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92nd General Assembly

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Public Act 92-0286

HB1814 Enrolled                                LRB9203512OBpr

    AN ACT concerning crime victims.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Court  of  Claims  Act  is  amended  by
changing Section 16 as follows:

    (705 ILCS 505/16) (from Ch. 37, par. 439.16)
    Sec. 16.  Concurrence of judges.  Concurrence of 4 judges
is  necessary to the decision of any case; provided, however,
the court  in  its  discretion  may  assign  any  case  to  a
commissioner  for  hearing  and  final  decision,  subject to
whatever right of review the court  by  rule  may  choose  to
exercise.   In matters involving the award of emergency funds
under the Crime Victims Compensation Act, the decision of one
judge is necessary to award emergency funds.
(Source: P.A. 84-1240.)

    Section 10.  The Violent Crime Victims Assistance Act  is
amended by changing Sections 4 and 5 as follows:

    (725 ILCS 240/4) (from Ch. 70, par. 504)
    Sec. 4.  Advisory Commission created.  There is created a
Violent  Crimes  Advisory  Commission, hereinafter called the
Advisory  Commission,  consisting  of  18  16  members:   the
Attorney  General,  or his or her designee who shall serve as
Chairperson; the Illinois Secretary of State or  his  or  her
designee;  the Chief Justice of the Court of Claims or his or
her designee; the Director of Children and Family Services; 2
members of the House of Representatives, 1 to be appointed by
the Speaker of the  House  and  1  to  be  appointed  by  the
Minority  Leader  of the House; 2 members of the Senate, 1 to
be appointed by the President of  the  Senate  and  1  to  be
appointed  by  the  Minority  Leader  of  the Senate; and the
following to be appointed by the Attorney General:  1  police
officer;  1  State's  Attorney  from  a county in Illinois; 1
health  services  professional  possessing   experience   and
expertise  in  dealing with the victims of violent crime; one
person who is employed as an administrator  at  a  public  or
private  institution  of  higher education; one person who is
enrolled as a student at a public or private  institution  of
higher  education;  and  5 members of the public, one of whom
shall be  a  senior  citizen  age  60  or  over,   possessing
experience  and  expertise in dealing with victims of violent
crime, including experience  with  victims  of  domestic  and
sexual  violence.   The  members  of  the Advisory Commission
shall be appointed biennially for terms expiring on July 1 of
each succeeding odd-numbered year and shall serve until their
respective successors are appointed or until  termination  of
their  legislative  service,  whichever  first  occurs.   The
members  of  the Commission shall receive no compensation for
their services but shall be reimbursed for necessary expenses
incurred in  the  performance  of  their  duties.   Vacancies
occurring  because of death or resignation shall be filled by
the appointing authority for the group in which  the  vacancy
occurs.
    Nine  Eight  members  of  the  Advisory  Commission shall
constitute a quorum for the transaction of business, and  the
concurrence  of  at  least  9 8 members shall be necessary to
render a determination, decision  or  recommendation  by  the
Advisory Committee.  In addition to the Attorney General, who
shall  serve  as  Chairperson,  the  Advisory  Commission may
select such other officers as it deems necessary.
(Source: P.A. 90-762, eff. 8-14-98.)

    (725 ILCS 240/5) (from Ch. 70, par. 505)
    Sec. 5.  Advisory Commission - General responsibilities.
    (a)  The Advisory Commission  shall  have  the  following
responsibilities:
    (1)  To   study  the  operation  of  all  Illinois  laws,
practices, agencies and organizations which affect victims of
crime  including  but  not  limited  to  the  Crime   Victims
Compensation Act;
    (2)  To  promote  and conduct studies, research, analysis
and investigation of matters affecting the interests of crime
victims;
    (3)  To recommend  legislation  to  develop  and  improve
policies  which  promote  the  recognition  of the legitimate
rights, needs and interests of crime victims;
    (4)  To serve as a clearinghouse for  public  information
relating to crime victims' problems and programs;
    (5)  To  coordinate,  monitor and evaluate the activities
of programs operating under this Act;
    (6)  To make any necessary outreach efforts to  encourage
the  development  and  maintenance of services throughout the
State,  with   special   attention   to   the   regions   and
neighborhoods  with  the  greatest need for victim assistance
services;
    (7)  To perform other activities, in cooperation with the
Attorney General, which  the  Advisory  Commission  considers
useful to the furtherance of the stated legislative intent;
    (8)  To make an annual report to the General Assembly.
    (b)  The  Advisory  Committee may also perform any of the
functions enumerated in  subparagraph  (a)  of  this  section
relative to witnesses to crime.
(Source: P.A. 83-908.)

    Section  15.  The  Criminal  Code  of  1961 is amended by
adding Section 17-5.5 as follows:

    (720 ILCS 5/17-5.5 new)
    Sec. 17-5.5.  Unlawful  attempt  to  collect  compensated
debt against a crime victim.
    (a)  As  used  in  this  Section,  "crime victim" means a
victim of a violent crime or  applicant  as  defined  in  the
Crime Victims Compensation Act.
    "Compensated  debt" means a debt incurred by or on behalf
of a crime victim and approved for payment by  the  Court  of
Claims under the Crime Victims Compensation Act.
    (b)  A person or a vendor commits the offense of unlawful
attempt  to collect a compensated debt against a crime victim
when, with intent to collect funds for a debt incurred by  or
on behalf of a crime victim, which debt has been approved for
payment  by  the  Court  of  Claims  under  the Crime Victims
Compensation Act, but the funds  are  involuntarily  withheld
from  the person or vendor by the Comptroller by virtue of an
outstanding obligation owed by the person or  vendor  to  the
State  under  the Uncollected State Claims Act, the person or
vendor:
         (1)  communicates with, harasses, or intimidates the
    crime victim for payment;
         (2)  contacts or distributes information  to  affect
    the  compensated crime victim's credit rating as a result
    of the compensated debt; or
         (3)  takes any other action  adverse  to  the  crime
    victim or his or her family on account of the compensated
    debt.
    (c)  Unlawful  attempt  to  collect  a  compensated  debt
against a crime victim is a Class A misdemeanor.
    (d)  Nothing  in this Act prevents the attempt to collect
an uncompensated  debt  or  an  uncompensated  portion  of  a
compensated  debt  incurred by or on behalf of a crime victim
and not covered under the Crime Victims Compensation Act.

