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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
5 | | changing Section 5-905 as follows:
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6 | | (705 ILCS 405/5-905) |
7 | | Sec. 5-905. Law enforcement records. |
8 | | (1) Law Enforcement Records. Inspection and copying of law |
9 | | enforcement records maintained by law enforcement agencies |
10 | | that relate to a minor who has been investigated, arrested, or |
11 | | taken into custody before the minor's 18th birthday shall be |
12 | | restricted to the following and when necessary for the |
13 | | discharge of their official duties: |
14 | | (a) A judge of the circuit court and members of the |
15 | | staff of the court designated by the judge; |
16 | | (b) Law enforcement officers, probation officers or |
17 | | prosecutors or their staff, or, when necessary for the |
18 | | discharge of its official duties in connection with a |
19 | | particular investigation of the conduct of a law |
20 | | enforcement officer, an independent agency or its staff |
21 | | created by ordinance and charged by a unit of local |
22 | | government with the duty of investigating the conduct of |
23 | | law enforcement officers; |
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1 | | (c) The minor, the minor's parents or legal guardian |
2 | | and their attorneys, but only when the juvenile has been |
3 | | charged with an offense; |
4 | | (d) Adult and Juvenile Prisoner Review Boards; |
5 | | (e) Authorized military personnel; |
6 | | (f) Persons engaged in bona fide research, with the |
7 | | permission of the judge of juvenile court and the chief |
8 | | executive of the agency that prepared the particular |
9 | | recording: provided that publication of such research |
10 | | results in no disclosure of a minor's identity and |
11 | | protects the confidentiality of the record; |
12 | | (g) Individuals responsible for supervising or |
13 | | providing temporary or permanent care and custody of |
14 | | minors pursuant to orders of the juvenile court or |
15 | | directives from officials of the Department of Children |
16 | | and Family Services or the Department of Human Services |
17 | | who certify in writing that the information will not be |
18 | | disclosed to any other party except as provided under law |
19 | | or order of court; |
20 | | (h) The appropriate school official only if the agency |
21 | | or officer believes that there is an imminent threat of |
22 | | physical harm to students, school personnel, or others who |
23 | | are present in the school or on school grounds. |
24 | | (A) Inspection and copying shall be limited to |
25 | | law enforcement records transmitted to the appropriate |
26 | | school official or officials whom the school has |
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1 | | determined to have a legitimate educational or safety |
2 | | interest by a local law enforcement agency under a |
3 | | reciprocal reporting system established and maintained |
4 | | between the school district and the local law |
5 | | enforcement agency under Section 10-20.14 of the |
6 | | School Code concerning a minor enrolled in a school |
7 | | within the school district who has been arrested or |
8 | | taken into custody for any of the following offenses: |
9 | | (i) any violation of Article 24 of the |
10 | | Criminal Code of 1961 or the Criminal Code of |
11 | | 2012; |
12 | | (ii) a violation of the Illinois Controlled |
13 | | Substances Act; |
14 | | (iii) a violation of the Cannabis Control Act; |
15 | | (iv) a forcible felony as defined in Section |
16 | | 2-8 of the Criminal Code of 1961 or the Criminal |
17 | | Code of 2012; |
18 | | (v) a violation of the Methamphetamine Control |
19 | | and Community Protection Act; |
20 | | (vi) a violation of Section 1-2 of the |
21 | | Harassing and Obscene Communications Act; |
22 | | (vii) a violation of the Hazing Act; or |
23 | | (viii) a violation of Section 12-1, 12-2, |
24 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
25 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the |
26 | | Criminal Code of 1961 or the Criminal Code of |
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1 | | 2012. |
2 | | The information derived from the law enforcement |
3 | | records shall be kept separate from and shall not |
4 | | become a part of the official school record of that |
5 | | child and shall not be a public record. The |
6 | | information shall be used solely by the appropriate |
7 | | school official or officials whom the school has |
8 | | determined to have a legitimate educational or safety |
9 | | interest to aid in the proper rehabilitation of the |
10 | | child and to protect the safety of students and |
11 | | employees in the school. If the designated law |
12 | | enforcement and school officials deem it to be in the |
13 | | best interest of the minor, the student may be |
14 | | referred to in-school or community based social |
15 | | services if those services are available. |
16 | | "Rehabilitation services" may include interventions by |
17 | | school support personnel, evaluation for eligibility |
18 | | for special education, referrals to community-based |
19 | | agencies such as youth services, behavioral healthcare |
20 | | service providers, drug and alcohol prevention or |
21 | | treatment programs, and other interventions as deemed |
22 | | appropriate for the student. |
23 | | (B) Any information provided to appropriate school |
24 | | officials whom the school has determined to have a |
25 | | legitimate educational or safety interest by local law |
26 | | enforcement officials about a minor who is the subject |
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1 | | of a current police investigation that is directly |
2 | | related to school safety shall consist of oral |
3 | | information only, and not written law enforcement |
4 | | records, and shall be used solely by the appropriate |
5 | | school official or officials to protect the safety of |
6 | | students and employees in the school and aid in the |
7 | | proper rehabilitation of the child. The information |
8 | | derived orally from the local law enforcement |
9 | | officials shall be kept separate from and shall not |
10 | | become a part of the official school record of the |
11 | | child and shall not be a public record. This |
12 | | limitation on the use of information about a minor who |
13 | | is the subject of a current police investigation shall |
14 | | in no way limit the use of this information by |
15 | | prosecutors in pursuing criminal charges arising out |
16 | | of the information disclosed during a police |
17 | | investigation of the minor. For purposes of this |
18 | | paragraph, "investigation" means an official |
19 | | systematic inquiry by a law enforcement agency into |
20 | | actual or suspected criminal activity; |
21 | | (i) The president of a park district. Inspection and |
22 | | copying shall be limited to law enforcement records |
23 | | transmitted to the president of the park district by the |
24 | | Illinois State Police under Section 8-23 of the Park |
25 | | District Code or Section 16a-5 of the Chicago Park |
26 | | District Act concerning a person who is seeking employment |
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1 | | with that park district and who has been adjudicated a |
2 | | juvenile delinquent for any of the offenses listed in |
3 | | subsection (c) of Section 8-23 of the Park District Code |
4 | | or subsection (c) of Section 16a-5 of the Chicago Park |
5 | | District Act. |
6 | | (2) Information identifying victims and alleged victims of |
7 | | sex offenses, shall not be disclosed or open to public |
8 | | inspection under any circumstances. Nothing in this Section |
