Full Text of HB5859 94th General Assembly
HB5859 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5859
Introduced 11/16/2006, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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725 ILCS 145/2.3 |
from Ch. 70, par. 402.3 |
725 ILCS 145/2.4 new |
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725 ILCS 145/3 |
from Ch. 70, par. 403 |
735 ILCS 5/2-2001 |
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735 ILCS 5/4-101 |
from Ch. 110, par. 4-101 |
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Amends the Criminal Victims' Asset Discovery Act. Provides that the Act applies to persons convicted of violent crimes (rather than first degree murder, a Class
X felony, or aggravated kidnapping). Amends the Code of Civil Procedure to make conforming changes. Provides that a victim of a violent crime (rather than first degree murder, a Class
X felony, or aggravated kidnapping) shall have a cause of action
against a defendant who has been convicted of a violent crime, or found not guilty by
reason of insanity or guilty but mentally ill of a violent crime, to recover damages
suffered by the victim of the violent crime.
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A BILL FOR
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HB5859 |
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LRB094 21968 RLC 60466 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Victims' Asset Discovery Act is | 5 |
| amended by changing Sections 2.3 and 3 and by adding Section | 6 |
| 2.4 as follows:
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| (725 ILCS 145/2.3) (from Ch. 70, par. 402.3)
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| Sec. 2.3. "Victim" means a person killed or physically | 9 |
| injured in this
State as a result of a violent crime | 10 |
| perpetrated or attempted against that person.
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| (Source: P.A. 81-906.)
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| (725 ILCS 145/2.4 new)
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| Sec. 2.4. Violent crime. "Violent crime" has the meaning | 14 |
| ascribed to it in Section 3 of the Rights of Crime Victims and | 15 |
| Witnesses Act.
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| (725 ILCS 145/3) (from Ch. 70, par. 403)
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| Sec. 3. Deposition; assets of criminal.
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| (a) Any person who has been convicted
of a violent crime
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| first degree murder, a Class X felony, or aggravated kidnapping | 20 |
| in this
State , or who has been found not guilty by reason of
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| insanity or guilty but mentally ill of a violent crime
first | 22 |
| degree murder, a Class X felony,
or aggravated kidnapping,
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| involving a victim as
described in Section 2.3, or any other | 24 |
| person who has reasonable grounds
to know of any assets of the | 25 |
| person convicted of a violent crime
first degree murder, a | 26 |
| Class
X felony, or aggravated kidnapping , or who has been
found | 27 |
| not guilty by reason of insanity or guilty but mentally ill of | 28 |
| a violent crime
first
degree murder, a Class X felony, or | 29 |
| aggravated kidnapping, may be deposed by
the victim or the | 30 |
| victim's legal representative concerning those assets.
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HB5859 |
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LRB094 21968 RLC 60466 b |
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| (b) Upon written request of the victim, the Department of | 2 |
| Corrections
shall notify the victim of any assets of the person
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| convicted of a violent crime
first degree murder, a Class X | 4 |
| felony, or aggravated
kidnapping , or found not guilty by reason | 5 |
| of
insanity or guilty but mentally ill of a violent crime
first | 6 |
| degree murder, a Class X felony,
or aggravated kidnapping , | 7 |
| known by the Department.
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| (c) The victim may seek attachment against the property of | 9 |
| the
person convicted of first degree murder, a violent crime
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| Class X felony, or aggravated
kidnapping , or
found not
guilty | 11 |
| by reason of insanity or
guilty but mentally ill of a violent | 12 |
| crime
first degree murder, a Class X felony, or
aggravated | 13 |
| kidnapping, against him
or her.
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| (Source: P.A. 87-1157; 88-378 .)
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| Section 10. The Code of Civil Procedure is amended by | 16 |
| changing Sections 2-2001 and 4-101 as follows:
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| (735 ILCS 5/2-2001)
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| Sec. 2-2001. Crime victims. A victim of a violent crime as | 19 |
| defined in Section 2.3
of the Criminal Victims' Asset Discovery | 20 |
| Act shall have a cause of action
against a defendant who has | 21 |
| been convicted of a violent crime, or found not guilty by
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| reason of insanity or guilty but mentally ill of a violent
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| crime, to recover damages
suffered by the victim of the violent
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| crime.
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| The Civil
Practice Law shall apply in the proceedings, and | 26 |
| the case shall be tried as in
other civil cases. If the victim | 27 |
| is deceased, the next of kin may maintain the
action.
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| (Source: P.A. 88-378.)
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| (735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
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| Sec. 4-101. Cause. In any court having competent | 31 |
| jurisdiction, a creditor
having a money claim, whether | 32 |
| liquidated or unliquidated, and whether sounding
in contract or | 33 |
| tort, or based upon a statutory cause of action created by law
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HB5859 |
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LRB094 21968 RLC 60466 b |
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| in favor of the People of the State of Illinois, or any agency | 2 |
| of the State,
may have an attachment against the property of | 3 |
| his or her debtor, or that of
any one or more of several | 4 |
| debtors, either at the time of commencement of the
action or | 5 |
| thereafter, when the claim exceeds $20,
in any one of the | 6 |
| following cases:
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| 1. Where the debtor is not a resident of this State.
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| 2. When the debtor conceals himself or herself or | 9 |
| stands in defiance of an
officer, so that process cannot be | 10 |
| served upon him or her.
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| 3. Where the debtor has departed from this State with | 12 |
| the
intention of having his or her effects removed from | 13 |
| this State.
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| 4. Where the debtor is about to depart from this State | 15 |
| with the
intention of having his or her effects removed | 16 |
| from this State.
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| 5. Where the debtor is about to remove his or her | 18 |
| property from this
State to the injury of such creditor.
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| 6. Where the debtor has within 2 years preceding the | 20 |
| filing of
the affidavit required, fraudulently conveyed or | 21 |
| assigned his or her effects,
or a part thereof, so as to | 22 |
| hinder or delay his or her creditors.
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| 7. Where the debtor has, within 2 years prior to the | 24 |
| filing of
such affidavit, fraudulently concealed or | 25 |
| disposed of his or her property so as
to hinder or delay | 26 |
| his or her creditors.
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| 8. Where the debtor is about fraudulently to conceal, | 28 |
| assign, or
otherwise dispose of his or her property or | 29 |
| effects, so as to hinder or delay
his or her creditors.
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| 9. Where the debt sued for was fraudulently contracted | 31 |
| on the
part of the debtor. The statements of the debtor, | 32 |
| his or her agent or
attorney, which constitute the fraud, | 33 |
| shall have been reduced to
writing, and his or her | 34 |
| signature attached thereto, by himself or herself,
agent or | 35 |
| attorney.
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| 10. When the debtor is a person convicted of a violent |
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HB5859 |
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LRB094 21968 RLC 60466 b |
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| crime
first degree murder, a
Class X felony, or aggravated | 2 |
| kidnapping , or found not
guilty by reason of insanity or | 3 |
| guilty but mentally ill of a violent crime
first degree
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| murder, a Class X felony, or aggravated kidnapping , against
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| the creditor and that crime makes the creditor a "victim" | 6 |
| under the
Criminal Victims' Asset Discovery Act.
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| 11. When the debtor is referred by the Department of | 8 |
| Corrections to the
Attorney
General under Section 3-7-6 of | 9 |
| the Unified Code of Corrections to recover the
expenses | 10 |
| incurred as a result of that debtor's cost of | 11 |
| incarceration.
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| (Source: P.A. 93-508, eff. 1-1-04.)
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