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| Public Act 102-0027 | ||||
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AN ACT concerning civil 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. If and only if House Bill 3653 of the 101st | ||||
General Assembly, as amended by Senate Amendment No. 2, | ||||
becomes law, then the Crime Victims Compensation Act is | ||||
amended by changing Sections 2, 4.1, 6.1, and 7.1 as follows:
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(740 ILCS 45/2) (from Ch. 70, par. 72)
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Sec. 2. Definitions. As used in this Act, unless the | ||||
context
otherwise requires:
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(a) "Applicant" means any person who applies for | ||||
compensation under this
Act or any person the Court of Claims | ||||
or the Attorney General finds is entitled to compensation,
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including the guardian of a minor or of a person under legal | ||||
disability. It
includes any person who was a dependent of a | ||||
deceased victim of a crime of
violence for his or her support | ||||
at the time of the death of that victim.
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The changes made to this subsection by this amendatory Act | ||||
of the 101st General Assembly apply to actions commenced or | ||||
pending on or after January 1, 2022 2021. | ||||
(b) "Court of Claims" means the Court of Claims created by | ||||
the Court
of Claims Act.
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(c) "Crime of violence" means and includes any offense | ||||
defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||
12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | ||
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | ||
12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | ||
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||
the Cemetery Protection Act, Section 125 of the Stalking No | ||
Contact Order Act, Section 219 of the Civil No Contact Order | ||
Act, driving under
the influence as defined in Section
11-501 | ||
of the Illinois Vehicle Code, a violation of Section 11-401 of | ||
the Illinois Vehicle Code, provided the victim was a | ||
pedestrian or was operating a vehicle moved solely by human | ||
power or a mobility device at the time of contact, and a | ||
violation of Section 11-204.1 of the Illinois Vehicle Code; so | ||
long as the offense did not occur
during a civil riot, | ||
insurrection or rebellion. "Crime of violence" does not
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include any other offense or accident involving a motor | ||
vehicle except those
vehicle offenses specifically provided | ||
for in this paragraph. "Crime of
violence" does include all of | ||
the offenses specifically provided for in this
paragraph that | ||
occur within this State but are subject to federal | ||
jurisdiction
and crimes involving terrorism as defined in 18 | ||
U.S.C. 2331.
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(d) "Victim" means (1) a person killed or injured in this | ||
State as a
result of a crime of violence perpetrated or | ||
attempted against him or her,
(2) the
spouse, parent, or child | ||
of a person killed or injured in this State as a result of a | ||
crime of
violence perpetrated or attempted against the person, | ||
or anyone living in the household of a person killed or injured | ||
in a relationship that is substantially similar to that of a | ||
parent, spouse, or child, (3) a person killed
or injured in | ||
this State while attempting to assist a person against whom a
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crime of violence is being perpetrated or attempted, if that | ||
attempt of
assistance would be expected of a reasonable person | ||
under the circumstances,
(4) a person killed or injured in | ||
this State while assisting a law
enforcement official | ||
apprehend a person who has perpetrated a crime of
violence or | ||
prevent the perpetration of any such crime if that
assistance | ||
was in response to the express request of the law enforcement
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official, (5) a person who personally
witnessed a violent | ||
crime, (5.05) a person who will be called as a witness by the | ||
prosecution to establish a necessary nexus between the | ||
offender and the violent crime, (5.1) solely
for the purpose | ||
of compensating for pecuniary loss incurred for
psychological | ||
treatment of a mental or emotional condition caused or | ||
aggravated
by the crime, any other person under the age of 18 | ||
who is the brother, sister,
half brother, or half sister
of a | ||
person killed or injured in
this State as a
result of a crime | ||
of violence, (6) an Illinois resident
who is a victim of a | ||
"crime of violence" as defined in this Act except, if
the crime | ||
occurred outside this State, the resident has the same rights
| ||
under this Act as if the crime had occurred in this State upon | ||
a showing
that the state, territory, country, or political | ||
subdivision of a country
in which the crime occurred does not | ||
have a compensation of victims of
crimes law for which that | ||
Illinois resident is eligible, (7) a deceased person whose | ||
body is dismembered or whose remains are desecrated as the | ||
result of a crime of violence, or (8) solely for the purpose of | ||
compensating for pecuniary loss incurred for psychological | ||
treatment of a mental or emotional condition caused or | ||
aggravated by the crime, any parent, spouse, or child under | ||
the age of 18 of a deceased person whose body is dismembered or | ||
whose remains are desecrated as the result of a crime of | ||
violence.
