Full Text of HB3596 103rd General Assembly
HB3596 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3596 Introduced 2/17/2023, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
| |
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.
|
| |
| | A BILL FOR |
|
| | | HB3596 | | LRB103 27123 LNS 53491 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 | 5 | | by changing Sections 2, 2.5, 4.1, 4.2, 6.1, 10.1, and 10.2 as | 6 | | follows:
| 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 | 10 | | context
otherwise requires:
| 11 | | (a) "Applicant" means any person who applies for | 12 | | compensation under this
Act or any person the Court of Claims | 13 | | or the Attorney General finds is entitled to compensation,
| 14 | | including the guardian of a minor or of a person under legal | 15 | | disability. It
includes any person who was a dependent of a | 16 | | deceased victim of a crime of
violence for his or her support | 17 | | at the time of the death of that victim.
| 18 | | The changes made to this subsection by Public Act 101-652 | 19 | | this amendatory Act of the 101st General Assembly apply to | 20 | | actions commenced or pending on or after January 1, 2022. | 21 | | (b) "Court of Claims" means the Court of Claims created by | 22 | | the Court
of Claims Act.
| 23 | | (c) "Crime of violence" means and includes any offense |
| | | HB3596 | - 2 - | LRB103 27123 LNS 53491 b |
|
| 1 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | 2 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 3 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | 4 | | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | 5 | | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | 6 | | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | 7 | | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | 8 | | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | 9 | | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | 10 | | the Cemetery Protection Act, Section 125 of the Stalking No | 11 | | Contact Order Act, Section 219 of the Civil No Contact Order | 12 | | Act, driving under
the influence as defined in Section
11-501 | 13 | | of the Illinois Vehicle Code, a violation of Section 11-401 of | 14 | | the Illinois Vehicle Code, provided the victim was a | 15 | | pedestrian or was operating a vehicle moved solely by human | 16 | | power or a mobility device at the time of contact, and a | 17 | | violation of Section 11-204.1 of the Illinois Vehicle Code; so | 18 | | long as the offense did not occur
during a civil riot, | 19 | | insurrection or rebellion. "Crime of violence" does not
| 20 | | include any other offense or accident involving a motor | 21 | | vehicle except those
vehicle offenses specifically provided | 22 | | for in this paragraph. "Crime of
violence" does include all of | 23 | | the offenses specifically provided for in this
paragraph that | 24 | | occur within this State but are subject to federal | 25 | | jurisdiction
and crimes involving terrorism as defined in 18 | 26 | | U.S.C. 2331.
|
| | | HB3596 | - 3 - | LRB103 27123 LNS 53491 b |
|
| 1 | | (d) "Victim" means (1) a person killed or injured in this | 2 | | State as a
result of a crime of violence perpetrated or | 3 | | attempted against him or her,
(2) the
spouse, parent, or child | 4 | | of a person killed or injured in this State as a result of a | 5 | | crime of
violence perpetrated or attempted against the person, | 6 | | or anyone living in the household of a person killed or injured | 7 | | in a relationship that is substantially similar to that of a | 8 | | parent, spouse, or child, (3) a person killed
or injured in | 9 | | this State while attempting to assist a person against whom a
| 10 | | crime of violence is being perpetrated or attempted, if that | 11 | | attempt of
assistance would be expected of a reasonable person | 12 | | under the circumstances,
(4) a person killed or injured in | 13 | | this State while assisting a law
enforcement official | 14 | | apprehend a person who has perpetrated a crime of
violence or | 15 | | prevent the perpetration of any such crime if that
assistance | 16 | | was in response to the express request of the law enforcement
| 17 | | official, (5) a person who personally
witnessed a violent | 18 | | crime, (5.05) a person who will be called as a witness by the | 19 | | prosecution to establish a necessary nexus between the | 20 | | offender and the violent crime, (5.1) solely
for the purpose | 21 | | of compensating for pecuniary loss incurred for
psychological | 22 | | treatment of a mental or emotional condition caused or | 23 | | aggravated
by the crime, any other person under the age of 18 | 24 | | who is the brother, sister,
half brother, or half sister
of a | 25 | | person killed or injured in
this State as a
result of a crime | 26 | | of 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 | 2 | | occurred outside this State, the resident has the same rights
| 3 | | under this Act as if the crime had occurred in this State upon | 4 | | a showing
that the state, territory, country, or political | 5 | | subdivision of a country
in which the crime occurred does not | 6 | | have a compensation of victims of
crimes law for which that | 7 | | Illinois resident is eligible, (7) a deceased person whose | 8 | | body is dismembered or whose remains are desecrated as the | 9 | | result of a crime of violence, or (8) solely for the purpose of | 10 | | compensating for pecuniary loss incurred for psychological | 11 | | treatment of a mental or emotional condition caused or | 12 | | aggravated by the crime, any parent, spouse, or child under | 13 | | the age of 18 of a deceased person whose body is dismembered or | 14 | | whose remains are desecrated as the result of a crime of | 15 | | violence.
