Bill Amendment: IL SB0118 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DHS-GAMBLING DISORDERS
Status: 2026-06-29 - Sent to the Governor [SB0118 Detail]
Download: Illinois-2025-SB0118-House_Amendment_003.html
Bill Title: DHS-GAMBLING DISORDERS
Status: 2026-06-29 - Sent to the Governor [SB0118 Detail]
Download: Illinois-2025-SB0118-House_Amendment_003.html
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| 1 | AMENDMENT TO SENATE BILL 118 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 118 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Crime Victims Compensation Act is amended | ||||||
| 5 | by changing Sections 2, 4.1, 4.2, 6.1, 7.1, 8.1, and 10.2 as | ||||||
| 6 | follows: | ||||||
| 7 | (740 ILCS 45/2) | ||||||
| 8 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 9 | context otherwise requires: | ||||||
| 10 | (a) "Applicant" means any of the following claiming | ||||||
| 11 | compensation under this Act: | ||||||
| 12 | (1) A victim. | ||||||
| 13 | (2) If the victim was a guardian or primary caregiver | ||||||
| 14 | to an adult who is physically or mentally incapacitated, | ||||||
| 15 | that adult who is physically or mentally incapacitated. | ||||||
| 16 | (3) A guardian of a minor or of a person under legal | ||||||
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| 1 | disability. | ||||||
| 2 | (4) A person who, at the time the crime occurred, | ||||||
| 3 | resided in the same dwelling as the victim, solely for the | ||||||
| 4 | purpose of compensating for any of the following: | ||||||
| 5 | (A) Pecuniary loss incurred for psychological | ||||||
| 6 | treatment of a mental or emotional condition caused or | ||||||
| 7 | aggravated by the crime. | ||||||
| 8 | (B) Loss of earnings under paragraph (14.5) of | ||||||
| 9 | subsection (h) for time off from work necessary to | ||||||
| 10 | provide full time care for the injured victim. | ||||||
| 11 | (C) Relocation expenses. | ||||||
| 12 | (5) A person who assumes a legal obligation or | ||||||
| 13 | voluntarily pays for a victim's medical or funeral or | ||||||
| 14 | burial expenses. | ||||||
| 15 | (6) Any other person the Court of Claims or the | ||||||
| 16 | Attorney General finds is entitled to compensation. | ||||||
| 17 | The changes made to this subsection by Public Act 101-652 | ||||||
| 18 | apply to actions commenced or pending on or after January 1, | ||||||
| 19 | 2022. | ||||||
| 20 | (b) "Court of Claims" means the Court of Claims created by | ||||||
| 21 | the Court of Claims Act. | ||||||
| 22 | (c) "Crime of violence" means and includes any offense | ||||||
| 23 | defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
| 24 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| 25 | 11-11, 11-20.1, 11-23, 11-23.5, 12-1, 12-2, 12-3, 12-3.05, | ||||||
| 26 | 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-5, 12-7.1, 12-7.3, 12-7.4, | ||||||
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| 1 | 12-20.5, 20-1 or 20-1.1, or Section 12-3.05 except for | ||||||
| 2 | subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section | ||||||
| 3 | 11-14.4, of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 4 | 2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act, | ||||||
| 5 | Section 125 of the Stalking No Contact Order Act, Section 219 | ||||||
| 6 | of the Civil No Contact Order Act, driving under the influence | ||||||
| 7 | as defined in Section 11-501 of the Illinois Vehicle Code, a | ||||||
| 8 | violation of Section 11-401 of the Illinois Vehicle Code, | ||||||
| 9 | provided the victim was a pedestrian or was operating a | ||||||
| 10 | vehicle moved solely by human power or a mobility device at the | ||||||
| 11 | time of contact, and a violation of Section 11-204.1 of the | ||||||
| 12 | Illinois Vehicle Code; so long as the offense did not occur | ||||||
| 13 | during a civil riot, insurrection or rebellion. "Crime of | ||||||
| 14 | violence" does not include any other offense or crash | ||||||
| 15 | involving a motor vehicle except those vehicle offenses | ||||||
| 16 | specifically provided for in this paragraph. "Crime of | ||||||
| 17 | violence" does include all of the offenses specifically | ||||||
| 18 | provided for in this paragraph that occur within this State | ||||||
| 19 | but are subject to federal jurisdiction and crimes involving | ||||||
| 20 | terrorism as defined in 18 U.S.C. 2331. | ||||||
| 21 | (d) "Victim" means (1) a person killed or injured in this | ||||||
| 22 | State as a result of a crime of violence perpetrated or | ||||||
| 23 | attempted against him or her, (2) the spouse, parent, or child | ||||||
| 24 | of a person killed or injured in this State as a result of a | ||||||
| 25 | crime of violence perpetrated or attempted against the person, | ||||||
| 26 | or anyone living in the dwelling of a person killed or injured | ||||||
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| 1 | in a relationship that is substantially similar to that of a | ||||||
| 2 | parent, spouse, or child, (3) a person killed or injured in | ||||||
| 3 | this State while attempting to assist a person against whom a | ||||||
| 4 | crime of violence is being perpetrated or attempted, if that | ||||||
| 5 | attempt of assistance would be expected of a reasonable person | ||||||
| 6 | under the circumstances, (4) a person killed or injured in | ||||||
| 7 | this State while assisting a law enforcement official | ||||||
| 8 | apprehend a person who has perpetrated a crime of violence or | ||||||
| 9 | prevent the perpetration of any such crime if that assistance | ||||||
| 10 | was in response to the express request of the law enforcement | ||||||
| 11 | official, (5) a person who personally witnessed a violent | ||||||
| 12 | crime, (5.05) a person who will be called as a witness by the | ||||||
| 13 | prosecution to establish a necessary nexus between the | ||||||
| 14 | offender and the violent crime, (5.1) any person who is the | ||||||
| 15 | grandparent, grandchild, brother, sister, half brother, or | ||||||
| 16 | half sister of a person killed or injured in this State as a | ||||||
| 17 | result of a crime of violence, applying solely for the purpose | ||||||
| 18 | of compensating for pecuniary loss incurred for psychological | ||||||
| 19 | treatment of a mental or emotional condition caused or | ||||||
| 20 | aggravated by the crime, loss of earnings under paragraph | ||||||
| 21 | (14.5) of subsection (h) for time off from work necessary to | ||||||
| 22 | provide full time care for the injured victim, or relocation | ||||||