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(e) "Dependent" means a relative of a deceased victim who | ||
was wholly or
partially dependent upon the victim's income at | ||
the time of his or her
death
and shall include the child of a | ||
victim born after his or her death.
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(f) "Relative" means a spouse, parent, grandparent, | ||
stepfather, stepmother,
child, grandchild, brother, | ||
brother-in-law, sister, sister-in-law, half
brother, half | ||
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | ||
living in the household of a person killed or injured in a | ||
relationship that is substantially similar to that of a | ||
parent, spouse, or child.
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(g) "Child" means a son or daughter and includes a | ||
stepchild, an adopted child or a child born out of wedlock.
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(h) "Pecuniary loss" means, in the case of injury, | ||
appropriate medical
expenses and hospital expenses including | ||
expenses of medical
examinations, rehabilitation, medically | ||
required
nursing care expenses, appropriate
psychiatric care | ||
or psychiatric counseling expenses, appropriate expenses for | ||
care or
counseling by a licensed clinical psychologist, | ||
licensed clinical social
worker, licensed professional | ||
counselor, or licensed clinical professional counselor and | ||
expenses for treatment by Christian Science practitioners and
| ||
nursing care appropriate thereto; transportation expenses to | ||
and from medical and counseling treatment facilities; | ||
prosthetic appliances, eyeglasses, and
hearing aids necessary | ||
or damaged as a result of the
crime; costs associated with | ||
trafficking tattoo removal by a person authorized or licensed | ||
to perform the specific removal procedure; replacement costs | ||
for clothing and bedding used as evidence; costs
associated | ||
with temporary lodging or relocation necessary as a
result of | ||
the crime, including, but not limited to, the first month's | ||
rent and security deposit of the dwelling that the claimant | ||
relocated to and other reasonable relocation expenses incurred | ||
as a result of the violent crime;
locks or windows necessary or | ||
damaged as a result of the crime; the purchase,
lease, or | ||
rental of equipment necessary to create usability of and
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accessibility to the victim's real and personal property, or | ||
the real and
personal property which is used by the victim, | ||
necessary as a result of the
crime; the costs of appropriate | ||
crime scene clean-up;
replacement
services loss, to a maximum | ||
of $1,250 per month;
dependents replacement
services loss, to | ||
a maximum of $1,250 per month; loss of tuition paid to
attend | ||
grammar school or high school when the victim had been | ||
enrolled as a
student prior to the injury, or college or | ||
graduate school when
the victim had been enrolled as a day or | ||
night student prior to
the injury when the victim becomes | ||
unable to continue attendance at school
as a result of the | ||
crime of violence perpetrated against him or her; loss
of
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earnings, loss of future earnings because of disability | ||
resulting from the
injury, and, in addition, in the case of | ||
death, expenses for funeral, burial, and travel and transport | ||
for survivors
of homicide victims to secure bodies of deceased | ||
victims and to transport
bodies for burial all of which
may be | ||
awarded up to a maximum of $10,000 and loss of support of the | ||
dependents of
the victim; in the case of dismemberment or | ||
desecration of a body, expenses for funeral and burial, all of | ||
which may be awarded up to a maximum of $10,000.
Loss of future | ||
earnings shall be reduced by any income from substitute work
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actually performed by the victim or by income he or she would | ||
have earned
in
available appropriate substitute work he or she | ||
was capable of performing
but
unreasonably failed to | ||
undertake. Loss of earnings, loss of future
earnings and loss | ||
of support shall be determined on the basis of the
victim's | ||
average net monthly earnings for the 6 months immediately
| ||
preceding the date of the injury or on $2,400 per month, | ||
whichever is less or, in cases where the absences commenced | ||
more than 3 years from the date of the crime, on the basis of | ||
the net monthly earnings for the 6 months immediately | ||
preceding the date of the first absence, not to exceed $2,400 | ||
per month.
If a divorced or legally separated applicant is | ||
claiming loss of support
for a minor child of the deceased, the | ||
amount of support for each child
shall be based either on the | ||
amount of support
pursuant to the judgment prior to the date of | ||
the deceased
victim's injury or death, or, if the subject of | ||
pending litigation filed by
or on behalf of the divorced or | ||
legally separated applicant prior to the
injury or death, on | ||
the result of that litigation. Real and personal
property | ||
includes, but is not limited to, vehicles, houses, apartments,
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town houses, or condominiums. Pecuniary loss does not
include | ||
pain and suffering or property loss or damage.