| 16 | | (e) "Dependent" means a relative of a deceased victim who | 17 | | was wholly or
partially dependent upon the victim's income at | 18 | | the time of his or her
death
and shall include the child of a | 19 | | victim born after his or her death.
| 20 | | (f) "Relative" means a spouse, parent, grandparent, | 21 | | stepfather, stepmother,
child, grandchild, brother, | 22 | | brother-in-law, sister, sister-in-law, half
brother, half | 23 | | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | 24 | | living in the household of a person killed or injured in a | 25 | | relationship that is substantially similar to that of a | 26 | | parent, spouse, or child.
|
| | | HB3596 | - 5 - | LRB103 27123 LNS 53491 b |
|
| 1 | | (g) "Child" means a son or daughter and includes a | 2 | | stepchild, an adopted child or a child born out of wedlock.
| 3 | | (h) "Pecuniary loss" means, in the case of injury, | 4 | | appropriate medical
expenses and hospital expenses including | 5 | | expenses of medical
examinations, rehabilitation, medically | 6 | | required
nursing care expenses, appropriate
psychiatric care | 7 | | or psychiatric counseling expenses, appropriate expenses for | 8 | | care or
counseling by a licensed clinical psychologist, | 9 | | licensed clinical social
worker, licensed professional | 10 | | counselor, or licensed clinical professional counselor and | 11 | | expenses for treatment by Christian Science practitioners and
| 12 | | nursing care appropriate thereto; transportation expenses to | 13 | | and from medical and counseling treatment facilities; | 14 | | prosthetic appliances, eyeglasses, and
hearing aids necessary | 15 | | or damaged as a result of the
crime; expenses incurred for the | 16 | | towing and storage of a victim's vehicle in connection with a | 17 | | crime of violence, to a maximum of $1,000; costs associated | 18 | | with trafficking tattoo removal by a person authorized or | 19 | | licensed to perform the specific removal procedure; | 20 | | replacement costs for clothing and bedding used as evidence; | 21 | | costs
associated with temporary lodging or relocation | 22 | | necessary as a
result of the crime, including, but not limited | 23 | | to, the first month's rent and security deposit of the | 24 | | dwelling that the claimant relocated to and other reasonable | 25 | | relocation expenses incurred as a result of the violent crime;
| 26 | | locks or windows necessary or damaged as a result of the crime; |
| | | HB3596 | - 6 - | LRB103 27123 LNS 53491 b |
|
| 1 | | the purchase,
lease, or rental of equipment necessary to | 2 | | create usability of and
accessibility to the victim's real and | 3 | | personal property, or the real and
personal property which is | 4 | | used by the victim, necessary as a result of the
crime; the | 5 | | costs of appropriate crime scene clean-up;
replacement
| 6 | | services loss, to a maximum of $1,250 per month;
dependents | 7 | | replacement
services loss, to a maximum of $1,250 per month; | 8 | | loss of tuition paid to
attend grammar school or high school | 9 | | when the victim had been enrolled as a
student prior to the | 10 | | injury, or college or graduate school when
the victim had been | 11 | | enrolled as a day or night student prior to
the injury when the | 12 | | victim becomes unable to continue attendance at school
as a | 13 | | result of the crime of violence perpetrated against him or | 14 | | her; loss
of
earnings, loss of future earnings because of | 15 | | disability resulting from the
injury, and, in addition, in the | 16 | | case of death, expenses for funeral, burial, and travel and | 17 | | transport for survivors
of homicide victims to secure bodies | 18 | | of deceased victims and to transport
bodies for burial all of | 19 | | which
may be awarded up to a maximum of $10,000 and loss of | 20 | | support of the dependents of
the victim; in the case of | 21 | | dismemberment or desecration of a body, expenses for funeral | 22 | | and burial, all of which may be awarded up to a maximum of | 23 | | $10,000.
