paying funeral and burial expenses directly to a
15funeral home and for relocation expenses incurred by an
16applicant. The amount of emergency compensation shall be
17deducted from any final award made as a result of the claim.
18The full amount of the emergency award if no final award is
19made shall be repaid by the applicant to the State of Illinois.
20The Attorney General must create a process with forms and
21applications for applying for emergency awards, create a
22process for determining emergency awards within 48 hours of
23the filing of the application, and publicize this process on
24the Attorney General's website.
25    (b) Emergency award applicants must satisfy all

 

 

HB3596- 29 -LRB103 27123 LNS 53491 b

1requirements under Section 6.1 of this Act.
2(Source: P.A. 102-27, eff. 1-1-22.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.

 

 

HB3596- 30 -LRB103 27123 LNS 53491 b

1 INDEX
2 Statutes amended in order of appearance
3    740 ILCS 45/2
4    740 ILCS 45/2.5
5    740 ILCS 45/4.1from Ch. 70, par. 74.1
6    740 ILCS 45/4.2
7    740 ILCS 45/6.1from Ch. 70, par. 76.1
8    740 ILCS 45/10.1from Ch. 70, par. 80.1
9    740 ILCS 45/10.2