Bill Text: IL SB0118 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Crime Victims Compensation Act. Requires the Attorney General to, with the consent of an applicant, request and obtain supporting documentation required to verify a claim for compensation. Includes provisions regarding supporting documentation for applications and claims. Provides that to receive compensation under the Act, the appropriate law enforcement officials were notified within 180 days (rather than 72 hours or 7 days for specified offenses) of the perpetration of the crime allegedly causing the death or injury to the victim. Allows a mental health provider to seek reimbursement for an evaluation if the mental health provider is not currently providing treatment to the applicant, and will not seek reimbursement from the program for any additional treatment of the applicant. Provides that if a mental health provider who provides a certification form seeks reimbursement from the program for treatment of the applicant, or an applicant seeks reimbursement for payments made to the mental health provider for treatment, compensation for services provided by the mental health provider shall be limited to Medicare-approved rates. Prohibits a mental health provider from seeking reimbursement for services provided to an applicant if the applicant has not exhausted the benefits reasonably available under any governmental, medical, or health insurance program. Provides that if an applicant was receiving treatment from a mental health provider before the commission of the crime, and the mental health provider provides a certification form, the mental health provider may only seek reimbursement from the program for treatment that is in addition to the treatment the applicant was already receiving before the commission of the crime. Provides that furnishing an evaluation or furnishing another document as evidence of notification or cooperation may not be construed to waive any confidentiality or privilege that may exist between the victim or applicant and a third party. Provides that the Court shall issue a voucher for payment to the Comptroller of an emergency award after receiving notice of the decision to grant the emergency award, and if the Comptroller is not able to release the voucher for payment within 10 business days of receiving a voucher for payment from the Court, the Comptroller shall notify the Attorney General. Provides that if the amount of emergency compensation exceeds the actual amount the applicant incurs, the difference shall be repaid to the State. Provides that the Office of the Attorney General shall include a designated section in the application form for the applicant to request an emergency award. Makes other changes.

Sponsorship: Moderate Partisan Bill (Democrat 7-1)

Status: (Enrolled) 2026-06-29 - Sent to the Governor [SB0118 Detail]

Download: Illinois-2025-SB0118-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Crime Victims Compensation Act is amended
by changing Sections 2, 4.1, 4.2, 6.1, 7.1, 8.1, and 10.2 as
follows:
(740 ILCS 45/2)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any of the following claiming
compensation under this Act:
(1) A victim.
(2) If the victim was a guardian or primary caregiver
to an adult who is physically or mentally incapacitated,
that adult who is physically or mentally incapacitated.
(3) A guardian of a minor or of a person under legal
disability.
(4) A person who, at the time the crime occurred,
resided in the same dwelling as the victim, solely for the
purpose of compensating for any of the following:
(A) Pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime.

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(B) Loss of earnings under paragraph (14.5) of
subsection (h) for time off from work necessary to
provide full time care for the injured victim.
(C) Relocation expenses.
(5) A person who assumes a legal obligation or
voluntarily pays for a victim's medical or funeral or
burial expenses.
(6) Any other person the Court of Claims or the
Attorney General finds is entitled to compensation.
The changes made to this subsection by Public Act 101-652
apply to actions commenced or pending on or after January 1,
2022.
(b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
(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, 11-20.1, 11-23, 11-23.5, 12-1, 12-2, 12-3, 12-3.05,
12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-5, 12-7.1, 12-7.3, 12-7.4,
12-20.5, 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

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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 include any other offense or crash
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.
(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 dwelling 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
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

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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
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) any person who is the
grandparent, grandchild, brother, sister, half brother, or
half sister of a person killed or injured in this State as a
result of a crime of violence, applying 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, loss of earnings under paragraph
(14.5) of subsection (h) for time off from work necessary to
provide full time care for the injured victim, or relocation
if the crime occurred within the dwelling of the applicant,
(5.2) any person who was in a dating relationship with a person
killed in this State as a result of a crime of violence, 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, (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

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crime occurred does not have a compensation of victims of
crimes law for which that Illinois resident is eligible, (7)
the parent, spouse, or child of a deceased person whose body is
dismembered or whose remains are desecrated as the result of a
crime of violence, (8) (blank), or (9) an individual who is
injured or killed in an incident in which a law enforcement
officer's use of force caused bodily harm or death to that
individual.
(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.
(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 dwelling of a person killed or injured in a
relationship that is substantially similar to that of a
parent, spouse, or child.
(g) "Child" means a son or daughter and includes a
stepchild, an adopted child or a child born out of wedlock.
(h) "Pecuniary loss" means:
(1) 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