Loss of future earnings shall be reduced by any | 24 | | income from substitute work
actually performed by the victim | 25 | | or by income he or she would have earned
in
available | 26 | | appropriate substitute work he or she was capable of |
| | | HB3596 | - 7 - | LRB103 27123 LNS 53491 b |
|
| 1 | | performing
but
unreasonably failed to undertake. Loss of | 2 | | earnings, loss of future
earnings and loss of support shall be | 3 | | determined on the basis of the
victim's average net monthly | 4 | | earnings for the 6 months immediately
preceding the date of | 5 | | the injury or on $2,400 per month, whichever is less or, in | 6 | | cases where the absences commenced more than 3 years from the | 7 | | date of the crime, on the basis of the net monthly earnings for | 8 | | the 6 months immediately preceding the date of the first | 9 | | absence, not to exceed $2,400 per month.
If a divorced or | 10 | | legally separated applicant is claiming loss of support
for a | 11 | | minor child of the deceased, the amount of support for each | 12 | | child
shall be based either on the amount of support
pursuant | 13 | | to the judgment prior to the date of the deceased
victim's | 14 | | injury or death, or, if the subject of pending litigation | 15 | | filed by
or on behalf of the divorced or legally separated | 16 | | applicant prior to the
injury or death, on the result of that | 17 | | litigation. Real and personal
property includes, but is not | 18 | | limited to, vehicles, houses, apartments,
town houses, or | 19 | | condominiums. Pecuniary loss does not
include pain and | 20 | | suffering or property loss or damage.
| 21 | | The changes made to this subsection by Public Act 101-652 | 22 | | this amendatory Act of the 101st General Assembly apply to | 23 | | actions commenced or pending on or after January 1, 2022. | 24 | | (i) "Replacement services loss" means expenses reasonably | 25 | | incurred in
obtaining ordinary and necessary services in lieu | 26 | | of those the
injured person would have performed, not for |
| | | HB3596 | - 8 - | LRB103 27123 LNS 53491 b |
|
| 1 | | income, but for the benefit
of himself or herself or his or her | 2 | | family, if he or she had not
been injured.
| 3 | | (j) "Dependents replacement services loss" means loss | 4 | | reasonably incurred
by dependents or private legal guardians | 5 | | of minor dependents after a victim's death in obtaining | 6 | | ordinary and necessary
services in lieu of those the victim | 7 | | would have performed, not for income,
but for their benefit, | 8 | | if he or she had not been fatally injured.
| 9 | | (k) "Survivor" means immediate family including a parent, | 10 | | stepfather, stepmother, child,
brother, sister, or spouse.
| 11 | | (l) "Parent" means a natural parent, adopted parent, | 12 | | stepparent, or permanent legal guardian of another person. | 13 | | (m) "Trafficking tattoo" is a tattoo which is applied to a | 14 | | victim in connection with the commission of a violation of | 15 | | Section 10-9 of the Criminal Code of 2012. | 16 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | 17 | | 102-27, 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 | 20 | | context
otherwise requires:
| 21 | | (a) "Applicant" means any person who applies for | 22 | | compensation under this
Act or any person the Court of Claims | 23 | | or the Attorney General finds is entitled to compensation,
| 24 | | including the guardian of a minor or of a person under legal | 25 | | disability. It
includes any person who was a dependent of a |
| | | HB3596 | - 9 - | LRB103 27123 LNS 53491 b |
|
| 1 | | deceased victim of a crime of
violence for his or her support | 2 | | at the time of the death of that victim.
| 3 | | The changes made to this subsection by Public Act 101-652 | 4 | | this amendatory Act of the 101st General Assembly apply to | 5 | | actions commenced or pending on or after January 1, 2022. | 6 | | (b) "Court of Claims" means the Court of Claims created by | 7 | | the Court
of Claims Act.