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The changes made to this subsection by this amendatory Act | ||
of the 101st General Assembly apply to actions commenced or | ||
pending on or after January 1, 2022 2021. | ||
(i) "Replacement services loss" means expenses reasonably | ||
incurred in
obtaining ordinary and necessary services in lieu | ||
of those the
injured person would have performed, not for | ||
income, but for the benefit
of himself or herself or his or her | ||
family, if he or she had not
been injured.
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(j) "Dependents replacement services loss" means loss | ||
reasonably incurred
by dependents or private legal guardians | ||
of minor dependents after a victim's death in obtaining | ||
ordinary and necessary
services in lieu of those the victim | ||
would have performed, not for income,
but for their benefit, | ||
if he or she had not been fatally injured.
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(k) "Survivor" means immediate family including a parent, | ||
stepfather, stepmother, child,
brother, sister, or spouse.
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(l) "Parent" means a natural parent, adopted parent, | ||
stepparent, or permanent legal guardian of another person. | ||
(m) "Trafficking tattoo" is a tattoo which is applied to a | ||
victim in connection with the commission of a violation of | ||
Section 10-9 of the Criminal Code of 2012. | ||
(Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19; | ||
10100HB3653sam002.)
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(740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
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Sec. 4.1.
In addition to other powers and duties set forth | ||
in this Act
and other powers exercised by the Attorney | ||
General, the Attorney General
shall: | ||
(1) investigate all claims and prepare and present an | ||
investigatory report and a draft award determination to | ||
the Court of Claims for a review period of 28 business | ||
days; | ||
(2) upon conclusion of the review by the Court of | ||
Claims, provide the applicant with a compensation | ||
determination letter; | ||
(3) prescribe and furnish all applications and other | ||
forms required to be filed in the office
of the Attorney | ||
General by the terms of this Act; and | ||
(4) represent the interests
of the State of Illinois | ||
in any hearing before the Court of Claims.
| ||
The changes made to this Section by this amendatory Act of | ||
the 101st General Assembly apply to actions commenced or | ||
pending on or after January 1, 2022 2021. | ||
(Source: P.A. 97-817, eff. 1-1-13; 10100HB3653sam002.)
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(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
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Sec. 6.1. Right to compensation. A person is entitled to | ||
compensation
under this Act if:
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(a) Within 5 years of the occurrence of the crime, or | ||
within one year after a criminal charge of a person for an | ||
offense, upon
which the claim
is based, the applicant | ||
presents an application, under oath, to the Attorney | ||
General that is filed 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
is determined | ||
by a court to be under a legal disability as a result of | ||
the occurrence, he or she may present the
application | ||
required by this subsection within 3 years after
he or she | ||
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.
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(a-1) The Attorney General and the Court of Claims may | ||
accept an application presented after the period provided | ||
in subsection (a) if the Attorney General determines that | ||
the applicant had good cause for a delay. | ||
(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
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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.
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(b-1) For victims of offenses defined in Sections | ||
10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, | ||
12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, 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.
If the | ||
applicant or victim has obtained an order of protection, a | ||
civil no contact order, or a stalking no contact order, | ||
has presented himself or herself to a hospital for medical | ||
care or sexual assault evidence collection, or is engaged | ||
in a legal proceeding involving a claim that the applicant | ||
or victim is a victim of human trafficking, such action | ||
shall constitute appropriate notification under this | ||
subsection (b-1) or subsection (b) of this Section. | ||
(c) The applicant has cooperated with law enforcement
| ||
officials in the apprehension and prosecution of the | ||
assailant. If the applicant or victim has obtained an | ||
order of protection, a civil no contact order, or a | ||
stalking no contact order, has presented himself or | ||
herself to a hospital for medical care or sexual assault | ||
evidence collection, or is engaged in a legal proceeding | ||
involving a claim that the applicant or victim is a victim | ||
of human trafficking, such action shall constitute | ||
cooperation under this subsection (c). If the victim is | ||
under 18 years of age at the time of the commission of the | ||
offense, the following shall constitute cooperation under | ||
this subsection (c):
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(1) the applicant or the victim files a police | ||
report with a law enforcement agency; | ||
(2) a mandated reporter reports the crime to law | ||
enforcement; or | ||
(3) a person with firsthand knowledge of the crime | ||
reports the crime to law enforcement. | ||
(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.