9 | | shall prohibit the victim or alleged victim of any sex offense |
10 | | from voluntarily disclosing this identity. |
11 | | (2.5) If the minor is a victim of aggravated battery, |
12 | | battery, attempted first degree murder, or other non-sexual |
13 | | violent offense, the identity of the victim may be disclosed |
14 | | to appropriate school officials, for the purpose of preventing |
15 | | foreseeable future violence involving minors, by a local law |
16 | | enforcement agency pursuant to an agreement established |
17 | | between the school district and a local law enforcement agency |
18 | | subject to the approval by the presiding judge of the juvenile |
19 | | court. |
20 | | (3) Relevant information, reports and records shall be |
21 | | made available to the Department of Juvenile Justice when a |
22 | | juvenile offender has been placed in the custody of the |
23 | | Department of Juvenile Justice. |
24 | | (4) Nothing in this Section shall prohibit the inspection |
25 | | or disclosure to victims and witnesses of photographs |
26 | | contained in the records of law enforcement agencies when the |
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1 | | inspection or disclosure is conducted in the presence of a law |
2 | | enforcement officer for purposes of identification or |
3 | | apprehension of any person in the course of any criminal |
4 | | investigation or prosecution. |
5 | | (5) The records of law enforcement officers, or of an |
6 | | independent agency created by ordinance and charged by a unit |
7 | | of local government with the duty of investigating the conduct |
8 | | of law enforcement officers, concerning all minors under 18 |
9 | | years of age must be maintained separate from the records of |
10 | | adults and may not be open to public inspection or their |
11 | | contents disclosed to the public except by order of the court |
12 | | or when the institution of criminal proceedings has been |
13 | | permitted under Section 5-130 or 5-805 or required under |
14 | | Section 5-130 or 5-805 or such a person has been convicted of a |
15 | | crime and is the subject of pre-sentence investigation or when |
16 | | provided by law. |
17 | | (6) Except as otherwise provided in this subsection (6), |
18 | | law enforcement officers, and personnel of an independent |
19 | | agency created by ordinance and charged by a unit of local |
20 | | government with the duty of investigating the conduct of law |
21 | | enforcement officers, may not disclose the identity of any |
22 | | minor in releasing information to the general public as to the |
23 | | arrest, investigation or disposition of any case involving a |
24 | | minor. Any victim or parent or legal guardian of a victim may |
25 | | petition the court to disclose the name and address of the |
26 | | minor and the minor's parents or legal guardian, or both. Upon |
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1 | | a finding by clear and convincing evidence that the disclosure |
2 | | is either necessary for the victim to pursue a civil remedy |
3 | | against the minor or the minor's parents or legal guardian, or |
4 | | both, or to protect the victim's person or property from the |
5 | | minor, then the court may order the disclosure of the |
6 | | information to the victim or to the parent or legal guardian of |
7 | | the victim only for the purpose of the victim pursuing a civil |
8 | | remedy against the minor or the minor's parents or legal |
9 | | guardian, or both, or to protect the victim's person or |
10 | | property from the minor. |
11 | | (7) Nothing contained in this Section shall prohibit law |
12 | | enforcement agencies when acting in their official capacity |
13 | | from communicating with each other by letter, memorandum, |
14 | | teletype or intelligence alert bulletin or other means the |
15 | | identity or other relevant information pertaining to a person |
16 | | under 18 years of age. The information provided under this |
17 | | subsection (7) shall remain confidential and shall not be |
18 | | publicly disclosed, except as otherwise allowed by law. |
19 | | (8) No person shall disclose information under this |
20 | | Section except when acting in the person's official capacity |
21 | | and as provided by law or order of court. |
22 | | (9) The changes made to this Section by Public Act 98-61 |
23 | | apply to law enforcement records of a minor who has been |
24 | | arrested or taken into custody on or after January 1, 2014 (the |
25 | | effective date of Public Act 98-61). |
26 | | (10) Nothing contained in this Section shall prohibit law |
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1 | | enforcement agencies from disclosing law enforcement reports |
2 | | and records to the Attorney General for the purposes of |
3 | | complying with the Crime Victims Compensation Act. |
4 | | (Source: P.A. 103-22, eff. 8-8-23.)
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5 | | Section 10. The Crime Victims Compensation Act is amended |
6 | | by changing Sections 2, 2.5, 4.1, 4.2, 5.1, 6.1, 7.1, 8.1, |
7 | | 10.1, and 18.5 as follows:
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8 | | (740 ILCS 45/2) |
9 | | Sec. 2. Definitions. As used in this Act, unless the |
10 | | context otherwise requires: |
11 | | (a) "Applicant" means any of the following claiming |
12 | | compensation under this Act: a victim, a person who was a |
13 | | dependent of a deceased victim of a crime of violence for the |
14 | | person's support at the time of the death of that victim, a |
15 | | person who legally assumes the obligation or who voluntarily |
16 | | pays the medical or the funeral or burial expenses incurred as |
17 | | a direct result of the crime, and any other person the Court of |
18 | | Claims or the Attorney General finds is entitled to |
19 | | compensation, including the guardian of a minor or of a person |
20 | | under legal disability. |
21 | | (1) A victim. |
22 | | (2) If the victim was a guardian or primary caregiver |
23 | | to an adult who is physically or mentally incapacitated, |
24 | | that adult who is physically or mentally incapacitated. |
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1 | | (3) A guardian of a minor or of a person under legal |
2 | | disability. |
3 | | (4) A person who, at the time the crime occurred, |
4 | | resided in the same dwelling as the victim, solely for the |
5 | | purpose of compensating for any of the following: |
6 | | (A) Pecuniary loss incurred for psychological |
7 | | treatment of a mental or emotional condition caused or |
8 | | aggravated by the crime. |
9 | | (B) Loss of earnings under paragraph (14.5) of |
10 | | subsection (h) for time off from work necessary to |
11 | | provide full time care for the injured victim. |
12 | | (C) Relocation expenses. |
13 | | (5) A person who assumes a legal obligation or |
14 | | voluntarily pays for a victim's medical or funeral or |
15 | | burial expenses. |
16 | | (6) Any other person the Court of Claims or the |
17 | | Attorney General finds is entitled to compensation. |
18 | | The changes made to this subsection by Public Act 101-652 |
19 | | apply to actions commenced or pending on or after January 1, |
20 | | 2022. |
21 | | (b) "Court of Claims" means the Court of Claims created by |
22 | | the Court of Claims Act. |
23 | | (c) "Crime of violence" means and includes any offense |
24 | | defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
25 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
26 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, |
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1 | | 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-3.4, |
2 | | 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, |