| 8 | | (c) "Crime of violence" means and includes any offense | 9 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | 10 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 11 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | 12 | | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | 13 | | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | 14 | | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | 15 | | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | 16 | | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | 18 | | the Cemetery Protection Act, Section 125 of the Stalking No | 19 | | Contact Order Act, Section 219 of the Civil No Contact Order | 20 | | Act, driving under
the influence as defined in Section
11-501 | 21 | | of the Illinois Vehicle Code, a violation of Section 11-401 of | 22 | | the Illinois Vehicle Code, provided the victim was a | 23 | | pedestrian or was operating a vehicle moved solely by human | 24 | | power or a mobility device at the time of contact, and a | 25 | | violation of Section 11-204.1 of the Illinois Vehicle Code; so | 26 | | long as the offense did not occur
during a civil riot, |
| | | HB3596 | - 10 - | LRB103 27123 LNS 53491 b |
|
| 1 | | insurrection or rebellion. "Crime of violence" does not
| 2 | | include any other offense or crash involving a motor vehicle | 3 | | except those
vehicle offenses specifically provided for in | 4 | | this paragraph. "Crime of
violence" does include all of the | 5 | | offenses specifically provided for in this
paragraph that | 6 | | occur within this State but are subject to federal | 7 | | jurisdiction
and crimes involving terrorism as defined in 18 | 8 | | U.S.C. 2331.
| 9 | | (d) "Victim" means (1) a person killed or injured in this | 10 | | State as a
result of a crime of violence perpetrated or | 11 | | attempted against him or her,
(2) the
spouse, parent, or child | 12 | | of a person killed or injured in this State as a result of a | 13 | | crime of
violence perpetrated or attempted against the person, | 14 | | or anyone living in the household of a person killed or injured | 15 | | in a relationship that is substantially similar to that of a | 16 | | parent, spouse, or child, (3) a person killed
or injured in | 17 | | this State while attempting to assist a person against whom a
| 18 | | crime of violence is being perpetrated or attempted, if that | 19 | | attempt of
assistance would be expected of a reasonable person | 20 | | under the circumstances,
(4) a person killed or injured in | 21 | | this State while assisting a law
enforcement official | 22 | | apprehend a person who has perpetrated a crime of
violence or | 23 | | prevent the perpetration of any such crime if that
assistance | 24 | | was in response to the express request of the law enforcement
| 25 | | official, (5) a person who personally
witnessed a violent | 26 | | crime, (5.05) a person who will be called as a witness by the |
| | | HB3596 | - 11 - | LRB103 27123 LNS 53491 b |
|
| 1 | | prosecution to establish a necessary nexus between the | 2 | | offender and the violent crime, (5.1) solely
for the purpose | 3 | | of compensating for pecuniary loss incurred for
psychological | 4 | | treatment of a mental or emotional condition caused or | 5 | | aggravated
by the crime, any other person under the age of 18 | 6 | | who is the brother, sister,
half brother, or half sister
of a | 7 | | person killed or injured in
this State as a
result of a crime | 8 | | of violence, (6) an Illinois resident
who is a victim of a | 9 | | "crime of violence" as defined in this Act except, if
the crime | 10 | | occurred outside this State, the resident has the same rights
| 11 | | under this Act as if the crime had occurred in this State upon | 12 | | a showing
that the state, territory, country, or political | 13 | | subdivision of a country
in which the crime occurred does not | 14 | | have a compensation of victims of
crimes law for which that | 15 | | Illinois resident is eligible, (7) a deceased person whose | 16 | | body is dismembered or whose remains are desecrated as the | 17 | | result of a crime of violence, or (8) solely for the purpose of | 18 | | compensating for pecuniary loss incurred for psychological | 19 | | treatment of a mental or emotional condition caused or | 20 | | aggravated by the crime, any parent, spouse, or child under | 21 | | the age of 18 of a deceased person whose body is dismembered or | 22 | | whose remains are desecrated as the result of a crime of | 23 | | violence.
| 24 | | (e) "Dependent" means a relative of a deceased victim who | 25 | | was wholly or
partially dependent upon the victim's income at | 26 | | the time of his or her
death
and shall include the child of a |
| | | HB3596 | - 12 - | LRB103 27123 LNS 53491 b |
|
| 1 | | victim born after his or her death.
| 2 | | (f) "Relative" means a spouse, parent, grandparent, | 3 | | stepfather, stepmother,
child, grandchild, brother, | 4 | | brother-in-law, sister, sister-in-law, half
brother, half | 5 | | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | 6 | | living in the household of a person killed or injured in a | 7 | | relationship that is substantially similar to that of a | 8 | | parent, spouse, or child.
| 9 | | (g) "Child" means a son or daughter and includes a | 10 | | stepchild, an adopted child or a child born out of wedlock.