| 23 | if the crime occurred within the dwelling of the applicant, | ||||||
| 24 | (5.2) any person who was in a dating relationship with a person | ||||||
| 25 | killed in this State as a result of a crime of violence, solely | ||||||
| 26 | for the purpose of compensating for pecuniary loss incurred | ||||||
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| 1 | for psychological treatment of a mental or emotional condition | ||||||
| 2 | caused or aggravated by the crime, (6) an Illinois resident | ||||||
| 3 | who is a victim of a "crime of violence" as defined in this Act | ||||||
| 4 | except, if the crime occurred outside this State, the resident | ||||||
| 5 | has the same rights under this Act as if the crime had occurred | ||||||
| 6 | in this State upon a showing that the state, territory, | ||||||
| 7 | country, or political subdivision of a country in which the | ||||||
| 8 | crime occurred does not have a compensation of victims of | ||||||
| 9 | crimes law for which that Illinois resident is eligible, (7) | ||||||
| 10 | the parent, spouse, or child of a deceased person whose body is | ||||||
| 11 | dismembered or whose remains are desecrated as the result of a | ||||||
| 12 | crime of violence, (8) (blank), or (9) an individual who is | ||||||
| 13 | injured or killed in an incident in which a law enforcement | ||||||
| 14 | officer's use of force caused bodily harm or death to that | ||||||
| 15 | individual. | ||||||
| 16 | (e) "Dependent" means a relative of a deceased victim who | ||||||
| 17 | was wholly or partially dependent upon the victim's income at | ||||||
| 18 | the time of his or her death and shall include the child of a | ||||||
| 19 | victim born after his or her death. | ||||||
| 20 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
| 21 | stepfather, stepmother, child, grandchild, brother, | ||||||
| 22 | brother-in-law, sister, sister-in-law, half brother, half | ||||||
| 23 | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | ||||||
| 24 | living in the dwelling of a person killed or injured in a | ||||||
| 25 | relationship that is substantially similar to that of a | ||||||
| 26 | parent, spouse, or child. | ||||||
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| 1 | (g) "Child" means a son or daughter and includes a | ||||||
| 2 | stepchild, an adopted child or a child born out of wedlock. | ||||||
| 3 | (h) "Pecuniary loss" means: | ||||||
| 4 | (1) in the case of injury, appropriate medical | ||||||
| 5 | expenses and hospital expenses including expenses of | ||||||
| 6 | medical examinations, rehabilitation, medically required | ||||||
| 7 | nursing care expenses, appropriate psychiatric care or | ||||||
| 8 | psychiatric counseling expenses, appropriate expenses for | ||||||
| 9 | care or counseling by a licensed clinical psychologist, | ||||||
| 10 | licensed clinical social worker, licensed professional | ||||||
| 11 | counselor, or licensed clinical professional counselor and | ||||||
| 12 | expenses for treatment by Christian Science practitioners | ||||||
| 13 | and nursing care appropriate thereto; | ||||||
| 14 | (2) transportation expenses to and from medical and | ||||||
| 15 | counseling treatment facilities; | ||||||
| 16 | (3) prosthetic appliances, eyeglasses, and hearing | ||||||
| 17 | aids necessary or damaged as a result of the crime; | ||||||
| 18 | (4) expenses incurred for the towing and storage of a | ||||||
| 19 | victim's vehicle in connection with a crime of violence, | ||||||
| 20 | to a maximum of $1,000; | ||||||
| 21 | (5) costs associated with trafficking tattoo removal | ||||||
| 22 | by a person authorized or licensed to perform the specific | ||||||
| 23 | removal procedure; for victims of offenses defined in | ||||||
| 24 | Section 10-9 of the Criminal Code of 2012, the victim | ||||||
| 25 | shall submit a statement under oath on a form prescribed | ||||||
| 26 | by the Attorney General attesting that the removed tattoo | ||||||
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| 1 | was applied in connection with the commission of the | ||||||
| 2 | offense; | ||||||
| 3 | (6) replacement costs for clothing and bedding used as | ||||||
| 4 | evidence; | ||||||
| 5 | (7) costs associated with temporary lodging or | ||||||
| 6 | relocation necessary as a result of the crime, including, | ||||||
| 7 | but not limited to, the first 2 months' rent and security | ||||||
| 8 | deposit of the dwelling that the claimant relocated to and | ||||||
| 9 | other reasonable relocation expenses incurred as a result | ||||||
| 10 | of the violent crime; | ||||||
| 11 | (8) locks, doors, or windows necessary or damaged as a | ||||||
| 12 | result of the crime; | ||||||
| 13 | (9) the purchase, lease, or rental of equipment | ||||||
| 14 | necessary to create usability of and accessibility to the | ||||||
| 15 | victim's real and personal property, or the real and | ||||||
| 16 | personal property which is used by the victim, necessary | ||||||
| 17 | as a result of the crime; "real and personal property" | ||||||
| 18 | includes, but is not limited to, vehicles, houses, | ||||||
| 19 | apartments, townhouses, or condominiums; | ||||||
| 20 | (10) the costs of appropriate crime scene clean-up; | ||||||
| 21 | (11) replacement services loss, to a maximum of $1,250 | ||||||
| 22 | per month, with this amount to be divided in proportion to | ||||||
| 23 | the amount of the actual loss among those entitled to | ||||||
| 24 | compensation; | ||||||
| 25 | (12) dependents replacement services loss, to a | ||||||
| 26 | maximum of $1,250 per month, with this amount to be | ||||||
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| 1 | divided in proportion to the amount of the actual loss | ||||||
| 2 | among those entitled to compensation; | ||||||
| 3 | (13) loss of tuition paid to attend grammar school or | ||||||
| 4 | high school when the victim had been enrolled as a student | ||||||
| 5 | prior to the injury, or college or graduate school when | ||||||
| 6 | the victim had been enrolled as a day or night student | ||||||
| 7 | prior to the injury when the victim becomes unable to | ||||||
| 8 | continue attendance at school as a result of the crime of | ||||||
| 9 | violence perpetrated against him or her; | ||||||
| 10 | (14) loss of earnings, loss of future earnings because | ||||||
| 11 | of disability resulting from the injury. Loss of future | ||||||
| 12 | earnings shall be reduced by any income from substitute | ||||||