3 | | 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or |
4 | | 20-1.1, or Section 12-3.05 except for subdivision (a)(4) or |
5 | | (g)(1), or subdivision (a)(4) of Section 11-14.4, of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012, Sections |
7 | | 1(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of |
8 | | the Stalking No Contact Order Act, Section 219 of the Civil No |
9 | | Contact Order Act, driving under the influence as defined in |
10 | | Section 11-501 of the Illinois Vehicle Code, a violation of |
11 | | Section 11-401 of the Illinois Vehicle Code, provided the |
12 | | victim was a pedestrian or was operating a vehicle moved |
13 | | solely by human power or a mobility device at the time of |
14 | | contact, and a violation of Section 11-204.1 of the Illinois |
15 | | Vehicle Code; so long as the offense did not occur during a |
16 | | civil riot, insurrection or rebellion. "Crime of violence" |
17 | | does not include any other offense or crash involving a motor |
18 | | vehicle except those vehicle offenses specifically provided |
19 | | for in this paragraph. "Crime of violence" does include all of |
20 | | the offenses specifically provided for in this paragraph that |
21 | | occur within this State but are subject to federal |
22 | | jurisdiction and crimes involving terrorism as defined in 18 |
23 | | U.S.C. 2331. |
24 | | (d) "Victim" means (1) a person killed or injured in this |
25 | | State as a result of a crime of violence perpetrated or |
26 | | attempted against him or her, (2) the spouse, parent, or child |
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1 | | of a person killed or injured in this State as a result of a |
2 | | crime of violence perpetrated or attempted against the person, |
3 | | or anyone living in the dwelling household of a person killed |
4 | | or injured in a relationship that is substantially similar to |
5 | | that of a parent, spouse, or child, (3) a person killed or |
6 | | injured in this State while attempting to assist a person |
7 | | against whom a crime of violence is being perpetrated or |
8 | | attempted, if that attempt of assistance would be expected of |
9 | | a reasonable person under the circumstances, (4) a person |
10 | | killed or injured in this State while assisting a law |
11 | | enforcement official apprehend a person who has perpetrated a |
12 | | crime of violence or prevent the perpetration of any such |
13 | | crime if that assistance was in response to the express |
14 | | request of the law enforcement official, (5) a person who |
15 | | personally witnessed a violent crime, (5.05) a person who will |
16 | | be called as a witness by the prosecution to establish a |
17 | | necessary nexus between the offender and the violent crime, |
18 | | (5.1) solely for the purpose of compensating for pecuniary |
19 | | loss incurred for psychological treatment of a mental or |
20 | | emotional condition caused or aggravated by the crime, any |
21 | | other person under the age of 18 who is the grandparent, |
22 | | grandchild, brother, sister, half brother, or half sister of a |
23 | | person killed or injured in this State as a result of a crime |
24 | | of violence, applying solely for the purpose of compensating |
25 | | for pecuniary loss incurred for psychological treatment of a |
26 | | mental or emotional condition caused or aggravated by the |
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1 | | crime, loss of earnings under paragraph (14.5) of subsection |
2 | | (h) for time off from work necessary to provide full time care |
3 | | for the injured victim, or relocation if the crime occurred |
4 | | within the dwelling of the applicant, (5.2) any person who was |
5 | | in a dating relationship with a person killed in this State as |
6 | | a result of a crime of violence, solely for the purpose of |
7 | | compensating for pecuniary loss incurred for psychological |
8 | | treatment of a mental or emotional condition caused or |
9 | | aggravated by the crime, (6) an Illinois resident who is a |
10 | | victim of a "crime of violence" as defined in this Act except, |
11 | | if the crime occurred outside this State, the resident has the |
12 | | same rights under this Act as if the crime had occurred in this |
13 | | State upon a showing that the state, territory, country, or |
14 | | political subdivision of a country in which the crime occurred |
15 | | does not have a compensation of victims of crimes law for which |
16 | | that Illinois resident is eligible, (7) the parent, spouse, or |
17 | | child of a deceased person whose body is dismembered or whose |
18 | | remains are desecrated as the result of a crime of violence, or |
19 | | (8) (blank) , or (9) an individual who is injured or killed in |
20 | | an incident in which a law enforcement officer's use of force |
21 | | caused bodily harm or death to that individual . |
22 | | (e) "Dependent" means a relative of a deceased victim who |
23 | | was wholly or partially dependent upon the victim's income at |
24 | | the time of his or her death and shall include the child of a |
25 | | victim born after his or her death. |
26 | | (f) "Relative" means a spouse, parent, grandparent, |
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1 | | stepfather, stepmother, child, grandchild, brother, |
2 | | brother-in-law, sister, sister-in-law, half brother, half |
3 | | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone |
4 | | living in the dwelling household of a person killed or injured |
5 | | in a relationship that is substantially similar to that of a |
6 | | parent, spouse, or child. |
7 | | (g) "Child" means a son or daughter and includes a |
8 | | stepchild, an adopted child or a child born out of wedlock. |
9 | | (h) "Pecuniary loss" means: |
10 | | (1) in the case of injury, appropriate medical |
11 | | expenses and hospital expenses including expenses of |
12 | | medical examinations, rehabilitation, medically required |
13 | | nursing care expenses, appropriate psychiatric care or |
14 | | psychiatric counseling expenses, appropriate expenses for |
15 | | care or counseling by a licensed clinical psychologist, |
16 | | licensed clinical social worker, licensed professional |
17 | | counselor, or licensed clinical professional counselor and |
18 | | expenses for treatment by Christian Science practitioners |
19 | | and nursing care appropriate thereto; |
20 | | (2) transportation expenses to and from medical and |
21 | | counseling treatment facilities; |
22 | | (3) prosthetic appliances, eyeglasses, and hearing |
23 | | aids necessary or damaged as a result of the crime; |
24 | | (4) expenses incurred for the towing and storage of a |
25 | | victim's vehicle in connection with a crime of violence, |
26 | | to a maximum of $1,000; |
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1 | | (5) costs associated with trafficking tattoo removal |
2 | | by a person authorized or licensed to perform the specific |
3 | | removal procedure ; for victims of offenses defined in |
4 | | Section 10-9 of the Criminal Code of 2012, the victim |
5 | | shall submit a statement under oath on a form prescribed |
6 | | by the Attorney General attesting that the removed tattoo |
7 | | was applied in connection with the commission of the |
8 | | offense ; |
9 | | (6) replacement costs for clothing and bedding used as |
10 | | evidence; |
11 | | (7) costs associated with temporary lodging or |
12 | | relocation necessary as a result of the crime, including, |
13 | | but not limited to, the first 2 months' rent and security |
14 | | deposit of the dwelling that the claimant relocated to and |
15 | | other reasonable relocation expenses incurred as a result |
16 | | of the violent crime; |
17 | | (8) locks , doors, or windows necessary or damaged as a |