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(e) (Blank).
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(f) For victims of offenses defined in Section 10-9 of | ||
the Criminal Code of 2012, the victim submits a statement | ||
under oath on a form prescribed by the Attorney General | ||
attesting that the removed tattoo was applied in | ||
connection with the commission of the offense. | ||
(g) In determining whether cooperation has been | ||
reasonable, the Attorney General and Court of Claims may | ||
consider the victim's age, physical condition, | ||
psychological state, cultural or linguistic barriers, and | ||
compelling health and safety concerns, including, but not | ||
limited to, a reasonable fear of retaliation or harm that | ||
would jeopardize the well-being of the victim or the | ||
victim's family, and giving due consideration to the | ||
degree of cooperation that the victim or derivative victim | ||
is capable of in light of the presence of any of these | ||
factors, or any other factor the Attorney General | ||
considers relevant. | ||
The changes made to this Section by this amendatory Act of | ||
the 101st General Assembly apply to actions commenced or | ||
pending on or after January 1, 2022 2021. | ||
(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18; | ||
100-1037, eff. 1-1-19; 10100HB3653sam002.)
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(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
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Sec. 7.1. (a) The application shall set out:
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(1) the name and address of the victim;
| ||
(2) if the victim is deceased, the name and address of | ||
the applicant
and his or her relationship to the victim, | ||
the names and addresses of other
persons dependent on the | ||
victim for their support and the extent to
which each is so | ||
dependent, and other persons who may be entitled to
| ||
compensation for a pecuniary loss;
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(3) the date and nature of the crime on which the | ||
application for
compensation is based;
| ||
(4) the date and place where and the law enforcement | ||
officials to
whom notification of the crime was given;
| ||
(5) the nature and extent of the injuries sustained by | ||
the victim,
and the names and addresses of those giving | ||
medical and hospitalization
treatment to the victim;
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(6) the pecuniary loss to the applicant and to such | ||
other persons as
are specified under item (2) resulting | ||
from the injury or death;
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(7) the amount of benefits, payments, or awards, if | ||
any, payable
under:
| ||
(a) the Workers' Compensation Act,
| ||
(b) the Dram Shop Act,
| ||
(c) any claim, demand, or cause of action based | ||
upon the
crime-related injury or death,
| ||
(d) the Federal Medicare program,
| ||
(e) the State Public Aid program,
| ||
(f) Social Security Administration burial | ||
benefits,
| ||
(g) Veterans administration burial benefits,
| ||
(h) life, health, accident or liability insurance,
| ||
(i) the Criminal Victims' Escrow Account Act,
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(j) the Sexual Assault Survivors Emergency | ||
Treatment Act, | ||
(k) restitution, or | ||
(l) any other source;
| ||
(8) releases authorizing the surrender to the Court of | ||
Claims or
Attorney General of reports, documents and other | ||
information relating to
the matters specified under this | ||
Act and rules promulgated in accordance
with the Act;
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(9) such other information as the Court of Claims or | ||
the Attorney
General reasonably requires.
| ||
(b) The Attorney General may require that materials | ||
substantiating
the facts stated in the application be | ||
submitted with that application.
| ||
(c) An applicant, on his or her own motion, may file an | ||
amended application
or additional substantiating materials to | ||
correct inadvertent errors or
omissions at any time before the | ||
original application has been disposed
of by the Court of | ||
Claims or the Attorney General. In either case, the filing of | ||
additional
information or of an amended application shall be | ||
considered for the
purpose of this Act to have been filed at | ||
the same time as the original
application.
| ||
For claims submitted on or after January 1, 2022 2021, an | ||
amended application or additional substantiating materials to | ||
correct inadvertent errors or omissions may be filed at any | ||
time before the original application is disposed of by the | ||
Attorney General or the Court of Claims. | ||
(d) Determinations submitted by the Attorney General to | ||
the Court of Claims shall be available to the Court of Claims | ||
for review. The Attorney General shall provide the sources and | ||
evidence relied upon as a basis for a compensation | ||
determination. | ||
(e) The changes made to this Section by this amendatory | ||
Act of the 101st General Assembly apply to actions commenced | ||
or pending on or after January 1, 2022 2021. | ||
(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13; | ||
10100HB3653sam002.)
| ||
Section 10. The Crime Victims Compensation Act is amended | ||
by changing Sections 8.1, 9.1, 10.1, 10.2, 12, 12.1, 13.1, 15, | ||
16, 18, 18.5, and 20 as follows:
| ||
(740 ILCS 45/8.1) (from Ch. 70, par. 78.1)
| ||
Sec. 8.1.