| 13 | work actually performed by the victim or by income the | ||||||
| 14 | victim would have earned in available appropriate | ||||||
| 15 | substitute work the victim was capable of performing but | ||||||
| 16 | unreasonably failed to undertake; loss of earnings and | ||||||
| 17 | loss of future earnings shall be determined on the basis | ||||||
| 18 | of the victim's average net monthly earnings for the 6 | ||||||
| 19 | months immediately preceding the date of the injury or on | ||||||
| 20 | $2,400 per month, whichever is less, or, in cases where | ||||||
| 21 | the absences commenced more than 3 years from the date of | ||||||
| 22 | the crime, on the basis of the net monthly earnings for the | ||||||
| 23 | 6 months immediately preceding the date of the first | ||||||
| 24 | absence, not to exceed $2,400 per month; | ||||||
| 25 | (14.5) loss of earnings for applicants or loss of | ||||||
| 26 | future earnings for applicants. The applicant must | ||||||
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| 1 | demonstrate that the loss of earnings is a direct result | ||||||
| 2 | of circumstances attributed to the crime including, but | ||||||
| 3 | not limited to, court appearances, funeral preparation and | ||||||
| 4 | bereavement, receipt of medical or psychological care; | ||||||
| 5 | loss of earnings and loss of future earnings shall be | ||||||
| 6 | determined on the basis of the applicant's average net | ||||||
| 7 | monthly earnings for the 6 months immediately preceding | ||||||
| 8 | the date of the injury or on $2,400 per month, whichever is | ||||||
| 9 | less, or, in cases where the absences commenced more than | ||||||
| 10 | 3 years from the date of the crime, on the basis of the net | ||||||
| 11 | monthly earnings for the 6 months immediately preceding | ||||||
| 12 | the date of the first absence, not to exceed $2,400 per | ||||||
| 13 | month; | ||||||
| 14 | (15) loss of support of the dependents of the victim. | ||||||
| 15 | Loss of support shall be determined on the basis of the | ||||||
| 16 | victim's average net monthly earnings for the 6 months | ||||||
| 17 | immediately preceding the date of the injury or on $2,400 | ||||||
| 18 | per month, whichever is less, or, in cases where the | ||||||
| 19 | absences commenced more than 3 years from the date of the | ||||||
| 20 | crime, on the basis of the net monthly earnings for the 6 | ||||||
| 21 | months immediately preceding the date of the first | ||||||
| 22 | absence, not to exceed $2,400 per month. If a divorced or | ||||||
| 23 | legally separated applicant is claiming loss of support | ||||||
| 24 | for a minor child of the deceased, the amount of support | ||||||
| 25 | for each child shall be based either on the amount of | ||||||
| 26 | support pursuant to the judgment prior to the date of the | ||||||
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| 1 | deceased victim's injury or death, or, if the subject of | ||||||
| 2 | pending litigation filed by or on behalf of the divorced | ||||||
| 3 | or legally separated applicant prior to the injury or | ||||||
| 4 | death, on the result of that litigation. Loss of support | ||||||
| 5 | for minors shall be divided in proportion to the amount of | ||||||
| 6 | the actual loss among those entitled to such compensation; | ||||||
| 7 | (16) in the case of death, expenses for reasonable | ||||||
| 8 | funeral, burial, headstone, cremation, and travel and | ||||||
| 9 | transport for survivors of homicide victims to secure | ||||||
| 10 | bodies of deceased victims and to transport bodies for | ||||||
| 11 | burial all of which may be awarded up to a maximum of | ||||||
| 12 | $10,000 for each victim. Other individuals that have paid | ||||||
| 13 | or become obligated to pay funeral, cremation, or burial | ||||||
| 14 | expenses, including a headstone, for the deceased shall | ||||||
| 15 | share a maximum award of $10,000, with the award divided | ||||||
| 16 | in proportion to the amount of the actual loss among those | ||||||
| 17 | entitled to compensation; | ||||||
| 18 | (17) in the case of dismemberment or desecration of a | ||||||
| 19 | body, expenses for reasonable funeral, burial, headstone, | ||||||
| 20 | and cremation, all of which may be awarded up to a maximum | ||||||
| 21 | of $10,000 for each victim. Other individuals that have | ||||||
| 22 | paid or become obligated to pay funeral, cremation, or | ||||||
| 23 | burial expenses, including a headstone, for the deceased | ||||||
| 24 | shall share a maximum award of $10,000, with the award | ||||||
| 25 | divided in proportion to the amount of the actual loss | ||||||
| 26 | among those entitled to compensation; and | ||||||
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| 1 | (18) (19) legal fees resulting from proceedings that | ||||||
| 2 | became necessary solely because of the crime, including, | ||||||
| 3 | but not limited to, establishing a legal guardian for the | ||||||
| 4 | minor victim or the minor child of a victim, or obtaining a | ||||||
| 5 | restraining order, no contact order, or order of | ||||||
| 6 | protection, awarded up to a maximum of $3,500. | ||||||
| 7 | "Pecuniary loss" does not include pain and suffering or | ||||||
| 8 | property loss or damage. | ||||||
| 9 | The changes made to this subsection by Public Act 101-652 | ||||||
| 10 | apply to actions commenced or pending on or after January 1, | ||||||
| 11 | 2022. | ||||||
| 12 | (i) "Replacement services loss" means expenses reasonably | ||||||
| 13 | incurred in obtaining ordinary and necessary services in lieu | ||||||
| 14 | of those the injured person would have performed, not for | ||||||
| 15 | income, but for the benefit of himself or herself or his or her | ||||||
| 16 | family, if he or she had not been injured. | ||||||
| 17 | (j) "Dependents replacement services loss" means loss | ||||||
| 18 | reasonably incurred by dependents or private legal guardians | ||||||
| 19 | of minor dependents after a victim's death in obtaining | ||||||
| 20 | ordinary and necessary services in lieu of those the victim | ||||||
| 21 | would have performed, not for income, but for their benefit, | ||||||
| 22 | if he or she had not been fatally injured. | ||||||
| 23 | (k) "Survivor" means immediate family including a parent, | ||||||
| 24 | stepfather, stepmother, child, brother, sister, or spouse. | ||||||
| 25 | (l) "Parent" means a natural parent, adopted parent, | ||||||
| 26 | stepparent, or permanent legal guardian of another person. | ||||||