| 11 | | (h) "Pecuniary loss" means, in the case of injury, | 12 | | appropriate medical
expenses and hospital expenses including | 13 | | expenses of medical
examinations, rehabilitation, medically | 14 | | required
nursing care expenses, appropriate
psychiatric care | 15 | | or psychiatric counseling expenses, appropriate expenses for | 16 | | care or
counseling by a licensed clinical psychologist, | 17 | | licensed clinical social
worker, licensed professional | 18 | | counselor, or licensed clinical professional counselor and | 19 | | expenses for treatment by Christian Science practitioners and
| 20 | | nursing care appropriate thereto; transportation expenses to | 21 | | and from medical and counseling treatment facilities; | 22 | | prosthetic appliances, eyeglasses, and
hearing aids necessary | 23 | | or damaged as a result of the
crime; expenses incurred for the | 24 | | towing and storage of a victim's vehicle in connection with a | 25 | | crime of violence, to a maximum of $1,000; costs associated | 26 | | with trafficking tattoo removal by a person authorized or |
| | | HB3596 | - 13 - | LRB103 27123 LNS 53491 b |
|
| 1 | | licensed to perform the specific removal procedure; | 2 | | replacement costs for clothing and bedding used as evidence; | 3 | | replacement costs for personal belongings and essential items | 4 | | damaged or destroyed in the commission of or as a result of the | 5 | | violent crime; replacement costs for personal belongings or | 6 | | essential items left behind by victims of offenses defined in | 7 | | Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 8 | | 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012; costs
associated with | 10 | | temporary lodging or relocation necessary as a
result of the | 11 | | crime, including, but not limited to, the first month's rent | 12 | | and security deposit of the dwelling that the claimant | 13 | | relocated to and other reasonable relocation expenses incurred | 14 | | as a result of the violent crime;
locks , doors, or windows | 15 | | necessary or damaged as a result of the crime; the purchase,
| 16 | | lease, or rental of equipment necessary to create usability of | 17 | | and
accessibility to the victim's real and personal property, | 18 | | or the real and
personal property which is used by the victim, | 19 | | necessary as a result of the
crime; the costs of appropriate | 20 | | crime scene clean-up;
replacement
services loss, to a maximum | 21 | | of $1,250 per month;
dependents replacement
services loss, to | 22 | | a maximum of $1,250 per month; loss of tuition paid to
attend | 23 | | grammar school or high school when the victim had been | 24 | | enrolled as a
student prior to the injury, or college or | 25 | | graduate school when
the victim had been enrolled as a day or | 26 | | night student prior to
the injury when the victim becomes |
| | | HB3596 | - 14 - | LRB103 27123 LNS 53491 b |
|
| 1 | | unable to continue attendance at school
as a result of the | 2 | | crime of violence perpetrated against him or her; attorney's | 3 | | fees for legal proceedings related to the victim's or | 4 | | applicant's victimization but not related to applications | 5 | | under this Act; expenses and loss as a result of economic abuse | 6 | | as defined by paragraph (49) of Section 2 of the federal | 7 | | Violence Against Women Act in connection with a crime of | 8 | | violence under this Act; loss of earnings, including, but not | 9 | | limited to, the victim or the victim's family or household | 10 | | member taking leave from work as a result of experiencing a | 11 | | crime of violence or to address the crime of violence by | 12 | | seeking medical attention for, or recovery from, physical or | 13 | | psychological injuries caused by the crime of violence to the | 14 | | victim or the victim's family or household member; obtaining | 15 | | services from a victim services organization for the victim or | 16 | | the victim's family or household member; obtaining | 17 | | psychological or other counseling for the victim or the | 18 | | victim's family or household member; participating in safety | 19 | | planning, temporarily or permanently relocating, or taking | 20 | | other actions to increase the safety of the victim or the | 21 | | victim's family or household member from future crimes of | 22 | | violence or ensure economic security; seeking legal assistance | 23 | | or remedies to ensure the health and safety of the victim or | 24 | | the victim's family or household member, including preparing | 25 | | for or participating in any civil or criminal legal proceeding | 26 | | related to or derived from the crime of violence; loss
of
|
| | | HB3596 | - 15 - | LRB103 27123 LNS 53491 b |
|
| 1 | | earnings, loss of future earnings because of disability | 2 | | resulting from the
injury, and, in addition, in the case of | 3 | | death, expenses for funeral, burial, headstone, and travel and | 4 | | transport for survivors
of homicide victims to secure bodies | 5 | | of deceased victims and to transport
bodies for burial all of | 6 | | which
may be awarded up to a maximum of $10,000 and loss of | 7 | | support of the dependents of
the victim; in the case of | 8 | | dismemberment or desecration of a body, expenses for funeral , | 9 | | and burial, and headstone, all of which may be awarded up to a | 10 | | maximum of $10,000.