18 | | result of the crime; |
19 | | (9) the purchase, lease, or rental of equipment |
20 | | necessary to create usability of and accessibility to the |
21 | | victim's real and personal property, or the real and |
22 | | personal property which is used by the victim, necessary |
23 | | as a result of the crime; "real and personal property" |
24 | | includes, but is not limited to, vehicles, houses, |
25 | | apartments, townhouses, or condominiums; |
26 | | (10) the costs of appropriate crime scene clean-up; |
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1 | | (11) replacement services loss, to a maximum of $1,250 |
2 | | per month, with this amount to be divided in proportion to |
3 | | the amount of the actual loss among those entitled to |
4 | | compensation; |
5 | | (12) dependents replacement services loss, to a |
6 | | maximum of $1,250 per month, with this amount to be |
7 | | divided in proportion to the amount of the actual loss |
8 | | among those entitled to compensation; |
9 | | (13) loss of tuition paid to attend grammar school or |
10 | | high school when the victim had been enrolled as a student |
11 | | prior to the injury, or college or graduate school when |
12 | | the victim had been enrolled as a day or night student |
13 | | prior to the injury when the victim becomes unable to |
14 | | continue attendance at school as a result of the crime of |
15 | | violence perpetrated against him or her; |
16 | | (14) loss of earnings, loss of future earnings because |
17 | | of disability resulting from the injury. Loss of future |
18 | | earnings shall be reduced by any income from substitute |
19 | | work actually performed by the victim or by income the |
20 | | victim would have earned in available appropriate |
21 | | substitute work the victim was capable of performing but |
22 | | unreasonably failed to undertake; loss of earnings and |
23 | | loss of future earnings shall be determined on the basis |
24 | | of the victim's average net monthly earnings for the 6 |
25 | | months immediately preceding the date of the injury or on |
26 | | $2,400 per month, whichever is less, or, in cases where |
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1 | | the absences commenced more than 3 years from the date of |
2 | | the crime, on the basis of the net monthly earnings for the |
3 | | 6 months immediately preceding the date of the first |
4 | | absence, not to exceed $2,400 per month; |
5 | | (14.5) loss of earnings for applicants or loss of |
6 | | future earnings for applicants. The applicant must |
7 | | demonstrate that the loss of earnings is a direct result |
8 | | of circumstances attributed to the crime including, but |
9 | | not limited to, court appearances, funeral preparation and |
10 | | bereavement, receipt of medical or psychological care; |
11 | | loss of earnings and loss of future earnings shall be |
12 | | determined on the basis of the applicant's average net |
13 | | monthly earnings for the 6 months immediately preceding |
14 | | the date of the injury or on $2,400 per month, whichever is |
15 | | less, or, in cases where the absences commenced more than |
16 | | 3 years from the date of the crime, on the basis of the net |
17 | | monthly earnings for the 6 months immediately preceding |
18 | | the date of the first absence, not to exceed $2,400 per |
19 | | month; |
20 | | (15) loss of support of the dependents of the victim. |
21 | | Loss of support shall be determined on the basis of the |
22 | | victim's average net monthly earnings for the 6 months |
23 | | immediately preceding the date of the injury or on $2,400 |
24 | | per month, whichever is less, or, in cases where the |
25 | | absences commenced more than 3 years from the date of the |
26 | | crime, on the basis of the net monthly earnings for the 6 |
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1 | | months immediately preceding the date of the first |
2 | | absence, not to exceed $2,400 per month. If a divorced or |
3 | | legally separated applicant is claiming loss of support |
4 | | for a minor child of the deceased, the amount of support |
5 | | for each child shall be based either on the amount of |
6 | | support pursuant to the judgment prior to the date of the |
7 | | deceased victim's injury or death, or, if the subject of |
8 | | pending litigation filed by or on behalf of the divorced |
9 | | or legally separated applicant prior to the injury or |
10 | | death, on the result of that litigation. Loss of support |
11 | | for minors shall be divided in proportion to the amount of |
12 | | the actual loss among those entitled to such compensation; |
13 | | (16) in the case of death, expenses for reasonable |
14 | | funeral, burial, headstone, cremation, and travel and |
15 | | transport for survivors of homicide victims to secure |
16 | | bodies of deceased victims and to transport bodies for |
17 | | burial all of which may be awarded up to a maximum of |
18 | | $10,000 for each victim. Other individuals that have paid |
19 | | or become obligated to pay funeral , cremation, or burial |
20 | | expenses , including a headstone, for the deceased shall |
21 | | share a maximum award of $10,000, with the award divided |
22 | | in proportion to the amount of the actual loss among those |
23 | | entitled to compensation; and |
24 | | (17) in the case of dismemberment or desecration of a |
25 | | body, expenses for reasonable funeral , and burial, |
26 | | headstone, and cremation, all of which may be awarded up |
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1 | | to a maximum of $10,000 for each victim. Other individuals |
2 | | that have paid or become obligated to pay funeral , |
3 | | cremation, or burial expenses , including a headstone, for |
4 | | the deceased shall share a maximum award of $10,000, with |
5 | | the award divided in proportion to the amount of the |
6 | | actual loss among those entitled to compensation ; and . |
7 | | (19) legal fees resulting from proceedings that became |
8 | | necessary solely because of the crime, including, but not |
9 | | limited to, establishing a legal guardian for the minor |
10 | | victim or the minor child of a victim, or obtaining a |
11 | | restraining order, no contact order, or order of |
12 | | protection, awarded up to a maximum of $3,500. |
13 | | "Pecuniary loss" does not include pain and suffering or |
14 | | property loss or damage. |
15 | | The changes made to this subsection by Public Act 101-652 |
16 | | apply to actions commenced or pending on or after January 1, |
17 | | 2022. |
18 | | (i) "Replacement services loss" means expenses reasonably |
19 | | incurred in obtaining ordinary and necessary services in lieu |
20 | | of those the injured person would have performed, not for |
21 | | income, but for the benefit of himself or herself or his or her |
22 | | family, if he or she had not been injured. |
23 | | (j) "Dependents replacement services loss" means loss |
24 | | reasonably incurred by dependents or private legal guardians |
25 | | of minor dependents after a victim's death in obtaining |
26 | | ordinary and necessary services in lieu of those the victim |
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1 | | would have performed, not for income, but for their benefit, |
2 | | if he or she had not been fatally injured. |
3 | | (k) "Survivor" means immediate family including a parent, |
4 | | stepfather, stepmother, child, brother, sister, or spouse. |
5 | | (l) "Parent" means a natural parent, adopted parent, |
6 | | stepparent, or permanent legal guardian of another person. |
7 | | (m) "Trafficking tattoo" is a tattoo which is applied to a |
8 | | victim in connection with the commission of a violation of |
9 | | Section 10-9 of the Criminal Code of 2012. |