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| 1 | (m) "Trafficking tattoo" is a tattoo which is applied to a | ||||||
| 2 | victim in connection with the commission of a violation of | ||||||
| 3 | Section 10-9 of the Criminal Code of 2012. | ||||||
| 4 | (n) "Dwelling" means a person's primary home. A person may | ||||||
| 5 | be required to provide verification or proof of residence | ||||||
| 6 | including, but not limited to, a lease agreement, utility | ||||||
| 7 | bill, license registration, document showing the mailing | ||||||
| 8 | address, pay stub, tax form, or notarized statement. | ||||||
| 9 | (o) "Dating relationship" means a current, continuous, | ||||||
| 10 | romantic, courtship, or engagement relationship, often | ||||||
| 11 | characterized by actions of an intimate or sexual nature or an | ||||||
| 12 | expectation of affection. "Dating relationship" does not | ||||||
| 13 | include a casual acquaintanceship or ordinary fraternization | ||||||
| 14 | between persons in a business or social context. | ||||||
| 15 | (p) "Medical facility" means a facility for the delivery | ||||||
| 16 | of health services. "Medical facility" includes, but is not | ||||||
| 17 | limited to, a hospital, public health center, outpatient | ||||||
| 18 | medical facility, federally qualified health center, migrant | ||||||
| 19 | health center, community health center, or State correctional | ||||||
| 20 | institution. | ||||||
| 21 | (q) "Mental health provider" means a licensed clinical | ||||||
| 22 | psychologist, a licensed clinical social worker, a licensed | ||||||
| 23 | professional counselor, or a licensed clinical professional | ||||||
| 24 | counselor as defined in the Mental Health and Developmental | ||||||
| 25 | Disabilities Code. | ||||||
| 26 | (r) (Blank). "Independent medical evaluation" means an | ||||||
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| 1 | assessment by a mental health provider who is not currently | ||||||
| 2 | providing treatment to the applicant and will not seek | ||||||
| 3 | reimbursement from the program for continuing treatment after | ||||||
| 4 | the assessment. A provider may seek reimbursement for the | ||||||
| 5 | assessment. | ||||||
| 6 | (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; | ||||||
| 7 | 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff. | ||||||
| 8 | 11-17-23; 103-1037, eff. 1-1-25; revised 6-23-25.) | ||||||
| 9 | (740 ILCS 45/4.1) (from Ch. 70, par. 74.1) | ||||||
| 10 | Sec. 4.1. In addition to other powers and duties set forth | ||||||
| 11 | in this Act and other powers exercised by the Attorney | ||||||
| 12 | General, the Attorney General shall: | ||||||
| 13 | (1) investigate all claims and prepare and present an | ||||||
| 14 | investigatory report and a draft award determination to | ||||||
| 15 | the Court of Claims for a review period of 28 business | ||||||
| 16 | days; | ||||||
| 17 | (2) upon conclusion of the review by the Court of | ||||||
| 18 | Claims, provide the applicant with a compensation | ||||||
| 19 | determination letter; | ||||||
| 20 | (3) prescribe and furnish all applications and other | ||||||
| 21 | forms required to be filed in the office of the Attorney | ||||||
| 22 | General by the terms of this Act; | ||||||
| 23 | (4) represent the interests of the State of Illinois | ||||||
| 24 | in any hearing before the Court of Claims; and | ||||||
| 25 | (5) upon failure to comply with Section 4.2, the | ||||||
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| 1 | Attorney General's office shall have the power to issue | ||||||
| 2 | subpoenas to compel the production of law enforcement | ||||||
| 3 | reports maintained by law enforcement agencies; and . | ||||||
| 4 | (6) with the consent of an applicant, request and | ||||||
| 5 | obtain supporting documentation required to verify the | ||||||
| 6 | claim, including, but not limited to, documentation from | ||||||
| 7 | hospitals, health care providers, providers of services to | ||||||
| 8 | victims or applicants, employers, insurance companies, and | ||||||
| 9 | other third parties relevant to the claim. | ||||||
| 10 | The changes made to this Section by this amendatory Act of | ||||||
| 11 | the 101st General Assembly apply to actions commenced or | ||||||
| 12 | pending on or after January 1, 2022. | ||||||
| 13 | (Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 8-9-24.) | ||||||
| 14 | (740 ILCS 45/4.2) | ||||||
| 15 | Sec. 4.2. | ||||||
| 16 | (a) A law enforcement agency shall, within 15 days of | ||||||
| 17 | receipt of a written request for a police report made to verify | ||||||
| 18 | that the requirements of a crime victims compensation | ||||||
| 19 | application under Section 6.1 of this Act have been met, | ||||||
| 20 | provide the Attorney General's office with the law enforcement | ||||||
| 21 | agency's full written report of the investigation of the crime | ||||||
| 22 | for which an application for compensation has been filed. The | ||||||
| 23 | law enforcement agency may redact the following from the | ||||||
| 24 | report: names of confidential sources and informants; | ||||||
| 25 | locations from which law enforcement conduct surveillance; and | ||||||
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| 1 | information related to issues of national security the law | ||||||
| 2 | enforcement agency provided to or received from the United | ||||||
| 3 | States Department of Homeland Security or another federal law | ||||||
| 4 | enforcement agency. The Attorney General's office and a law | ||||||
| 5 | enforcement agency may agree to the redaction of other | ||||||
| 6 | information in the report or to the provision of necessary | ||||||
| 7 | information in another format. Within 15 days of receipt of | ||||||
| 8 | the request, a law enforcement agency shall respond to a | ||||||
| 9 | written request from the Attorney General's office for | ||||||
| 10 | additional information necessary to assist the Attorney | ||||||
| 11 | General's office in making a recommendation for compensation. | ||||||
| 12 | (b) An applicant may obtain and provide a law enforcement | ||||||
| 13 | report to the Attorney General and the Attorney General may | ||||||
| 14 | proceed with the review of the application. If the copy of the | ||||||
| 15 | law enforcement report provided by the applicant does not | ||||||
| 16 | contain all the information the Attorney General needs to move | ||||||
| 17 | forward with the review of the application, the Attorney | ||||||