If an applicant does not submit all materials | ||
substantiating
his or her claim as requested of him or her by | ||
the Attorney General, the Attorney General
shall notify the | ||
applicant in writing of the specific additional items
of | ||
information or materials required and that he or she has 45 30 | ||
days in which to
furnish those items to the Attorney General. | ||
The Attorney General shall
report an applicant's failure to | ||
comply within 45 30 days of the foregoing
notice to the Court | ||
of Claims. No award of compensation shall be made for
any | ||
portion of the applicant's claim that is not substantiated by | ||
the applicant.
An applicant may request an extension of time | ||
from the Attorney General
prior to the expiration of the | ||
45-day 30 day period.
| ||
(Source: P.A. 81-1013.)
| ||
(740 ILCS 45/9.1) (from Ch. 70, par. 79.1)
| ||
Sec. 9.1.
In determining whether an applicant is entitled | ||
to compensation, the Attorney General and Court of Claims | ||
shall consider the facts stated in the application and other | ||
material and information. However, the Attorney General and | ||
Court of Claims need not consider whether the alleged | ||
assailant has been apprehended. In reviewing a determination | ||
by the Attorney General, the Court of Claims shall consider | ||
the facts stated in the application and
other material and | ||
information submitted and the report of the Attorney
General. | ||
However, the Court of Claims need not consider whether or not
| ||
the alleged assailant has been apprehended.
| ||
(Source: P.A. 81-1013.)
| ||
(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
| ||
Sec. 10.1. Amount of compensation. The amount of | ||
compensation to which
an applicant and other persons are | ||
entitled shall be based on the
following factors:
| ||
(a) A victim may be compensated for his or her pecuniary | ||
loss.
| ||
(b) A dependent may be compensated for loss of support.
| ||
(c) Any person, even though not dependent upon the victim | ||
for his or her
support, may be compensated for reasonable
| ||
expenses of the victim to the extent to which he or she has | ||
paid or become
obligated to pay such expenses and only after | ||
compensation for reasonable
funeral, medical and hospital | ||
expenses of the victim have been awarded may
compensation be | ||
made for reasonable expenses of the victim incurred for
| ||
psychological treatment of a mental or emotional condition | ||
caused or
aggravated by the crime.
| ||
(d) An award shall be reduced or denied according to the | ||
extent to which
the victim's injury or death was caused by | ||
provocation or incitement by the victim or the victim | ||
assisting, attempting, or committing a criminal act. A denial | ||
or reduction shall not automatically bar the survivors of | ||
homicide victims from receiving compensation for counseling, | ||
crime scene cleanup, relocation, funeral or burial costs, and | ||
loss of support if the survivor's actions have not initiated, | ||
provoked, or aggravated the suspect into initiating the | ||
qualifying crime. acts or conduct provoked or contributed to | ||
his or her injury
or death, or the extent to which any prior | ||
criminal conviction or conduct
of the victim may have directly | ||
or indirectly contributed to the injury or
death of the | ||
victim.
| ||
(e) An award shall be reduced by the amount of benefits, | ||
payments
or awards payable under those sources which are | ||
required to be listed
under item (7) of Section 7.1(a) and any | ||
other sources except annuities,
pension plans, Federal Social | ||
Security payments payable to dependents
of the victim and the | ||
net proceeds of the first $25,000 of life
insurance that would | ||
inure to the benefit of the applicant, which the
applicant or | ||
any other person dependent for the support of a deceased
| ||
victim, as the case may be, has received or to which he or she | ||
is entitled
as a result of injury to or death of the victim.
| ||
(f) A final award shall not exceed $10,000 for a crime | ||
committed prior to
September 22, 1979, $15,000 for a crime | ||
committed on or after September 22,
1979 and prior to January | ||
1, 1986, $25,000 for a crime committed on or after
January 1, | ||
1986 and prior to August 7, 1998, or $27,000 for a crime | ||
committed on or after August
7, 1998 and prior to August 7, | ||
2022, or $45,000 for a crime committed on or after August 7, | ||
2022. If the total
pecuniary loss is greater than the maximum | ||
amount allowed, the award shall be
divided in proportion to | ||
the amount of actual loss among those entitled to
| ||
compensation.
