95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0031

 

Introduced 1/31/2007, by Sen. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 45/6.1   from Ch. 70, par. 76.1

    Amends the Crime Victims Compensation Act. Provides an alternative time for filing a claim: that a crime victim may file a claim within one year after the criminal indictment of a person for a crime upon which the claim is based (now, within 2 years of the crime).


LRB095 04779 AJO 24838 b

 

 

A BILL FOR

 

SB0031 LRB095 04779 AJO 24838 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, or
10     within one year after a criminal indictment of a person for
11     an offense, upon which the claim is based, he files an
12     application, under oath, with the Court of Claims and on a
13     form prescribed in accordance with Section 7.1 furnished by
14     the Attorney General. If the person entitled to
15     compensation is under 18 years of age or under other legal
16     disability at the time of the occurrence or becomes legally
17     disabled as a result of the occurrence, he may file the
18     application required by this subsection within 2 years
19     after he attains the age of 18 years or the disability is
20     removed, as the case may be. Legal disability includes a
21     diagnosis of posttraumatic stress disorder.
22         (b) For all crimes of violence, except those listed in
23     subsection (b-1) of this Section, the appropriate law

 

 

SB0031 - 2 - LRB095 04779 AJO 24838 b

1     enforcement officials were notified within 72 hours of the
2     perpetration of the crime allegedly causing the death or
3     injury to the victim or, in the event such notification was
4     made more than 72 hours after the perpetration of the
5     crime, the applicant establishes that such notice was
6     timely under the circumstances.
7         (b-1) For victims of offenses defined in Sections
8     12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal
9     Code of 1961, the appropriate law enforcement officials
10     were notified within 7 days of the perpetration of the
11     crime allegedly causing death or injury to the victim or,
12     in the event that the notification was made more than 7
13     days after the perpetration of the crime, the applicant
14     establishes that the notice was timely under the
15     circumstances. (b-2) If the applicant has obtained an order
16     of protection or a civil no contact order or has presented
17     himself or herself to a hospital for sexual assault
18     evidence collection and medical care, such action shall
19     constitute appropriate notification under this subsection
20     (b-1) or subsection (b) or (b-1) of this Section.
21         (c) The applicant has cooperated with law enforcement
22     officials in the apprehension and prosecution of the
23     assailant. (c-1) If the applicant has obtained an order of
24     protection or a civil no contact order or has presented
25     himself or herself to a hospital for sexual assault
26     evidence collection and medical care, such action shall

 

 

SB0031 - 3 - LRB095 04779 AJO 24838 b

1     constitute cooperation under this subsection (c) of this
2     Section.
3         (d) The applicant is not the offender or an accomplice
4     of the offender and the award would not unjustly benefit
5     the offender or his accomplice.
6         (e) The injury to or death of the victim was not
7     substantially attributable to his own wrongful act and was
8     not substantially provoked by the victim.
9 (Source: P.A. 94-192, eff. 1-1-06; revised 8-16-05.)