| 18 | General may proceed with requesting from the law enforcement | ||||||
| 19 | agency the full written report of the investigation. | ||||||
| 20 | (c) Records that are obtained by the Attorney General's | ||||||
| 21 | office from a law enforcement agency under this Section for | ||||||
| 22 | purposes of investigating an application for crime victim | ||||||
| 23 | compensation shall not be disclosed to the public, including | ||||||
| 24 | the applicant, by the Attorney General's office. | ||||||
| 25 | (d) Hospitals, health care providers, providers of | ||||||
| 26 | services to victims or applicants, employers, insurance | ||||||
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| 1 | companies, and other third parties relevant to the application | ||||||
| 2 | or claim shall respond in writing to the Attorney General's | ||||||
| 3 | office request for confirmation, documentation, or other | ||||||
| 4 | information under this Act within 30 days of receipt of the | ||||||
| 5 | Attorney General's office request. If the information or | ||||||
| 6 | documentation provided to the Attorney General does not | ||||||
| 7 | contain all the information the Attorney General needs to move | ||||||
| 8 | forward with review of the application or claim, the Attorney | ||||||
| 9 | General may proceed with requesting further information or | ||||||
| 10 | documentation. | ||||||
| 11 | (e) An applicant may obtain and attach to the application | ||||||
| 12 | documentation from hospitals, health care providers, providers | ||||||
| 13 | of services, employers, insurance companies, and other third | ||||||
| 14 | parties relevant to the claim and the Attorney General may | ||||||
| 15 | proceed with the review of the application. If the | ||||||
| 16 | documentation provided by the applicant with the application | ||||||
| 17 | does not contain all the information the Attorney General | ||||||
| 18 | needs to move forward with the review of the application, the | ||||||
| 19 | Attorney General may proceed with requesting from the | ||||||
| 20 | applicant or from applicable third parties additional | ||||||
| 21 | documentation or information. | ||||||
| 22 | (f) Law enforcement reports or other documentation | ||||||
| 23 | obtained by the Attorney General's office from an applicant, | ||||||
| 24 | victim, or third party under this Act for the purposes of | ||||||
| 25 | investigating an application for crime victim compensation | ||||||
| 26 | shall not be disclosed to the public or any individual or | ||||||
| |||||||
| |||||||
| 1 | entity, not including the individual who supplied the report | ||||||
| 2 | or documentation, by the Attorney General's office. Any | ||||||
| 3 | records obtained by the Attorney General's office to process | ||||||
| 4 | the application, including but not limited to applications, | ||||||
| 5 | documents, and photographs, shall be exempt from disclosure by | ||||||
| 6 | the Attorney General's office under the Freedom of Information | ||||||
| 7 | Act. | ||||||
| 8 | (Source: P.A. 103-1037, eff. 1-1-25.) | ||||||
| 9 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1) | ||||||
| 10 | Sec. 6.1. Right to compensation. A person is entitled to | ||||||
| 11 | compensation under this Act if: | ||||||
| 12 | (a) Timing. Within 5 years of the occurrence of the | ||||||
| 13 | crime, or within one year after a criminal charge of a | ||||||
| 14 | person for an offense, upon which the claim is based, the | ||||||
| 15 | applicant presents an application, under oath, to the | ||||||
| 16 | Attorney General that is filed with the Court of Claims | ||||||
| 17 | and on a form prescribed in accordance with Section 7.1 | ||||||
| 18 | furnished by the Attorney General. If the person entitled | ||||||
| 19 | to compensation is under 18 years of age or under other | ||||||
| 20 | legal disability at the time of the occurrence or is | ||||||
| 21 | determined by a court to be under a legal disability as a | ||||||
| 22 | result of the occurrence, he or she may present the | ||||||
| 23 | application required by this subsection within 3 years | ||||||
| 24 | after he or she attains the age of 18 years or the | ||||||
| 25 | disability is removed, as the case may be. Legal | ||||||
| |||||||
| |||||||
| 1 | disability includes a diagnosis of posttraumatic stress | ||||||
| 2 | disorder. | ||||||
| 3 | (a-1) The Attorney General and the Court of Claims may | ||||||
| 4 | accept an application presented after the period provided | ||||||
| 5 | in subsection (a) if the Attorney General determines that | ||||||
| 6 | the applicant had good cause for a delay. | ||||||
| 7 | (b) Notification. The appropriate law enforcement | ||||||
| 8 | officials were notified within 180 days 72 hours of the | ||||||
| 9 | perpetration of the crime allegedly causing the death or | ||||||
| 10 | injury to the victim. If the notification was made more | ||||||
| 11 | than 180 days 72 hours after the perpetration of the crime | ||||||
| 12 | and the applicant establishes that the notice was timely | ||||||
| 13 | under the circumstances, the Attorney General and the | ||||||
| 14 | Court of Claims may extend the time for reporting to law | ||||||
| 15 | enforcement. | ||||||
| 16 | For victims of offenses defined in Sections 10-9, | ||||||
| 17 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and | ||||||
| 18 | 12-14 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 19 | 2012, the appropriate law enforcement officials were | ||||||
| 20 | notified within 7 days of the perpetration of the crime | ||||||
| 21 | allegedly causing death or injury to the victim or, if the | ||||||
| 22 | notification was made more than 7 days after the | ||||||
| 23 | perpetration of the crime, the applicant establishes that | ||||||
| 24 | the notice was timely under the circumstances. | ||||||
| 25 | (b-1) If, in lieu of a law enforcement report, the | ||||||
| 26 | applicant or victim has obtained an order of protection, a | ||||||
| |||||||
| |||||||
| 1 | civil no contact order, or a stalking no contact order, | ||||||
| 2 | has presented to a medical facility for medical care or | ||||||
| 3 | sexual assault evidence collection, has presented to a | ||||||
| 4 | mental health provider for mental health care or | ||||||
| 5 | evaluation an independent medical evaluation, or is | ||||||
| 6 | engaged in a legal proceeding involving a claim that the | ||||||
| 7 | applicant or victim is a victim of human trafficking or | ||||||
| 8 | law enforcement use of force, such action shall constitute | ||||||