10 | | (n) "Dwelling" means a person's primary home. A person may |
11 | | be required to provide verification or proof of residence |
12 | | including, but not limited to, a lease agreement, utility |
13 | | bill, license registration, document showing the mailing |
14 | | address, pay stub, tax form, or notarized statement. |
15 | | (o) "Dating relationship" means a current, continuous, |
16 | | romantic, courtship, or engagement relationship, often |
17 | | characterized by actions of an intimate or sexual nature or an |
18 | | expectation of affection. "Dating relationship" does not |
19 | | include a casual acquaintanceship or ordinary fraternization |
20 | | between persons in a business or social context. |
21 | | (p) "Medical facility" means a facility for the delivery |
22 | | of health services. "Medical facility" includes, but is not |
23 | | limited to, a hospital, public health center, outpatient |
24 | | medical facility, federally qualified health center, migrant |
25 | | health center, community health center, or State correctional |
26 | | institution. |
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1 | | (q) "Mental health provider" means a licensed clinical |
2 | | psychologist, a licensed clinical social worker, a licensed |
3 | | professional counselor, or a licensed clinical professional |
4 | | counselor as defined in the Mental Health and Developmental |
5 | | Disabilities Code. |
6 | | (r) "Independent medical evaluation" means an assessment |
7 | | by a mental health provider who is not currently providing |
8 | | treatment to the applicant and will not seek reimbursement |
9 | | from the program for continuing treatment after the |
10 | | assessment. A provider may seek reimbursement for the |
11 | | assessment. |
12 | | (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; |
13 | | 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff. |
14 | | 11-17-23.)
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15 | | (740 ILCS 45/2.5) |
16 | | Sec. 2.5. Felony status Felon as victim . A victim's |
17 | | criminal history or felony status shall not automatically |
18 | | prevent compensation to that victim or the victim's family. No |
19 | | compensation may be granted to an applicant under this Act |
20 | | while the applicant is held in a correctional institution. An |
21 | | applicant who is held in a correctional institution may apply |
22 | | for assistance under this Act at any time, but no award of |
23 | | compensation may be considered until the applicant meets the |
24 | | requirements of this Section. However, no compensation may be |
25 | | granted to a victim or applicant under this Act while the |
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1 | | applicant or victim is held in a correctional institution. For |
2 | | purposes of this Section, the death of a felon who is serving a |
3 | | term of parole, probation, or mandatory supervised release |
4 | | shall be considered a discharge from that sentence. |
5 | | A victim who has been convicted of a felony may apply for |
6 | | assistance under this Act at any time but no award of |
7 | | compensation may be considered until the applicant meets the |
8 | | requirements of this Section. |
9 | | The changes made to this Section by this amendatory Act of |
10 | | the 96th General Assembly apply to actions commenced or |
11 | | pending on or after the effective date of this amendatory Act |
12 | | of the 96th General Assembly. |
13 | | (Source: P.A. 101-652, eff. 7-1-21 .)
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14 | | (740 ILCS 45/4.1) (from Ch. 70, par. 74.1) |
15 | | Sec. 4.1. In addition to other powers and duties set forth |
16 | | in this Act and other powers exercised by the Attorney |
17 | | General, the Attorney General shall: |
18 | | (1) investigate all claims and prepare and present an |
19 | | investigatory report and a draft award determination to |
20 | | the Court of Claims for a review period of 28 business |
21 | | days; |
22 | | (2) upon conclusion of the review by the Court of |
23 | | Claims, provide the applicant with a compensation |
24 | | determination letter; |
25 | | (3) prescribe and furnish all applications and other |
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1 | | forms required to be filed in the office of the Attorney |
2 | | General by the terms of this Act; and |
3 | | (4) represent the interests of the State of Illinois |
4 | | in any hearing before the Court of Claims ; and . |
5 | | (5) upon failure to comply with Section 4.2, the |
6 | | Attorney General's office shall have the power to issue |
7 | | subpoenas to compel the production of law enforcement |
8 | | reports maintained by law enforcement agencies. |
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. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
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13 | | (740 ILCS 45/4.2) |
14 | | Sec. 4.2. Cooperation in review of crime victims |
15 | | compensation applications. A law enforcement agency in this |
16 | | State shall, within 15 days of receipt of a written request for |
17 | | a police report made to verify that the requirements of a crime |
18 | | victims compensation application under Section 6.1 of this Act |
19 | | have been met, provide the Attorney General's office with the |
20 | | law enforcement agency's full written report of the |
21 | | investigation of the crime for which an application for |
22 | | compensation has been filed. The law enforcement agency may |
23 | | redact the following from the report: names of confidential |
24 | | sources and informants; locations from which law enforcement |
25 | | conduct surveillance; and information related to issues of |
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1 | | national security the law enforcement agency provided to or |
2 | | received from the United States Department of Homeland |
3 | | Security or another federal law enforcement agency. The |
4 | | Attorney General's office and a law enforcement agency may |
5 | | agree to the redaction of other information in the report or to |
6 | | the provision of necessary information in another format. |
7 | | Within 15 days of receipt of the request, a law enforcement |
8 | | agency shall respond to a written request from the Attorney |
9 | | General's office for additional information necessary to |
10 | | assist the Attorney General's office in making a |
11 | | recommendation for compensation. |
12 | | 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 | | Records that are obtained by the Attorney General's office |
21 | | from a law enforcement agency under this Section for purposes |
22 | | of investigating an application for crime victim compensation |
23 | | shall not be disclosed to the public, including the applicant, |
24 | | by the Attorney General's office. Law enforcement reports or |
25 | | other documentation obtained by the Attorney General's office |
26 | | from an applicant, victim, or third party under this Act for |
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1 | | the purposes of investigating an application for crime victim |
2 | | compensation shall not be disclosed to the public or any |
3 | | individual or entity, not including the individual who |
4 | | supplied the report or documentation, by the Attorney |
5 | | General's office. Any The records obtained by the Attorney |
6 | | General's office to process the application, including but not |
7 | | limited to applications, documents, and photographs , while in |
8 | | the possession of the Attorney General's office, shall be |
9 | | exempt from disclosure by the Attorney General's office under |
10 | | the Freedom of Information Act. |
11 | | (Source: P.A. 100-690, eff. 1-1-19 .)
