Illinois General Assembly - Full Text of Public Act 095-0250
Illinois General Assembly

Previous General Assemblies

Public Act 095-0250


 

Public Act 0250 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0250
 
SB0031 Enrolled LRB095 04779 AJO 24838 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Crime Victims Compensation Act is amended by
changing Section 6.1 as follows:
 
    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
    Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
        (a) Within 2 years of the occurrence of the crime, or
    within one year after a criminal indictment of a person for
    an offense, upon which the claim is based, he files an
    application, under oath, with the Court of Claims and on a
    form prescribed in accordance with Section 7.1 furnished by
    the Attorney General. If the person entitled to
    compensation is under 18 years of age or under other legal
    disability at the time of the occurrence or becomes legally
    disabled as a result of the occurrence, he may file the
    application required by this subsection within 2 years
    after he attains the age of 18 years or the disability is
    removed, as the case may be. Legal disability includes a
    diagnosis of posttraumatic stress disorder.
        (b) For all crimes of violence, except those listed in
    subsection (b-1) of this Section, the appropriate law
    enforcement officials were notified within 72 hours of the
    perpetration of the crime allegedly causing the death or
    injury to the victim or, in the event such notification was
    made more than 72 hours after the perpetration of the
    crime, the applicant establishes that such notice was
    timely under the circumstances.
        (b-1) For victims of offenses defined in Sections
    12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal
    Code of 1961, the appropriate law enforcement officials
    were notified within 7 days of the perpetration of the
    crime allegedly causing death or injury to the victim or,
    in the event that the notification was made more than 7
    days after the perpetration of the crime, the applicant
    establishes that the notice was timely under the
    circumstances. (b-2) If the applicant has obtained an order
    of protection or a civil no contact order or has presented
    himself or herself to a hospital for sexual assault
    evidence collection and medical care, such action shall
    constitute appropriate notification under this subsection
    (b-1) or subsection (b) or (b-1) of this Section.
        (c) The applicant has cooperated with law enforcement
    officials in the apprehension and prosecution of the
    assailant. (c-1) If the applicant has obtained an order of
    protection or a civil no contact order or has presented
    himself or herself to a hospital for sexual assault
    evidence collection and medical care, such action shall
    constitute cooperation under this subsection (c) of this
    Section.
        (d) The applicant is not the offender or an accomplice
    of the offender and the award would not unjustly benefit
    the offender or his accomplice.
        (e) The injury to or death of the victim was not
    substantially attributable to his own wrongful act and was
    not substantially provoked by the victim.
(Source: P.A. 94-192, eff. 1-1-06; revised 8-16-05.)

Effective Date: 1/1/2008