| 9 | appropriate notification under this Section. | ||||||
| 10 | (b-2) For purposes of notification under this Act, a | ||||||
| 11 | victim who presents to a medical facility or mental health | ||||||
| 12 | provider shall provide information sufficient to fulfill | ||||||
| 13 | the requirements of this Section, except that the victim | ||||||
| 14 | shall not be required to identify the offender to the | ||||||
| 15 | medical or mental health provider. | ||||||
| 16 | (b-3) An applicant who is filing a claim that a law | ||||||
| 17 | enforcement officer's use of force caused injury or death, | ||||||
| 18 | may fulfill the notification requirement by complying with | ||||||
| 19 | subsection (b), filing a complaint with the Illinois Law | ||||||
| 20 | Enforcement Training Standards Board, filing a lawsuit | ||||||
| 21 | against a law enforcement officer or department, or | ||||||
| 22 | presenting evidence that the victim has obtained a | ||||||
| 23 | settlement or a verdict in a civil suit. An application | ||||||
| 24 | filed by an individual presenting evidence of a verdict in | ||||||
| 25 | a civil suit must be filed within one year after the | ||||||
| 26 | resolution of the civil suit. | ||||||
| |||||||
| |||||||
| 1 | (b-4) An applicant may provide notification to a | ||||||
| 2 | mental health provider regarding physical or psychological | ||||||
| 3 | injuries of the victim or for victims of offenses defined | ||||||
| 4 | in Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
| 5 | 11-1.60, 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 | ||||||
| 6 | of the Criminal Code of 2012, psychological injuries | ||||||
| 7 | resulting from the commission of the crime for which the | ||||||
| 8 | applicant is filing an application. The provider shall | ||||||
| 9 | perform an independent medical evaluation and provide the | ||||||
| 10 | provider's professional opinion as to whether the injuries | ||||||
| 11 | claimed are consistent with having resulted from the | ||||||
| 12 | commission of the crime for which the applicant is filing | ||||||
| 13 | an application. A mental health provider may seek | ||||||
| 14 | reimbursement for an evaluation under this subsection if | ||||||
| 15 | the mental health provider is not currently providing | ||||||
| 16 | treatment to the applicant, and will not seek | ||||||
| 17 | reimbursement from the program for any additional | ||||||
| 18 | treatment of the applicant. Otherwise, a mental health | ||||||
| 19 | provider may conduct an evaluation under this subsection, | ||||||
| 20 | but is ineligible for reimbursement for performing the | ||||||
| 21 | evaluation. | ||||||
| 22 | Upon completion of the independent medical evaluation, | ||||||
| 23 | the mental health provider shall complete a certification | ||||||
| 24 | form, signed under oath. The form shall be provided by the | ||||||
| 25 | Office of the Attorney General, be available on its | ||||||
| 26 | website, and contain the following: | ||||||
| |||||||
| |||||||
| 1 | (1) The provider's name, title, license number and | ||||||
| 2 | place of employment. | ||||||
| 3 | (2) Contact information for the provider. | ||||||
| 4 | (3) The provider's relationship with the | ||||||
| 5 | applicant. | ||||||
| 6 | (4) The date the crime was reported to the | ||||||
| 7 | provider. | ||||||
| 8 | (5) The reported crime. | ||||||
| 9 | (6) The date and location of the crime. | ||||||
| 10 | (7) If there are physical injuries, what injuries | ||||||
| 11 | that the mental health provider can attest to being | ||||||
| 12 | present on the day of the reporting if they are | ||||||
| 13 | consistent with the crime reported to the provider. | ||||||
| 14 | (8) If there are psychological injuries, whether | ||||||
| 15 | the provider in his or her professional opinion | ||||||
| 16 | believes that the injuries presented on the day of the | ||||||
| 17 | reporting are consistent with the crime reported to | ||||||
| 18 | the provider. | ||||||
| 19 | (9) A detailed summary of the incident, as | ||||||
| 20 | reported. | ||||||
| 21 | (10) Any documentation or photos that relates | ||||||
| 22 | relate to the crime of violence for which the | ||||||
| 23 | applicant is seeking reimbursement. | ||||||
| 24 | (b-5) If a mental health provider who provides a | ||||||
| 25 | certification form pursuant to subsection (b-4) seeks | ||||||
| 26 | reimbursement from the program for treatment of the | ||||||
| |||||||
| |||||||
| 1 | applicant, or an applicant seeks reimbursement for | ||||||
| 2 | payments made to the mental health provider for treatment, | ||||||
| 3 | compensation for services provided by the mental health | ||||||
| 4 | provider shall be limited to Medicare-approved rates. | ||||||
| 5 | Pursuant to subsection (g) of Section 10.1, a mental | ||||||
| 6 | health provider may not seek reimbursement for services | ||||||
| 7 | provided to an applicant if the applicant has not | ||||||
| 8 | exhausted the benefits reasonably available under any | ||||||
| 9 | governmental, medical, or health insurance program. | ||||||
| 10 | (b-6) If an applicant was receiving treatment from a | ||||||
| 11 | mental health provider before the commission of the crime, | ||||||
| 12 | and the mental health provider provides a certification | ||||||
| 13 | form pursuant to subsection (b-4), the mental health | ||||||
| 14 | provider may only seek reimbursement from the program for | ||||||
| 15 | treatment that is in addition to the treatment the | ||||||
| 16 | applicant was already receiving before the commission of | ||||||
| 17 | the crime. | ||||||
| 18 | (c) Cooperation. The applicant has cooperated with law | ||||||
| 19 | enforcement officials in the apprehension and prosecution | ||||||
| 20 | of the assailant. If the applicant or victim has obtained | ||||||
| 21 | an order of protection, a civil no contact order, or a | ||||||
| 22 | stalking no contact order, has presented to a medical | ||||||
| 23 | facility for medical care or sexual assault evidence | ||||||
| 24 | collection, obtained an evaluation independent medical | ||||||
| 25 | examination from a mental health provider as described in | ||||||
| 26 | subsection (b-4), has taken any of the actions described | ||||||
| |||||||
| |||||||
| 1 | in subsection (b-3), or is engaged in a legal proceeding | ||||||
| 2 | involving a claim that the applicant or victim is a victim | ||||||
| 3 | of human trafficking, such action shall constitute | ||||||