Loss of future earnings shall be reduced | 11 | | by any income from substitute work
actually performed by the | 12 | | victim or by income he or she would have earned
in
available | 13 | | appropriate substitute work he or she was capable of | 14 | | performing
but
unreasonably failed to undertake. Loss of | 15 | | earnings, loss of future
earnings and loss of support shall be | 16 | | determined on the basis of the
victim's average net monthly | 17 | | earnings for the 6 months immediately
preceding the date of | 18 | | the injury or on $2,400 per month, whichever is less or, in | 19 | | cases where the absences commenced more than 3 years from the | 20 | | date of the crime, on the basis of the net monthly earnings for | 21 | | the 6 months immediately preceding the date of the first | 22 | | absence, not to exceed $2,400 per month.
If a divorced or | 23 | | legally separated applicant is claiming loss of support
for a | 24 | | minor child of the deceased, the amount of support for each | 25 | | child
shall be based either on the amount of support
pursuant | 26 | | to the judgment prior to the date of the deceased
victim's |
| | | HB3596 | - 16 - | LRB103 27123 LNS 53491 b |
|
| 1 | | injury or death, or, if the subject of pending litigation | 2 | | filed by
or on behalf of the divorced or legally separated | 3 | | applicant prior to the
injury or death, on the result of that | 4 | | litigation. Real and personal
property includes, but is not | 5 | | limited to, vehicles and all parts of vehicles , houses, | 6 | | apartments,
town houses, or condominiums. Pecuniary loss does | 7 | | not
include pain and suffering or property loss or damage.
| 8 | | The changes made to this subsection by Public Act 101-652 | 9 | | this amendatory Act of the 101st General Assembly apply to | 10 | | actions commenced or pending on or after January 1, 2022. | 11 | | (i) "Replacement services loss" means expenses reasonably | 12 | | incurred in
obtaining ordinary and necessary services in lieu | 13 | | of those the
injured person would have performed, not for | 14 | | income, but for the benefit
of himself or herself or his or her | 15 | | family, if he or she had not
been injured.
| 16 | | (j) "Dependents replacement services loss" means loss | 17 | | reasonably incurred
by dependents or private legal guardians | 18 | | of minor dependents after a victim's death in obtaining | 19 | | ordinary and necessary
services in lieu of those the victim | 20 | | would have performed, not for income,
but for their benefit, | 21 | | if he or she had not been fatally injured.
| 22 | | (k) "Survivor" means immediate family including a parent, | 23 | | stepfather, stepmother, child,
brother, sister, or spouse.
| 24 | | (l) "Parent" means a natural parent, adopted parent, | 25 | | stepparent, 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 |
|
| 1 | | victim in connection with the commission of a violation of | 2 | | Section 10-9 of the Criminal Code of 2012. | 3 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | 4 | | 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; 102-982, eff. | 5 | | 7-1-23; revised 12-14-22.)
| 6 | | (740 ILCS 45/2.5)
| 7 | | Sec. 2.5. Felon as victim. A victim's criminal history or | 8 | | felony status shall not automatically prevent compensation to | 9 | | that victim or the victim's family. However, no compensation | 10 | | may be granted to a victim or applicant under this Act while | 11 | | the applicant or victim is held in a correctional institution.
| 12 | | For purposes of this Section, the death of a felon who is | 13 | | serving a term of parole, probation, or mandatory supervised | 14 | | release shall be considered a discharge from that sentence.
| 15 | | A victim who has been convicted of a felony may apply for | 16 | | assistance
under this Act at any time but no award of | 17 | | compensation may be considered
until the applicant meets the | 18 | | requirements of this Section.