| ||
(g) Compensation under this Act is a secondary source of | ||
compensation
and the applicant must show that he or she has | ||
exhausted the benefits
reasonably available under the Criminal | ||
Victims' Escrow Account Act or any
governmental or medical or | ||
health insurance programs, including but not
limited to | ||
Workers' Compensation, the Federal Medicare program, the State
| ||
Public Aid program, Social Security Administration burial | ||
benefits,
Veterans Administration burial benefits, and life, | ||
health, accident or
liability insurance.
| ||
(Source: P.A. 97-817, eff. 1-1-13.)
| ||
(740 ILCS 45/10.2)
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Sec. 10.2. Emergency awards.
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(a) If it appears, prior to taking action on an | ||
application, that the claim
is one for which compensation is | ||
probable, and undue hardship will result to
the applicant if | ||
immediate payment is not made, the Attorney General may
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recommend and the Court may make an emergency award of | ||
compensation to the
applicant, pending a final decision in the | ||
case, provided the amount of
emergency compensation does not | ||
exceed $2,000. Emergency awards may be issued to the applicant | ||
for the purpose of paying funeral and burial expenses directly | ||
to a funeral home and for relocation expenses incurred by an | ||
applicant. The
amount of emergency
compensation shall be | ||
deducted from any final award made as a result of the
claim.
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The full amount of the emergency award if no final award is | ||
made shall be
repaid by the applicant to the State of Illinois.
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(b) Emergency award applicants must satisfy all | ||
requirements under Section
6.1 of this Act.
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(Source: P.A. 97-817, eff. 1-1-13.)
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(740 ILCS 45/12) (from Ch. 70, par. 82)
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Sec. 12.
No fee may be charged to the applicant in any | ||
proceeding under
this Act except as provided in this Act. If | ||
the applicant is represented
by counsel or some other duly | ||
authorized agent in making application under
this Act or in | ||
any further proceedings provided for in this Act, that counsel
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or agent may receive no payment for his or her services in | ||
preparing or presenting
the application before the Court of | ||
Claims or the Attorney General. He or she may, however, charge | ||
fees
to the applicant for representing him or her at a hearing | ||
provided for in this
Act but only in such an amount as the | ||
Court of Claims or the Attorney General determines to be | ||
reasonable.
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(Source: P.A. 78-359.)
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(740 ILCS 45/12.1) (from Ch. 70, par. 82.1)
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Sec. 12.1.
The Court of Claims may, after without a | ||
hearing, make an award to
a person who has filed an application | ||
or any other person it finds is entitled
to compensation, | ||
including the guardian or conservator of a minor or | ||
incompetent,
based upon the application, the other information | ||
and materials submitted
with the application, and the report | ||
of the Attorney General.
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(Source: P.A. 81-1013.)
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(740 ILCS 45/13.1) (from Ch. 70, par. 83.1)
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Sec. 13.1.
(a) A hearing before a Commissioner of the | ||
Court of Claims shall
be held for those claims in which:
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(1) the Court of Claims on its own motion sets a | ||
hearing;
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(2) the Attorney General petitions the Court of Claims | ||
for a hearing;
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(3) a claim has been disposed of without a hearing and | ||
an applicant
has been denied compensation or has been | ||
awarded compensation which he or she thinks
is inadequate | ||
and he or she petitions the Court of Claims for a hearing | ||
within
30 days of the date of issuance of the | ||
determination order sought to be reviewed. The
petition | ||
shall set forth the reasons for which review is sought and | ||
a recitation
of any additional evidence the applicant | ||
desires to present to the Court.
A copy of the petition | ||
shall be provided to the Attorney General. Documentation | ||
to be presented at a hearing of the Court of Claims must be | ||
submitted to the Attorney General at least 10 working days | ||
before the hearing date. Failure to do so may result in a | ||
continuance of the hearing.
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(b) At hearings held under this Act before Commissioners | ||
of the Court
of Claims, any statement, document, information | ||
or matter may be received
in evidence if in the opinion of the | ||
Court or its Commissioner such evidence
would contribute to | ||
reaching a decision on a determination of the claim, | ||
regardless of whether
such evidence would be admissible in a | ||
court of law.