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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;
(2) transportation expenses to and from medical and
counseling treatment facilities;
(3) prosthetic appliances, eyeglasses, and hearing
aids necessary or damaged as a result of the crime;
(4) expenses incurred for the towing and storage of a
victim's vehicle in connection with a crime of violence,
to a maximum of $1,000;
(5) costs associated with trafficking tattoo removal
by a person authorized or licensed to perform the specific
removal procedure; for victims of offenses defined in
Section 10-9 of the Criminal Code of 2012, the victim
shall submit 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;
(6) replacement costs for clothing and bedding used as
evidence;
(7) costs associated with temporary lodging or
relocation necessary as a result of the crime, including,
but not limited to, the first 2 months' rent and security

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deposit of the dwelling that the claimant relocated to and
other reasonable relocation expenses incurred as a result
of the violent crime;
(8) locks, doors, or windows necessary or damaged as a
result of the crime;
(9) the purchase, lease, or rental of equipment
necessary to create usability of and 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; "real and personal property"
includes, but is not limited to, vehicles, houses,
apartments, townhouses, or condominiums;
(10) the costs of appropriate crime scene clean-up;
(11) replacement services loss, to a maximum of $1,250
per month, with this amount to be divided in proportion to
the amount of the actual loss among those entitled to
compensation;
(12) dependents replacement services loss, to a
maximum of $1,250 per month, with this amount to be
divided in proportion to the amount of the actual loss
among those entitled to compensation;
(13) 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

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continue attendance at school as a result of the crime of
violence perpetrated against him or her;
(14) loss of earnings, loss of future earnings because
of disability resulting from the injury. Loss of future
earnings shall be reduced by any income from substitute
work actually performed by the victim or by income the
victim would have earned in available appropriate
substitute work the victim was capable of performing but
unreasonably failed to undertake; loss of earnings and
loss of future earnings 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;
(14.5) loss of earnings for applicants or loss of
future earnings for applicants. The applicant must
demonstrate that the loss of earnings is a direct result
of circumstances attributed to the crime including, but
not limited to, court appearances, funeral preparation and
bereavement, receipt of medical or psychological care;
loss of earnings and loss of future earnings shall be
determined on the basis of the applicant's average net
monthly earnings for the 6 months immediately preceding

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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;
(15) loss of support of the dependents of the victim.
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. Loss of support
for minors shall be divided in proportion to the amount of
the actual loss among those entitled to such compensation;
(16) in the case of death, expenses for reasonable

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funeral, burial, headstone, cremation, 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 for each victim. Other individuals that have paid
or become obligated to pay funeral, cremation, or burial
expenses, including a headstone, for the deceased shall
share a maximum award of $10,000, with the award divided
in proportion to the amount of the actual loss among those
entitled to compensation;
(17) in the case of dismemberment or desecration of a
body, expenses for reasonable funeral, burial, headstone,
and cremation, all of which may be awarded up to a maximum
of $10,000 for each victim. Other individuals that have
paid or become obligated to pay funeral, cremation, or
burial expenses, including a headstone, for the deceased
shall share a maximum award of $10,000, with the award
divided in proportion to the amount of the actual loss
among those entitled to compensation; and
(18) (19) legal fees resulting from proceedings that
became necessary solely because of the crime, including,
but not limited to, establishing a legal guardian for the
minor victim or the minor child of a victim, or obtaining a
restraining order, no contact order, or order of
protection, awarded up to a maximum of $3,500.
"Pecuniary loss" does not include pain and suffering or

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property loss or damage.
The changes made to this subsection by Public Act 101-652
apply to actions commenced or pending on or after January 1,
2022.
(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.
(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.
(k) "Survivor" means immediate family including a parent,
stepfather, stepmother, child, brother, sister, or spouse.
(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.
(n) "Dwelling" means a person's primary home. A person may
be required to provide verification or proof of residence
including, but not limited to, a lease agreement, utility
bill, license registration, document showing the mailing

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address, pay stub, tax form, or notarized statement.
(o) "Dating relationship" means a current, continuous,
romantic, courtship, or engagement relationship, often
characterized by actions of an intimate or sexual nature or an
expectation of affection. "Dating relationship" does not
include a casual acquaintanceship or ordinary fraternization
between persons in a business or social context.
(p) "Medical facility" means a facility for the delivery
of health services. "Medical facility" includes, but is not
limited to, a hospital, public health center, outpatient
medical facility, federally qualified health center, migrant
health center, community health center, or State correctional
institution.
(q) "Mental health provider" means a licensed clinical
psychologist, a licensed clinical social worker, a licensed
professional counselor, or a licensed clinical professional
counselor as defined in the Mental Health and Developmental
Disabilities Code.
(r) (Blank). "Independent medical evaluation" means an
assessment by a mental health provider who is not currently
providing treatment to the applicant and will not seek
reimbursement from the program for continuing treatment after
the assessment. A provider may seek reimbursement for the
assessment.
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff.