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12 | | (740 ILCS 45/5.1) (from Ch. 70, par. 75.1) |
13 | | Sec. 5.1. (a) Every hospital licensed under the laws of |
14 | | this State shall display prominently in its emergency room |
15 | | posters giving notification of the existence and general |
16 | | provisions of this Act. The posters may be displayed by |
17 | | physical or electronic means. Such posters shall be provided |
18 | | by the Attorney General. |
19 | | (b) Any law enforcement agency that investigates an |
20 | | offense committed in this State shall inform the victim or any |
21 | | potential applicant contacted during the course of an |
22 | | investigation or arrest regarding of the offense or his |
23 | | dependents concerning the Crime Victims Compensation Program, |
24 | | availability of an award of compensation and advise such |
25 | | persons that any information concerning this Act and the |
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1 | | filing of a claim may be obtained from the office of the |
2 | | Attorney General. |
3 | | (c) The Office of the Attorney General shall make |
4 | | available on its website applications, forms, posters, and |
5 | | general information that law enforcement agencies and |
6 | | hospitals may use to comply with this Section. |
7 | | (Source: P.A. 102-4, eff. 4-27-21.)
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8 | | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1) |
9 | | Sec. 6.1. Right to compensation. A person is entitled to |
10 | | compensation under this Act if: |
11 | | (a) Timing. Within 5 years of the occurrence of the |
12 | | crime, or within one year after a criminal charge of a |
13 | | person for an offense, upon which the claim is based, the |
14 | | applicant presents an application, under oath, to the |
15 | | Attorney General that is filed with the Court of Claims |
16 | | and on a form prescribed in accordance with Section 7.1 |
17 | | furnished by the Attorney General. If the person entitled |
18 | | to compensation is under 18 years of age or under other |
19 | | legal disability at the time of the occurrence or is |
20 | | determined by a court to be under a legal disability as a |
21 | | result of the occurrence, he or she may present the |
22 | | application required by this subsection within 3 years |
23 | | after he or she attains the age of 18 years or the |
24 | | disability is removed, as the case may be. Legal |
25 | | disability includes a diagnosis of posttraumatic stress |
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1 | | disorder. |
2 | | (a-1) The Attorney General and the Court of Claims may |
3 | | accept an application presented after the period provided |
4 | | in subsection (a) if the Attorney General determines that |
5 | | the applicant had good cause for a delay. |
6 | | (b) Notification. The For all crimes of violence, |
7 | | except those listed in subsection (b-1) of this Section, |
8 | | the appropriate law enforcement officials were notified |
9 | | within 72 hours of the perpetration of the crime allegedly |
10 | | causing the death or injury to the victim or, in the event |
11 | | such notification was made more than 72 hours after the |
12 | | perpetration of the crime, the applicant establishes that |
13 | | such notice was timely under the circumstances . If the |
14 | | notification was made more than 72 hours after the |
15 | | perpetration of the crime and the applicant establishes |
16 | | that the notice was timely under the circumstances, the |
17 | | Attorney General and the Court of Claims may extend the |
18 | | time for reporting to law enforcement. |
19 | | For victims of offenses defined in Sections 10-9, |
20 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and |
21 | | 12-14 of the Criminal Code of 1961 or the Criminal Code of |
22 | | 2012, the appropriate law enforcement officials were |
23 | | notified within 7 days of the perpetration of the crime |
24 | | allegedly causing death or injury to the victim or, if the |
25 | | notification was made more than 7 days after the |
26 | | perpetration of the crime, the applicant establishes that |
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1 | | the notice was timely under the circumstances. |
2 | | (b-1) If, in lieu of a law enforcement report, For |
3 | | victims of offenses defined in Sections 10-9, 11-1.20, |
4 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, |
5 | | 12-15, and 12-16 of the Criminal Code of 1961 or the |
6 | | Criminal Code of 2012, the appropriate law enforcement |
7 | | officials were notified within 7 days of the perpetration |
8 | | of the crime allegedly causing death or injury to the |
9 | | victim or, in the event that the notification was made |
10 | | more than 7 days after the perpetration of the crime, the |
11 | | applicant establishes that the notice was timely under the |
12 | | circumstances. If the applicant or victim has obtained an |
13 | | order of protection, a civil no contact order, or a |
14 | | stalking no contact order, has presented himself or |
15 | | herself to a medical facility hospital for medical care or |
16 | | sexual assault evidence collection, has presented to a |
17 | | mental health provider for an independent medical |
18 | | evaluation, or is engaged in a legal proceeding involving |
19 | | a claim that the applicant or victim is a victim of human |
20 | | trafficking or law enforcement use of force , such action |
21 | | shall constitute appropriate notification under this |
22 | | subsection (b-1) or subsection (b) of this Section. |
23 | | (b-2) For purposes of notification under this Act, a |
24 | | victim who presents to a medical facility shall provide |
25 | | information sufficient to fulfill the requirements of this |
26 | | Section, except that the victim shall not be required to |
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1 | | identify the offender to the medical provider. |
2 | | (b-3) An applicant who is filing a claim that a law |
3 | | enforcement officer's use of force caused injury or death, |
4 | | may fulfill the notification requirement by complying with |
5 | | subsection (b), filing a complaint with the Illinois Law |
6 | | Enforcement Training Standards Board, filing a lawsuit |
7 | | against a law enforcement officer or department, or |
8 | | presenting evidence that the victim has obtained a |
9 | | settlement or a verdict in a civil suit. An application |
10 | | filed by an individual presenting evidence of a verdict in |
11 | | a civil suit must be filed within one year after the |
12 | | resolution of the civil suit. |
13 | | (b-4) An applicant may provide notification to a |
14 | | mental health provider regarding physical injuries of the |
15 | | victim or for victims of offenses defined in Sections |
16 | | 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
17 | | 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the |
18 | | Criminal Code of 2012, psychological injuries resulting |
19 | | from the commission of the crime for which the applicant |
20 | | is filing an application. The provider shall perform an |
21 | | independent medical evaluation and provide the provider's |
22 | | professional opinion as to whether the injuries claimed |
23 | | are consistent with having resulted from the commission of |