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(c) Petition for rehearing. | ||
(1) The Court of Claims may order a rehearing of a | ||
matter decided after a hearing, if, in reaching its | ||
decision: | ||
(A) the court has overlooked, misapplied, or | ||
failed to consider a statute, decision, or directly | ||
controlling principle; | ||
(B) the court has overlooked or misconceived some | ||
material fact or proposition of law; or | ||
(C) the court has overlooked or misconceived a | ||
material question in the case. | ||
(2)
A rehearing may not be granted if it is sought | ||
merely for the purpose of obtaining a reargument on and | ||
reconsideration of matters which have already been fully | ||
considered by the court. | ||
(3) The petition shall specify which of the grounds in | ||
paragraph (1) of this subsection (c) exists and shall | ||
specifically designate that portion of the opinion, or the | ||
record, or that particular authority, which the petitioner | ||
wishes the court to consider. A copy of the petition shall | ||
be served on the opposing party. No petition for rehearing | ||
shall exceed 10 typewritten pages. No memoranda or briefs | ||
in support of a petition for rehearing, and no response to | ||
a petition for rehearing, shall be received unless | ||
requested by the court. | ||
(Source: P.A. 97-817, eff. 1-1-13.)
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(740 ILCS 45/15) (from Ch. 70, par. 85)
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Sec. 15.
At When disposition is made without a hearing or | ||
at the conclusion
of a hearing held under this Act, the Court | ||
of Claims shall enter an order
stating (1) its findings of | ||
fact, (2) its decision as to whether or not
compensation is due | ||
under this Act, (3) the amount of compensation, if any,
which | ||
is due under this Act, (4) whether disbursement of the | ||
compensation
awarded is to be made in a lump sum or in periodic | ||
payments, and (5) the
person or persons to whom the | ||
compensation should be paid.
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(Source: P.A. 81-1013.)
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(740 ILCS 45/16) (from Ch. 70, par. 86)
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Sec. 16.
The Court of Claims, on its own motion or upon the | ||
written request
of any applicant, may modify an award of | ||
compensation made under this Act
or reconsider a denial of | ||
compensation. No hearing need be held, however,
unless the | ||
written request states facts which were not known to the | ||
applicant or by the
exercise of reasonable diligence could not | ||
have been ascertained by him or her
at the time of the entry of | ||
the order or determination sought to be modified and which | ||
would
have directly affected the determination of whether or | ||
not compensation
should be awarded and, if so, the amount of | ||
that compensation.
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(Source: P.A. 81-1013.)
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(740 ILCS 45/18) (from Ch. 70, par. 88)
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Sec. 18. Claims against awards.
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(a) An award is not subject to
enforcement,
attachment, | ||
garnishment, or other process, except that an award is not | ||
exempt
from a claim of a creditor to the extent that he or she | ||
provided products,
services, or accommodations the costs of | ||
which are included in the award.
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(b) An assignment or agreement to assign a right to | ||
compensation for loss
accruing in the future is unenforceable, | ||
except:
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(1) an assignment of a right to compensation for work | ||
loss to secure
payment of maintenance or child support; or
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(2) an assignment of a right
to compensation to the | ||
extent of the cost of products, services, or
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accommodations
necessitated by the injury or death on | ||
which the claim is based and are
provided or to be provided | ||
by the assignee.
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(c) The Attorney General may determine or the court may | ||
order that all or a portion of an award be paid jointly
to the | ||
applicant and another person or solely and directly to another
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person to the extent that such other person
has provided | ||
products, services or accommodations, the costs of which are
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included in the award, or to another person to the extent that | ||
such other person paid or became obligated to pay expenses | ||
incurred by the victim or applicant.
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(d) If an award under subsection (c) of this Section is | ||
offset by the
Comptroller, pursuant to the Uncollected State | ||
Claims Act, the intended
individual or entity must credit the | ||
applicant's or
victim's account for the amount ordered by the | ||
Court of Claims, and the
intended individual or entity is
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prohibited from pursuing payment from the applicant or victim
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for any portion that is offset. The Comptroller shall provide | ||
notice as
provided in Section 10.05 of the State Comptroller | ||
Act.
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(Source: P.A. 97-817, eff. 1-1-13.)