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11-17-23; 103-1037, eff. 1-1-25; revised 6-23-25.)
(740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
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;
(4) represent the interests of the State of Illinois
in any hearing before the Court of Claims; and
(5) upon failure to comply with Section 4.2, the
Attorney General's office shall have the power to issue
subpoenas to compel the production of law enforcement
reports maintained by law enforcement agencies; and .
(6) with the consent of an applicant, request and
obtain supporting documentation required to verify the
claim, including, but not limited to, documentation from
hospitals, health care providers, providers of services to

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victims or applicants, employers, insurance companies, and
other third parties relevant to the claim.
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.
(Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 8-9-24.)
(740 ILCS 45/4.2)
Sec. 4.2.
(a) A law enforcement agency shall, within 15 days of
receipt of a written request for a police report made to verify
that the requirements of a crime victims compensation
application under Section 6.1 of this Act have been met,
provide the Attorney General's office with the law enforcement
agency's full written report of the investigation of the crime
for which an application for compensation has been filed. The
law enforcement agency may redact the following from the
report: names of confidential sources and informants;
locations from which law enforcement conduct surveillance; and
information related to issues of national security the law
enforcement agency provided to or received from the United
States Department of Homeland Security or another federal law
enforcement agency. The Attorney General's office and a law
enforcement agency may agree to the redaction of other
information in the report or to the provision of necessary
information in another format. Within 15 days of receipt of

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the request, a law enforcement agency shall respond to a
written request from the Attorney General's office for
additional information necessary to assist the Attorney
General's office in making a recommendation for compensation.
(b) An applicant may obtain and provide a law enforcement
report to the Attorney General and the Attorney General may
proceed with the review of the application. If the copy of the
law enforcement report provided by the applicant does not
contain all the information the Attorney General needs to move
forward with the review of the application, the Attorney
General may proceed with requesting from the law enforcement
agency the full written report of the investigation.
(c) Records that are obtained by the Attorney General's
office from a law enforcement agency under this Section for
purposes of investigating an application for crime victim
compensation shall not be disclosed to the public, including
the applicant, by the Attorney General's office.
(d) Hospitals, health care providers, providers of
services to victims or applicants, employers, insurance
companies, and other third parties relevant to the application
or claim shall respond in writing to the Attorney General's
office request for confirmation, documentation, or other
information under this Act within 30 days of receipt of the
Attorney General's office request. If the information or
documentation provided to the Attorney General does not
contain all the information the Attorney General needs to move

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forward with review of the application or claim, the Attorney
General may proceed with requesting further information or
documentation.
(e) An applicant may obtain and attach to the application
documentation from hospitals, health care providers, providers
of services, employers, insurance companies, and other third
parties relevant to the claim and the Attorney General may
proceed with the review of the application. If the
documentation provided by the applicant with the application
does not contain all the information the Attorney General
needs to move forward with the review of the application, the
Attorney General may proceed with requesting from the
applicant or from applicable third parties additional
documentation or information.
(f) Law enforcement reports or other documentation
obtained by the Attorney General's office from an applicant,
victim, or third party under this Act for the purposes of
investigating an application for crime victim compensation
shall not be disclosed to the public or any individual or
entity, not including the individual who supplied the report
or documentation, by the Attorney General's office. Any
records obtained by the Attorney General's office to process
the application, including but not limited to applications,
documents, and photographs, shall be exempt from disclosure by
the Attorney General's office under the Freedom of Information
Act.