24 | | the crime for which the applicant is filing an |
25 | | application. |
26 | | Upon completion of the independent medical evaluation, |
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1 | | the mental health provider shall complete a certification |
2 | | form, signed under oath. The form shall be provided by the |
3 | | Office of the Attorney General and contain the following: |
4 | | (1) The provider's name, title, license number and |
5 | | place of employment. |
6 | | (2) Contact information for the provider. |
7 | | (3) The provider's relationship with the |
8 | | applicant. |
9 | | (4) The date the crime was reported to the |
10 | | provider. |
11 | | (5) The reported crime. |
12 | | (6) The date and location of the crime. |
13 | | (7) If there are physical injuries, what injuries |
14 | | that the mental health provider can attest to being |
15 | | present on the day of the reporting if they are |
16 | | consistent with the crime reported to the provider. |
17 | | (8) If there are psychological injuries, whether |
18 | | the provider in his or her professional opinion |
19 | | believes that the injuries presented on the day of the |
20 | | reporting are consistent with the crime reported to |
21 | | the provider. |
22 | | (9) A detailed summary of the incident, as |
23 | | reported. |
24 | | (10) Any documentation or photos that relate to |
25 | | the crime of violence for which the applicant is |
26 | | seeking reimbursement. |
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1 | | (c) Cooperation. The applicant has cooperated with law |
2 | | enforcement officials in the apprehension and prosecution |
3 | | of the assailant. If the applicant or victim has obtained |
4 | | an order of protection, a civil no contact order, or a |
5 | | stalking no contact order, has presented himself or |
6 | | herself to a medical facility hospital for medical care or |
7 | | sexual assault evidence collection, obtained an |
8 | | independent medical examination from a mental health |
9 | | provider as described in subsection (b-4), has taken any |
10 | | of the actions described in subsection (b-3), or is |
11 | | engaged in a legal proceeding involving a claim that the |
12 | | applicant or victim is a victim of human trafficking, such |
13 | | action shall constitute cooperation under this subsection |
14 | | (c). If the victim is under 18 years of age at the time of |
15 | | the commission of the offense, the following shall |
16 | | constitute cooperation under this subsection (c): |
17 | | (1) the applicant or the victim files a police |
18 | | report with a law enforcement agency; |
19 | | (2) a mandated reporter reports the crime to law |
20 | | enforcement; or |
21 | | (3) a person with firsthand knowledge of the crime |
22 | | reports the crime to law enforcement. |
23 | | In evaluating cooperation, the Attorney General and |
24 | | Court of Claims may consider the victim's age, physical |
25 | | condition, psychological state, cultural or linguistic |
26 | | barriers, and compelling health and safety concerns, |
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1 | | including, but not limited to, a reasonable fear of |
2 | | retaliation or harm that would jeopardize the well-being |
3 | | of the victim or the victim's family, and giving due |
4 | | consideration to the degree of cooperation that the victim |
5 | | or derivative victim is capable of in light of the |
6 | | presence of any of these factors, or any other factor the |
7 | | Attorney General considers relevant. |
8 | | (d) If the The applicant is not barred from receiving |
9 | | compensation under Section 10.1 the offender or an |
10 | | accomplice of the offender and the award would not |
11 | | unjustly benefit the offender or his accomplice . |
12 | | (e) (Blank). |
13 | | (f) (Blank). For victims of offenses defined in |
14 | | Section 10-9 of the Criminal Code of 2012, the victim |
15 | | submits a statement under oath on a form prescribed by the |
16 | | Attorney General attesting that the removed tattoo was |
17 | | applied in connection with the commission of the offense. |
18 | | (g) (Blank). In determining whether cooperation has |
19 | | been reasonable, the Attorney General and Court of Claims |
20 | | may consider the victim's age, physical condition, |
21 | | psychological state, cultural or linguistic barriers, and |
22 | | compelling health and safety concerns, including, but not |
23 | | limited to, a reasonable fear of retaliation or harm that |
24 | | would jeopardize the well-being of the victim or the |
25 | | victim's family, and giving due consideration to the |
26 | | degree of cooperation that the victim or derivative victim |
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1 | | is capable of in light of the presence of any of these |
2 | | factors, or any other factor the Attorney General |
3 | | considers relevant. |
4 | | The changes made to this Section by this amendatory Act of |
5 | | the 101st General Assembly apply to actions commenced or |
6 | | pending on or after January 1, 2022. |
7 | | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
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8 | | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1) |
9 | | Sec. 7.1. (a) The application shall set out: |
10 | | (1) the name and address of the victim; |
11 | | (2) if the victim is deceased, the name and address of |
12 | | the applicant and his or her relationship to the victim, |
13 | | the names and addresses of other persons dependent on the |
14 | | victim for their support and the extent to which each is so |
15 | | dependent, and other persons who may be entitled to |
16 | | compensation for a pecuniary loss; |
17 | | (3) the date and nature of the crime on which the |
18 | | application for compensation is based; |
19 | | (4) the date and place where notification under |
20 | | Section 6.1 was given and to whom, or the date and place of |
21 | | issuance of an order of protection, no contact order, |
22 | | evidence of a legal proceeding involving human |
23 | | trafficking, or in cases of a law enforcement officer's |
24 | | use of force, another form of documentation allowable |
25 | | under Section 6.1 and the law enforcement officials to |
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1 | | whom notification of the crime was given ; |
2 | | (4.5) if the victim is providing supplemental forms of |
3 | | documentation, that documentation, the date the victim |
4 | | obtained that other form of documentation and the type of |
5 | | documentation; |
6 | | (5) the nature and extent of the injuries sustained by |
7 | | the victim, and the names and addresses of those giving |
8 | | medical and hospitalization treatment to the victim; |
9 | | (6) the pecuniary loss to the applicant and to such |
10 | | other persons as are specified under item (2) resulting |
11 | | from the injury or death; |
12 | | (7) the amount of benefits, payments, or awards, if |
13 | | any, payable under: |
14 | | (a) the Workers' Compensation Act, |
15 | | (b) the Dram Shop Act, |
16 | | (c) any claim, demand, or cause of action based |
17 | | upon the crime-related injury or death, |
18 | | (d) the Federal Medicare program, |
19 | | (e) the State Public Aid program, |
20 | | (f) Social Security Administration burial |