| 4 | cooperation under this subsection (c). If the victim is | ||||||
| 5 | under 18 years of age at the time of the commission of the | ||||||
| 6 | offense, the following shall constitute cooperation under | ||||||
| 7 | this subsection (c): | ||||||
| 8 | (1) the applicant or the victim files a police | ||||||
| 9 | report with a law enforcement agency; | ||||||
| 10 | (2) a mandated reporter reports the crime to law | ||||||
| 11 | enforcement; or | ||||||
| 12 | (3) a person with firsthand knowledge of the crime | ||||||
| 13 | reports the crime to law enforcement. | ||||||
| 14 | In evaluating cooperation, the Attorney General and | ||||||
| 15 | Court of Claims may consider the victim's age, physical | ||||||
| 16 | condition, psychological state, cultural or linguistic | ||||||
| 17 | barriers, and compelling health and safety concerns, | ||||||
| 18 | including, but not limited to, a reasonable fear of | ||||||
| 19 | retaliation or harm that would jeopardize the well-being | ||||||
| 20 | of the victim or the victim's family, and giving due | ||||||
| 21 | consideration to the degree of cooperation that the victim | ||||||
| 22 | or derivative victim is capable of in light of the | ||||||
| 23 | presence of any of these factors, or any other factor the | ||||||
| 24 | Attorney General considers relevant. | ||||||
| 25 | (d) If the applicant is not barred from receiving | ||||||
| 26 | compensation under Section 10.1. | ||||||
| |||||||
| |||||||
| 1 | (e) (Blank). | ||||||
| 2 | (f) (Blank). | ||||||
| 3 | (g) (Blank). | ||||||
| 4 | Furnishing an evaluation as described in subsection (b-4) | ||||||
| 5 | or furnishing another document as evidence of notification or | ||||||
| 6 | cooperation under this Section may not be construed to waive | ||||||
| 7 | any confidentiality or privilege that may exist between the | ||||||
| 8 | victim or applicant and a third party. | ||||||
| 9 | The changes made to this Section by this amendatory Act of | ||||||
| 10 | the 101st General Assembly apply to actions commenced or | ||||||
| 11 | pending on or after January 1, 2022. | ||||||
| 12 | (Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 1-1-25.) | ||||||
| 13 | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1) | ||||||
| 14 | Sec. 7.1. (a) The application form furnished by the Office | ||||||
| 15 | of the Attorney General and published on its website shall | ||||||
| 16 | include fields for the applicant to set out: | ||||||
| 17 | (1) the name and address of the victim; | ||||||
| 18 | (2) if the victim is deceased, the name and address of | ||||||
| 19 | the applicant and his or her relationship to the victim, | ||||||
| 20 | the names and addresses of other persons dependent on the | ||||||
| 21 | victim for their support and the extent to which each is so | ||||||
| 22 | dependent, and other persons who may be entitled to | ||||||
| 23 | compensation for a pecuniary loss; | ||||||
| 24 | (3) the date and nature of the crime on which the | ||||||
| 25 | application for compensation is based; | ||||||
| |||||||
| |||||||
| 1 | (4) the date and place where notification under | ||||||
| 2 | Section 6.1 was given and to whom, or the date and place of | ||||||
| 3 | issuance of an order of protection, no contact order, | ||||||
| 4 | evidence of a legal proceeding involving human | ||||||
| 5 | trafficking, or in cases of a law enforcement officer's | ||||||
| 6 | use of force, another form of documentation allowable | ||||||
| 7 | under Section 6.1; | ||||||
| 8 | (4.5) if the victim is providing supplemental forms of | ||||||
| 9 | documentation, that documentation, the date the victim | ||||||
| 10 | obtained that other form of documentation and the type of | ||||||
| 11 | documentation; | ||||||
| 12 | (5) the nature and extent of the injuries sustained by | ||||||
| 13 | the victim, and the names and addresses of those giving | ||||||
| 14 | medical and hospitalization treatment to the victim; | ||||||
| 15 | (6) the pecuniary loss to the applicant and to such | ||||||
| 16 | other persons as are specified under item (2) resulting | ||||||
| 17 | from the injury or death; | ||||||
| 18 | (7) the amount of benefits, payments, or awards, if | ||||||
| 19 | any, payable under: | ||||||
| 20 | (a) the Workers' Compensation Act, | ||||||
| 21 | (b) the Dram Shop Act, | ||||||
| 22 | (c) any claim, demand, or cause of action based | ||||||
| 23 | upon the crime-related injury or death, | ||||||
| 24 | (d) the Federal Medicare program, | ||||||
| 25 | (e) the State Public Aid program, | ||||||
| 26 | (f) Social Security Administration burial | ||||||
| |||||||
| |||||||
| 1 | benefits, | ||||||
| 2 | (g) Veterans administration burial benefits, | ||||||
| 3 | (h) life, health, accident, vehicle, towing, or | ||||||
| 4 | liability insurance, | ||||||
| 5 | (i) the Criminal Victims' Escrow Account Act, | ||||||
| 6 | (j) the Sexual Assault Survivors Emergency | ||||||
| 7 | Treatment Act, | ||||||
| 8 | (k) restitution, or | ||||||
| 9 | (l) any other source; | ||||||
| 10 | (8) releases authorizing the surrender to the Court of | ||||||
| 11 | Claims or Attorney General of reports, documents and other | ||||||
| 12 | information relating to the matters specified under this | ||||||
| 13 | Act and rules promulgated in accordance with the Act; | ||||||
| 14 | (9) such other information as the Court of Claims or | ||||||
| 15 | the Attorney General reasonably requires; . | ||||||
| 16 | (10) whether the applicant is applying for an | ||||||
| 17 | emergency award under Section 10.2. | ||||||
| 18 | (b) The Attorney General may require that materials | ||||||
| 19 | substantiating the facts stated in the application be | ||||||
| 20 | submitted with that application. | ||||||
| 21 | (b-5) The victim or applicant may provide to the Attorney | ||||||
| 22 | General a sworn statement by the victim or applicant that | ||||||
| 23 | attests to the victim's or applicant's experience of a crime | ||||||
| 24 | or crimes of violence, in addition to documentation required | ||||||
| 25 | under this Act. If the victim or applicant has additional | ||||||
| 26 | corroborating evidence beyond those described in this Act, the | ||||||
| |||||||
| |||||||
| 1 | victim or applicant may provide the following documents: law | ||||||
| 2 | enforcement report; medical records; confirmation of sexual | ||||||
| 3 | assault evidence collection; order of protection; civil no | ||||||
| 4 | contact order, stalking no contact order; photographs; letter | ||||||
| 5 | from a service provider who serves victims of crime; affidavit | ||||||