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(740 ILCS 45/18.5) | ||
Sec. 18.5. Restrictions on collection of debts incurred by | ||
crime victims. | ||
(a) Within 10 business days after the filing of a claim, | ||
the Office of the Attorney General shall issue an applicant a | ||
written notice of the crime victim compensation claim and | ||
inform the applicant that the applicant may provide a copy of | ||
the written notice to vendors to have debt collection | ||
activities cease while the claim is pending. | ||
(b) An applicant may provide a copy of the written notice | ||
to a vendor waiting for payment of a related debt. A vendor | ||
that receives notice of the filing of a claim under this Act | ||
with the Court of Claims or Attorney General must cease all | ||
debt collection activities against the applicant for a related | ||
debt. A vendor that assists an applicant to complete or submit | ||
an application for compensation or a vendor that submits a | ||
bill to the Office of the Attorney General has constructive | ||
notice of the filing of the claim and must not engage in debt | ||
collection activities against the applicant for a related | ||
debt. If the Court of Claims or Attorney General awards | ||
compensation for the related debt, a vendor shall not engage | ||
in debt collection activities while payment is pending. If the | ||
Court of Claims denies compensation for a vendor's bill for | ||
the related debt or a portion thereof, the vendor may not | ||
engage in debt collection activities until 45 days after the | ||
date of notice from an order of the Court of Claims or the | ||
Attorney General denying compensation in whole or in part. | ||
(c) A vendor that has notice of a compensation claim may: | ||
(1) submit a written request to the Attorney General | ||
Court of Claims for notification of the Attorney General's | ||
Court's decision involving a related debt. The Attorney | ||
General Court of Claims shall provide notification of | ||
payment or denial of payment within 30 days of its | ||
decision; | ||
(2) submit a bill for a related debt to the Office of | ||
the Attorney General; and | ||
(3) contact the Office of the Attorney General to | ||
inquire about the status of the claim. | ||
(d) The statute of limitations for collection of a related | ||
debt is tolled upon the filing of the claim with the Court of | ||
Claims and all civil actions in court against the applicant | ||
for a related debt shall be stayed until 45 days after the | ||
Attorney General denies or the Court of Claims enters an order | ||
denying compensation for the related debt or portion thereof. | ||
(e) As used in this Section: | ||
(1) "Crime victim" means a victim of a violent crime | ||
or an applicant as defined in this Act. | ||
(2) "Debt collection activities" means: | ||
(A) communicating with, harassing, or intimidating | ||
the crime victim for payment, including, but not | ||
limited to, repeatedly calling or writing to the crime | ||
victim and threatening to refer the related debt to a | ||
debt collection agency or to an attorney for | ||
collection, enforcement, or the filing of other | ||
process; | ||
(B) contacting a credit ratings agency or | ||
distributing information to affect the crime victim's | ||
credit rating as a result of the related debt; | ||
(C) referring a bill, or portion thereof, to a | ||
collection agency or attorney for collection action | ||
against the crime victim; or | ||
(D) taking any other action adverse to the crime | ||
victim or his or her family on account of the related | ||
debt. | ||
"Debt collection activities" does not include billing | ||
insurance or other government programs, routine inquiries | ||
about coverage by private insurance or government | ||
programs, or routine billing that indicates that the | ||
amount is not due pending resolution of the crime victim | ||
compensation claim. | ||
(3) "Related debt" means a debt or expense for | ||
hospital, medical, dental, or counseling services incurred | ||
by or on behalf of a crime victim as a direct result of the | ||
crime. | ||
(4) "Vendor" includes persons, providers of service, | ||
vendors' agents, debt collection agencies, and attorneys | ||
hired by a vendor.
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(Source: P.A. 99-444, eff. 1-1-16.)
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(740 ILCS 45/20) (from Ch. 70, par. 90)
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Sec. 20.
(a) In addition to any other civil liability or | ||
criminal penalties
provided by law, a person who the Court of | ||
Claims or the Attorney General finds has willfully misstated
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or omitted facts relevant to the determination of whether | ||
compensation is due
under this Act or of the amount of that | ||
compensation, whether in making
application for compensation | ||
or in the further proceedings provided for
in this Act, shall | ||
be denied compensation under this Act.
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(b) A person who is convicted of having willfully | ||
misstated or omitted
facts relevant to the determination of | ||
whether compensation is due under
this Act or of the amount of | ||
that compensation, whether in making application
for | ||
compensation or in the further proceedings provided for in | ||
this Act,
shall be guilty of a Class A misdemeanor.
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(Source: P.A. 81-1013.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law, except for Section 10 which takes effect January | ||
1, 2022. | ||