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(Source: P.A. 103-1037, eff. 1-1-25.)
(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) Timing. 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.
(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) Notification. The appropriate law enforcement

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officials were notified within 30 days 72 hours of the
perpetration of the crime allegedly causing the death or
injury to the victim. If the notification was made more
than 30 days 72 hours after the perpetration of the crime
and the applicant establishes that the notice was timely
under the circumstances, the Attorney General and the
Court of Claims may extend the time for reporting to law
enforcement.
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, and
12-14 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, if the
notification was made more than 7 days after the
perpetration of the crime, the applicant establishes that
the notice was timely under the circumstances.
(b-1) If, in lieu of a law enforcement report, the
applicant or victim has obtained an order of protection, a
civil no contact order, or a stalking no contact order,
has presented to a medical facility for medical care or
sexual assault evidence collection, has presented to a
mental health provider for mental health care or
evaluation an independent medical evaluation, or is
engaged in a legal proceeding involving a claim that the
applicant or victim is a victim of human trafficking or

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law enforcement use of force, such action shall constitute
appropriate notification under this Section.
(b-2) For purposes of notification under this Act, a
victim who presents to a medical facility or mental health
provider shall provide information sufficient to fulfill
the requirements of this Section, except that the victim
shall not be required to identify the offender to the
medical or mental health provider.
(b-3) An applicant who is filing a claim that a law
enforcement officer's use of force caused injury or death,
may fulfill the notification requirement by complying with
subsection (b), filing a complaint with the Illinois Law
Enforcement Training Standards Board, filing a lawsuit
against a law enforcement officer or department, or
presenting evidence that the victim has obtained a
settlement or a verdict in a civil suit. An application
filed by an individual presenting evidence of a verdict in
a civil suit must be filed within one year after the
resolution of the civil suit.
(b-4) An applicant may provide notification to a
mental health provider regarding physical or psychological
injuries of the victim or for victims of offenses defined
in Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4
of the Criminal Code of 2012, psychological injuries
resulting from the commission of the crime for which the

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applicant is filing an application. The provider shall
perform an independent medical evaluation and provide the
provider's professional opinion as to whether the injuries
claimed are consistent with having resulted from the
commission of the crime for which the applicant is filing
an application. A mental health provider may seek
reimbursement for an evaluation under this subsection if
the mental health provider is not currently providing
treatment to the applicant, and will not seek
reimbursement from the program for any additional
treatment of the applicant. Otherwise, a mental health
provider may conduct an evaluation under this subsection,
but is ineligible for reimbursement for performing the
evaluation.
Upon completion of the independent medical evaluation,
the mental health provider shall complete a certification
form, signed under oath. The form shall be provided by the
Office of the Attorney General, be available on its
website, and contain the following:
(1) The provider's name, title, license number and
place of employment.
(2) Contact information for the provider.
(3) The provider's relationship with the
applicant.
(4) The date the crime was reported to the
provider.

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(5) The reported crime.
(6) The date and location of the crime.
(7) If there are physical injuries, what injuries
that the mental health provider can attest to being
present on the day of the reporting if they are
consistent with the crime reported to the provider.
(8) If there are psychological injuries, whether
the provider in his or her professional opinion
believes that the injuries presented on the day of the
reporting are consistent with the crime reported to
the provider.
(9) A detailed summary of the incident, as
reported.
(10) Any documentation or photos that relates
relate to the crime of violence for which the
applicant is seeking reimbursement.
(b-5) If a mental health provider who provides a
certification form pursuant to subsection (b-4) seeks
reimbursement from the program for treatment of the
applicant, or an applicant seeks reimbursement for
payments made to the mental health provider for treatment,
compensation for services provided by the mental health
provider shall be limited to Medicare-approved rates.
Pursuant to subsection (g) of Section 10.1, a mental
health provider may not seek reimbursement for services
provided to an applicant if the applicant has not

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exhausted the benefits reasonably available under any
governmental, medical, or health insurance program.
(b-6) If an applicant was receiving treatment from a
mental health provider before the commission of the crime,
and the mental health provider provides a certification
form pursuant to subsection (b-4), the mental health
provider may only seek reimbursement from the program for
treatment that is in addition to the treatment the
applicant was already receiving before the commission of
the crime.
(c) Cooperation. 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 to a medical
facility for medical care or sexual assault evidence
collection, obtained an evaluation independent medical
examination from a mental health provider as described in
subsection (b-4), has taken any of the actions described
in subsection (b-3), 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):

SB0118 Enrolled - 23 - LRB104 08024 KTG 18070 b
(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.
In evaluating cooperation, 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.
(d) If the applicant is not barred from receiving
compensation under Section 10.1.
(e) (Blank).
(f) (Blank).
(g) (Blank).
Furnishing an evaluation as described in subsection (b-4)
or furnishing another document as evidence of notification or
cooperation under this Section may not be construed to waive
any confidentiality or privilege that may exist between the

