Illinois General Assembly - Full Text of SB1866
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Full Text of SB1866  99th General Assembly




SB1866 EnrolledLRB099 09072 HEP 29261 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 by
5adding Section 18.5 as follows:
6    (740 ILCS 45/18.5 new)
7    Sec. 18.5. Restrictions on collection of debts incurred by
8crime victims.
9    (a) Within 10 business days after the filing of a claim,
10the Office of the Attorney General shall issue an applicant a
11written notice of the crime victim compensation claim and
12inform the applicant that the applicant may provide a copy of
13the written notice to vendors to have debt collection
14activities cease while the claim is pending.
15    (b) An applicant may provide a copy of the written notice
16to a vendor waiting for payment of a related debt. A vendor
17that receives notice of the filing of a claim under this Act
18with the Court of Claims must cease all debt collection
19activities against the applicant for a related debt. A vendor
20that assists an applicant to complete or submit an application
21for compensation or a vendor that submits a bill to the Office
22of the Attorney General has constructive notice of the filing
23of the claim and must not engage in debt collection activities



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1against the applicant for a related debt. If the Court of
2Claims awards compensation for the related debt, a vendor shall
3not engage in debt collection activities while payment is
4pending. If the Court of Claims denies compensation for a
5vendor's bill for the related debt or a portion thereof, the
6vendor may not engage in debt collection activities until 45
7days after the date of an order of the Court of Claims denying
8compensation in whole or in part.
9    (c) A vendor that has notice of a compensation claim may:
10        (1) submit a written request to the Court of Claims for
11    notification of the Court's decision involving a related
12    debt. The Court of Claims shall provide notification of
13    payment or denial of payment within 30 days of its
14    decision;
15        (2) submit a bill for a related debt to the Office of
16    the Attorney General; and
17        (3) contact the Office of the Attorney General to
18    inquire about the status of the claim.
19    (d) The statute of limitations for collection of a related
20debt is tolled upon the filing of the claim with the Court of
21Claims and all civil actions in court against the applicant for
22a related debt shall be stayed until 45 days after the Court of
23Claims enters an order denying compensation for the related
24debt or portion thereof.
25    (e) As used in this Section:
26        (1) "Crime victim" means a victim of a violent crime or



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1    an applicant as defined in this Act.
2        (2) "Debt collection activities" means:
3            (A) communicating with, harassing, or intimidating
4        the crime victim for payment, including, but not
5        limited to, repeatedly calling or writing to the crime
6        victim and threatening to refer the related debt to a
7        debt collection agency or to an attorney for
8        collection, enforcement, or the filing of other
9        process;
10            (B) contacting a credit ratings agency or
11        distributing information to affect the crime victim's
12        credit rating as a result of the related debt;
13            (C) referring a bill, or portion thereof, to a
14        collection agency or attorney for collection action
15        against the crime victim; or
16            (D) taking any other action adverse to the crime
17        victim or his or her family on account of the related
18        debt.
19        "Debt collection activities" does not include billing
20    insurance or other government programs, routine inquiries
21    about coverage by private insurance or government
22    programs, or routine billing that indicates that the amount
23    is not due pending resolution of the crime victim
24    compensation claim.
25        (3) "Related debt" means a debt or expense for
26    hospital, medical, dental, or counseling services incurred



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1    by or on behalf of a crime victim as a direct result of the
2    crime.
3        (4) "Vendor" includes persons, providers of service,
4    vendors' agents, debt collection agencies, and attorneys
5    hired by a vendor.