| 19 | | The changes made to this Section by this amendatory Act of | 20 | | the 96th General Assembly apply to actions commenced or | 21 | | pending on or after the effective date of this amendatory Act | 22 | | of 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 | 2 | | in this Act
and other powers exercised by the Attorney | 3 | | General, 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 |
| | | HB3596 | - 19 - | LRB103 27123 LNS 53491 b |
|
| 1 | | the 101st General Assembly apply to actions commenced or | 2 | | pending 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 | 6 | | compensation applications. A law enforcement agency in this | 7 | | State shall, within 15 days of receipt of a written request for | 8 | | a police report made to verify that the requirements of a crime | 9 | | victims compensation application under Section 6.1 of this Act | 10 | | have been met, provide the Attorney General's office with the | 11 | | law enforcement agency's full written report of the | 12 | | investigation of the crime for which an application for | 13 | | compensation has been filed. If the law enforcement agency | 14 | | does not provide the Attorney General's office with the law | 15 | | enforcement agency's full written report of the investigation | 16 | | of the crime for which an application for compensation has | 17 | | been filed within 15 days of receipt of the written request, | 18 | | the victim or applicant may obtain and provide a law | 19 | | enforcement report to the Attorney General and the Attorney | 20 | | General shall proceed with the review of the application. The | 21 | | law enforcement agency may redact the following from the | 22 | | report: names of confidential sources and informants; | 23 | | locations from which law enforcement conduct surveillance; and | 24 | | information related to issues of national security the law | 25 | | enforcement agency provided to or received from the United |
| | | HB3596 | - 20 - | LRB103 27123 LNS 53491 b |
|
| 1 | | States Department of Homeland Security or another federal law | 2 | | enforcement agency. The Attorney General's office and a law | 3 | | enforcement agency may agree to the redaction of other | 4 | | information in the report or to the provision of necessary | 5 | | information in another format. Within 15 days of receipt of | 6 | | the request, a law enforcement agency shall respond to a | 7 | | written request from the Attorney General's office for | 8 | | additional information necessary to assist the Attorney | 9 | | General's office in making a recommendation for compensation. | 10 | | Records that are obtained by the Attorney General's office | 11 | | from a law enforcement agency under this Section for purposes | 12 | | of investigating an application for crime victim compensation | 13 | | shall not be disclosed to the public, including the applicant, | 14 | | by the Attorney General's office. The records, while in the | 15 | | possession of the Attorney General's office, shall be exempt | 16 | | from disclosure by the Attorney General's office under the | 17 | | Freedom 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 | 21 | | compensation
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 |
| | | HB3596 | - 21 - | LRB103 27123 LNS 53491 b |
|
| 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 |
| | | HB3596 | - 22 - | LRB103 27123 LNS 53491 b |
|
| 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 |
| | | HB3596 | - 23 - | LRB103 27123 LNS 53491 b |
|
| 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 | 12 | | the 101st General Assembly apply to actions commenced or | 13 | | pending 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 | 17 | | compensation to which
an applicant and other persons are | 18 | | entitled 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 | 8 | | application, that the claim
is one for which compensation is | 9 | | probable, and undue hardship will result to
the applicant if | 10 | | immediate payment is not made, the Attorney General may
| 11 | | recommend and the Court may make an emergency award of | 12 | | compensation to the
applicant, pending a final decision in the | 13 | | case. Emergency awards may be issued to the applicant for the | 14 | | purpose of paying funeral and burial expenses directly to a | 15 | | funeral home and for relocation expenses incurred by an | 16 | | applicant. The
amount of emergency
compensation shall be | 17 | | deducted from any final award made as a result of the
claim.
| 18 | | The full amount of the emergency award if no final award is | 19 | | made shall be
repaid by the applicant to the State of Illinois. | 20 | | The Attorney General must create a process with forms and | 21 | | applications for applying for emergency awards, create a | 22 | | process for determining emergency awards within 48 hours of | 23 | | the filing of the application, and publicize this process on | 24 | | the Attorney General's website.
| 25 | | (b) Emergency award applicants must satisfy all |
| | | HB3596 | - 29 - | LRB103 27123 LNS 53491 b |
|
| 1 | | requirements 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 | 4 | | changes in a statute that is represented in this Act by text | 5 | | that is not yet or no longer in effect (for example, a Section | 6 | | represented by multiple versions), the use of that text does | 7 | | not accelerate or delay the taking effect of (i) the changes | 8 | | made by this Act or (ii) provisions derived from any other | 9 | | Public 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 45/4.1 | from Ch. 70, par. 74.1 | | 6 | | 740 ILCS 45/4.2 | | | 7 | | 740 ILCS 45/6.1 | from Ch. 70, par. 76.1 | | 8 | | 740 ILCS 45/10.1 | from Ch. 70, par. 80.1 | | 9 | | 740 ILCS 45/10.2 | |
| |
|