    Section  20.  The  Crime  Victims  Compensation  Act   is
amended  by  changing  Sections  6.1,  17, and 18, and adding
Section 10.2 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  one  year of the occurrence of the
crime 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 one year after he attains  the  age
of 18 years or the disability is removed, as the case may be.
Upon  good  cause  shown,  the Court of Claims may extend the
time for filing the application for a  period  not  exceeding
one  year.  The Court of Claims may by general orders provide
for the extensions of time to file applications.
    (b)  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.
    (c)  The   applicant   has   cooperated  fully  with  law
enforcement officials in the apprehension and prosecution  of
the assailant.
    (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. 86-1009; 86-1221.)

    (740 ILCS 45/10.2 new)
    Sec. 10.2.  Emergency awards.
    (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
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.  The amount of emergency compensation  for
funeral and burial expenses may not exceed $1,000. The amount
of  emergency  compensation  shall be deducted from any final
award made as a result of the claim.  The full amount of  the
emergency  award if no final award is made shall be repaid by
the applicant to the State of Illinois.
    (b)  Emergency  award   applicants   must   satisfy   all
requirements under Section 6.1 of this Act.

    (740 ILCS 45/17) (from Ch. 70, par. 87)
    Sec. 17.  (a) Subrogation.  The Court of Claims may award
compensation on the condition that the applicant subrogate to
the State his rights to collect damages from the assailant or
any  third  party  who  may  be  liable  in  damages  to  the
applicant.   In  such  a  case  the  Attorney General may, on
behalf of the State, bring an action against an assailant  or
third  party  for  money  damages,  but must first notify the
applicant and give him an opportunity to participate  in  the
prosecution   of  the  action.   The  excess  of  the  amount
recovered in such action over the amount of the  compensation
offered  and accepted or awarded under this Act plus costs of
the action and attorneys' fees  actually  incurred  shall  be
paid to the applicant.
    (b)  Nothing  in  this  Act  affects  the  right  of  the
applicant  to  seek  civil damages from the assailant and any
other party, but that applicant must give written  notice  to
the  Attorney  General of the making of a claim or the filing
of an action for such damages. Failure to notify the Attorney
General of such claims and  actions  at  the  time  they  are
instituted  or  at  the  time  an  application  is filed is a
willful omission of fact and the applicant  thereby   becomes
subject to the provisions of Section 20 of this Act.
    (c)  The   State   has   a   charge  for  the  amount  of
compensation paid under this Act upon all claims or causes of
action against an assailant and any other  party  to  recover
for  the  injuries  or death of a victim which were the basis
for that payment of compensation.  At the  time  compensation
is  ordered  to  be  paid under this Act, the Court of Claims
shall give written notice of this charge  to  the  applicant.
The charge attaches to any verdict or judgment entered and to
any  money  or  property which is recovered on account of the
claim or cause of action against the assailant or  any  other
party  after  the  notice is given.  On petition filed by the
Attorney General on behalf of the State or by the  applicant,
the  circuit  court,  on  written  notice  to  all interested
parties, shall  adjudicate  the  right  of  the  parties  and
enforce  the  charge.   This  subsection  does not affect the
priority of a lien under "AN ACT creating attorney's lien and
for enforcement of same", filed June 16, 1909, as amended.
    (d)  Where compensation is awarded under this Act and the
person receiving same also receives any sum required  to  be,
and  that  has not been deducted under Section 10.1, he shall
refund to the State the amount of compensation  paid  to  him
which  would  have  been  deducted  at the time the award was
made.
    (e)  An amount not to exceed 25% of all  money  recovered
under  subsections (b) or (c) of this Section shall be placed
in the Violent Crime Victims Assistance Fund to  assist  with
costs  related to recovery efforts.  "Recovery efforts" means
those activities that are directly attributable to  obtaining
restitution, civil suit recoveries, and other reimbursements.
(Source: P.A. 84-545.)

    (740 ILCS 45/18) (from Ch. 70, par. 88)
    Sec. 18.  Claims against awards.
    (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.
    (b)  An  assignment  or  agreement  to  assign a right to
compensation   for   loss   accruing   in   the   future   is
unenforceable, except:
         (1)  an assignment of a right  to  compensation  for
    work  loss  to  secure  payment  of  maintenance or child
    support; or
         (2)  an assignment of a right to compensation to the
    extent  of   the   cost   of   products,   services,   or
    accommodations  necessitated  by  the  injury or death on
    which the claim is  based  and  are  provided  or  to  be
    provided by the assignee.
    (c)  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 person to the extent that such
other    person    has   provided   products,   services   or
accommodations, the costs of which are included in the award.
The provisions of this amendatory Act of 1994  apply  to  all
pending  claims  in  existence  on the effective date of this
amendatory Act of 1994.
    (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
prohibited from pursuing payment from the applicant or victim
for  any  portion  that  is  offset.   The  Comptroller shall
provide notice as provided in  Section  10.05  of  the  State
Comptroller Act.
(Source: P.A. 88-601, eff. 1-1-95.)
    Passed in the General Assembly May 15, 2001.
    Approved August 09, 2001.

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