SB0118 Enrolled - 24 - LRB104 08024 KTG 18070 b
victim or applicant and a third party.
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.
(Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 1-1-25.)
(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
Sec. 7.1. (a) The application form furnished by the Office
of the Attorney General and published on its website shall
include fields for the applicant to set out:
(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;
(3) the date and nature of the crime on which the
application for compensation is based;
(4) the date and place where notification under
Section 6.1 was given and to whom, or the date and place of
issuance of an order of protection, no contact order,
evidence of a legal proceeding involving human
trafficking, or in cases of a law enforcement officer's
use of force, another form of documentation allowable
under Section 6.1;

SB0118 Enrolled - 25 - LRB104 08024 KTG 18070 b
(4.5) if the victim is providing supplemental forms of
documentation, that documentation, the date the victim
obtained that other form of documentation and the type of
documentation;
(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;
(6) the pecuniary loss to the applicant and to such
other persons as are specified under item (2) resulting
from the injury or death;
(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, vehicle, towing, or
liability insurance,
(i) the Criminal Victims' Escrow Account Act,
(j) the Sexual Assault Survivors Emergency
Treatment Act,

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(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;
(9) such other information as the Court of Claims or
the Attorney General reasonably requires; .
(10) whether the applicant is applying for an
emergency award under Section 10.2.
(b) The Attorney General may require that materials
substantiating the facts stated in the application be
submitted with that application.
(b-5) The victim or applicant may provide to the Attorney
General a sworn statement by the victim or applicant that
attests to the victim's or applicant's experience of a crime
or crimes of violence, in addition to documentation required
under this Act. If the victim or applicant has additional
corroborating evidence beyond those described in this Act, the
victim or applicant may provide the following documents: law
enforcement report; medical records; confirmation of sexual
assault evidence collection; order of protection; civil no
contact order, stalking no contact order; photographs; letter
from a service provider who serves victims of crime; affidavit
from a witness of the crime of violence; court record;
military record; or any other corroborating evidence. Such

SB0118 Enrolled - 27 - LRB104 08024 KTG 18070 b
documentation or statement may be used to supplement required
documentation to verify the incident but is not required. If
an applicant is seeking an exception under subsection (b) or
(c-1) of Section 6.1, the applicant shall provide any
additional documentation, information, or statement that
substantiates the facts stated in the 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, 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

SB0118 Enrolled - 28 - LRB104 08024 KTG 18070 b
or pending on or after January 1, 2022.
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
103-1037, eff. 1-1-25.)
(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, and the Attorney General is unable to
otherwise obtain such materials within 45 days of receiving
the claim, 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 days in which to
furnish those items to the Attorney General. The Attorney
General shall report an applicant's failure to comply within
45 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 period.
After an application has been filed, an applicant's
failure to respond to communication from the Office of the
Attorney General or the Court of Claims or a failure to provide
necessary documentation to substantiate the request for
compensation may result in the claim being closed without
compensation. An applicant may submit to have the claim
reopened when the applicant is able to provide missing

SB0118 Enrolled - 29 - LRB104 08024 KTG 18070 b
information and communicate regarding the claim.
Failure to update the Office of the Attorney General with
changes to the applicant's contact information after the
application is submitted to the Office of the Attorney General
may result in applications that are not filed with the Court of
Claims or claims that are closed without compensation.
(Source: P.A. 102-27, eff. 1-1-22; 103-1037, eff. 1-1-25.)
(740 ILCS 45/10.2)
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. The Court shall issue a voucher for payment to the
Comptroller of an emergency award after receiving notice of
the decision to grant the emergency award. If the Comptroller
is not able to release the voucher for payment within 10
business days of receiving a voucher for payment from the
Court, the Comptroller shall notify the Court of Claims.
Emergency awards may be issued to the applicant for the
purpose of paying funeral and burial expenses directly to a
funeral home for expenses that have been incurred or that the
applicant has been quoted, and for relocation expenses

SB0118 Enrolled - 30 - LRB104 08024 KTG 18070 b
incurred or due to be incurred by an applicant. 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. If the amount of emergency
compensation exceeds the actual amount the applicant incurs,
the difference shall be repaid to the State.
(b) Emergency award applicants must satisfy all
requirements under Section 6.1 of this Act.
(c) The Office of the Attorney General shall include a
designated section in the application form described in
Section 7.1 for the applicant to request an emergency award.
(Source: P.A. 102-27, eff. 1-1-22.)