| 6 | from a witness of the crime of violence; court record; | ||||||
| 7 | military record; or any other corroborating evidence. Such | ||||||
| 8 | documentation or statement may be used to supplement required | ||||||
| 9 | documentation to verify the incident but is not required. If | ||||||
| 10 | an applicant is seeking an exception under subsection (b) or | ||||||
| 11 | (c-1) of Section 6.1, the applicant shall provide any | ||||||
| 12 | additional documentation, information, or statement that | ||||||
| 13 | substantiates the facts stated in the application. | ||||||
| 14 | (c) An applicant, on his or her own motion, may file an | ||||||
| 15 | amended application or additional substantiating materials to | ||||||
| 16 | correct inadvertent errors or omissions at any time before the | ||||||
| 17 | original application has been disposed of by the Court of | ||||||
| 18 | Claims or the Attorney General. In either case, the filing of | ||||||
| 19 | additional information or of an amended application shall be | ||||||
| 20 | considered for the purpose of this Act to have been filed at | ||||||
| 21 | the same time as the original application. | ||||||
| 22 | For claims submitted on or after January 1, 2022, an | ||||||
| 23 | amended application or additional substantiating materials to | ||||||
| 24 | correct inadvertent errors or omissions may be filed at any | ||||||
| 25 | time before the original application is disposed of by the | ||||||
| 26 | Attorney General or the Court of Claims. | ||||||
| |||||||
| |||||||
| 1 | (d) Determinations submitted by the Attorney General to | ||||||
| 2 | the Court of Claims shall be available to the Court of Claims | ||||||
| 3 | for review. The Attorney General shall provide the sources and | ||||||
| 4 | evidence relied upon as a basis for a compensation | ||||||
| 5 | determination. | ||||||
| 6 | (e) The changes made to this Section by this amendatory | ||||||
| 7 | Act of the 101st General Assembly apply to actions commenced | ||||||
| 8 | or pending on or after January 1, 2022. | ||||||
| 9 | (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; | ||||||
| 10 | 103-1037, eff. 1-1-25.) | ||||||
| 11 | (740 ILCS 45/8.1) (from Ch. 70, par. 78.1) | ||||||
| 12 | Sec. 8.1. If an applicant does not submit all materials | ||||||
| 13 | substantiating his or her claim as requested of him or her by | ||||||
| 14 | the Attorney General, and the Attorney General is unable to | ||||||
| 15 | otherwise obtain such materials within 45 days of receiving | ||||||
| 16 | the claim, the Attorney General shall notify the applicant in | ||||||
| 17 | writing of the specific additional items of information or | ||||||
| 18 | materials required and that he or she has 45 days in which to | ||||||
| 19 | furnish those items to the Attorney General. The Attorney | ||||||
| 20 | General shall report an applicant's failure to comply within | ||||||
| 21 | 45 days of the foregoing notice to the Court of Claims. No | ||||||
| 22 | award of compensation shall be made for any portion of the | ||||||
| 23 | applicant's claim that is not substantiated by the applicant. | ||||||
| 24 | An applicant may request an extension of time from the | ||||||
| 25 | Attorney General prior to the expiration of the 45-day period. | ||||||
| |||||||
| |||||||
| 1 | After an application has been filed, an applicant's | ||||||
| 2 | failure to respond to communication from the Office of the | ||||||
| 3 | Attorney General or the Court of Claims or a failure to provide | ||||||
| 4 | necessary documentation to substantiate the request for | ||||||
| 5 | compensation may result in the claim being closed without | ||||||
| 6 | compensation. An applicant may submit to have the claim | ||||||
| 7 | reopened when the applicant is able to provide missing | ||||||
| 8 | information and communicate regarding the claim. | ||||||
| 9 | Failure to update the Office of the Attorney General with | ||||||
| 10 | changes to the applicant's contact information after the | ||||||
| 11 | application is submitted to the Office of the Attorney General | ||||||
| 12 | may result in applications that are not filed with the Court of | ||||||
| 13 | Claims or claims that are closed without compensation. | ||||||
| 14 | (Source: P.A. 102-27, eff. 1-1-22; 103-1037, eff. 1-1-25.) | ||||||
| 15 | (740 ILCS 45/10.2) | ||||||
| 16 | Sec. 10.2. Emergency awards. | ||||||
| 17 | (a) If it appears, prior to taking action on an | ||||||
| 18 | application, that the claim is one for which compensation is | ||||||
| 19 | probable, and undue hardship will result to the applicant if | ||||||
| 20 | immediate payment is not made, the Attorney General may | ||||||
| 21 | recommend and the Court may make an emergency award of | ||||||
| 22 | compensation to the applicant, pending a final decision in the | ||||||
| 23 | case. The Court shall issue a voucher for payment to the | ||||||
| 24 | Comptroller of an emergency award after receiving notice of | ||||||
| 25 | the decision to grant the emergency award. If the Comptroller | ||||||
| |||||||
| |||||||
| 1 | is not able to release the voucher for payment within 10 | ||||||
| 2 | business days of receiving a voucher for payment from the | ||||||
| 3 | Court, the Comptroller shall notify the Attorney General. | ||||||
| 4 | Emergency awards may be issued to the applicant for the | ||||||
| 5 | purpose of paying funeral and burial expenses directly to a | ||||||
| 6 | funeral home for expenses that have been incurred or that the | ||||||
| 7 | applicant has been quoted, and for relocation expenses | ||||||
| 8 | incurred or due to be incurred by an applicant. The amount of | ||||||
| 9 | emergency compensation shall be deducted from any final award | ||||||
| 10 | made as a result of the claim. The full amount of the emergency | ||||||
| 11 | award if no final award is made shall be repaid by the | ||||||
| 12 | applicant to the State of Illinois. If the amount of emergency | ||||||
| 13 | compensation exceeds the actual amount the applicant incurs, | ||||||
| 14 | the difference shall be repaid to the State. | ||||||
| 15 | (b) Emergency award applicants must satisfy all | ||||||
| 16 | requirements under Section 6.1 of this Act. | ||||||
| 17 | (c) The Office of the Attorney General shall include a | ||||||
| 18 | designated section in the application form described in | ||||||
| 19 | Section 7.1 for the applicant to request an emergency award. | ||||||
| 20 | (Source: P.A. 102-27, eff. 1-1-22.)". | ||||||