21 | | benefits, |
22 | | (g) Veterans administration burial benefits, |
23 | | (h) life, health, accident, vehicle, towing, or |
24 | | liability insurance, |
25 | | (i) the Criminal Victims' Escrow Account Act, |
26 | | (j) the Sexual Assault Survivors Emergency |
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1 | | Treatment Act, |
2 | | (k) restitution, or |
3 | | (l) any other source; |
4 | | (8) releases authorizing the surrender to the Court of |
5 | | Claims or Attorney General of reports, documents and other |
6 | | information relating to the matters specified under this |
7 | | Act and rules promulgated in accordance with the Act; |
8 | | (9) such other information as the Court of Claims or |
9 | | the Attorney General reasonably requires. |
10 | | (b) The Attorney General may require that materials |
11 | | substantiating the facts stated in the application be |
12 | | submitted with that application. |
13 | | (b-5) The victim or applicant may provide to the Attorney |
14 | | General a sworn statement by the victim or applicant that |
15 | | attests to the victim's or applicant's experience of a crime |
16 | | or crimes of violence, in addition to documentation required |
17 | | under this Act. If the victim or applicant has additional |
18 | | corroborating evidence beyond those described in this Act, the |
19 | | victim or applicant may provide the following documents: law |
20 | | enforcement report; medical records; confirmation of sexual |
21 | | assault evidence collection; order of protection; civil no |
22 | | contact order, stalking no contact order; photographs; letter |
23 | | from a service provider who serves victims of crime; affidavit |
24 | | from a witness of the crime of violence; court record; |
25 | | military record; or any other corroborating evidence. Such |
26 | | documentation or statement may be used to supplement required |
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1 | | documentation to verify the incident but is not required. If |
2 | | an applicant is seeking an exception under subsection (b) or |
3 | | (c-1) of Section 6.1, the applicant shall provide any |
4 | | additional documentation, information, or statement that |
5 | | substantiates the facts stated in the application. |
6 | | (c) An applicant, on his or her own motion, may file an |
7 | | amended application or additional substantiating materials to |
8 | | correct inadvertent errors or omissions at any time before the |
9 | | original application has been disposed of by the Court of |
10 | | Claims or the Attorney General. In either case, the filing of |
11 | | additional information or of an amended application shall be |
12 | | considered for the purpose of this Act to have been filed at |
13 | | the same time as the original application. |
14 | | For claims submitted on or after January 1, 2022, an |
15 | | amended application or additional substantiating materials to |
16 | | correct inadvertent errors or omissions may be filed at any |
17 | | time before the original application is disposed of by the |
18 | | Attorney General or the Court of Claims. |
19 | | (d) Determinations submitted by the Attorney General to |
20 | | the Court of Claims shall be available to the Court of Claims |
21 | | for review. The Attorney General shall provide the sources and |
22 | | evidence relied upon as a basis for a compensation |
23 | | determination. |
24 | | (e) The changes made to this Section by this amendatory |
25 | | Act of the 101st General Assembly apply to actions commenced |
26 | | or pending on or after January 1, 2022. |
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1 | | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21; |
2 | | 102-905, eff. 1-1-23 .)
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3 | | (740 ILCS 45/8.1) (from Ch. 70, par. 78.1) |
4 | | Sec. 8.1. If an applicant does not submit all materials |
5 | | substantiating his or her claim as requested of him or her by |
6 | | the Attorney General, the Attorney General shall notify the |
7 | | applicant in writing of the specific additional items of |
8 | | information or materials required and that he or she has 45 |
9 | | days in which to furnish those items to the Attorney General. |
10 | | The Attorney General shall report an applicant's failure to |
11 | | comply within 45 days of the foregoing notice to the Court of |
12 | | Claims. No award of compensation shall be made for any portion |
13 | | of the applicant's claim that is not substantiated by the |
14 | | applicant. An applicant may request an extension of time from |
15 | | the Attorney General prior to the expiration of the 45-day |
16 | | period. |
17 | | After an application has been filed, an applicant's |
18 | | failure to respond to communication from the Office of the |
19 | | Attorney General or the Court of Claims or a failure to provide |
20 | | necessary documentation to substantiate the request for |
21 | | compensation may result in the claim being closed without |
22 | | compensation. An applicant may submit to have the claim |
23 | | reopened when the applicant is able to provide missing |
24 | | information and communicate regarding the claim. |
25 | | Failure to update the Office of the Attorney General with |
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1 | | changes to the applicant's contact information after the |
2 | | application is submitted to the Office of the Attorney General |
3 | | may result in applications that are not filed with the Court of |
4 | | Claims or claims that are closed without compensation. |
5 | | (Source: P.A. 102-27, eff. 1-1-22 .)
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6 | | (740 ILCS 45/10.1) (from Ch. 70, par. 80.1) |
7 | | Sec. 10.1. Award of compensation. The awarding of |
8 | | compensation and the amount of compensation to which an |
9 | | applicant and other persons are entitled shall be based on the |
10 | | following factors: |
11 | | (a) Each victim may be compensated for his or her |
12 | | pecuniary loss up to the maximum amount allowable. |
13 | | (b) Each dependent may be compensated for loss of |
14 | | support, as provided in paragraph (15) of subsection (h) |
15 | | of Section 2. |
16 | | (c) Any person, even though not dependent upon the |
17 | | victim for his or her support, may be compensated for |
18 | | reasonable expenses of the victim to the extent to which |
19 | | he or she has paid or become obligated to pay such expenses |
20 | | and only after compensation for reasonable funeral, |
21 | | medical and hospital expenses of the victim have been |
22 | | awarded may compensation be made for reasonable expenses |
23 | | of the victim incurred for psychological treatment of a |
24 | | mental or emotional condition caused or aggravated by the |
25 | | crime. Persons that have paid or become obligated to pay |
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1 | | expenses for a victim shall share the maximum award with |
2 | | the amount divided in proportion to the amount of the |
3 | | actual loss among those entitled to compensation. |
4 | | (d) Except for claims listed under subsection (d-1) of |
5 | | this Section, an An award shall be reduced or denied |
6 | | according to the extent to which the victim's injury or |
7 | | death was caused by provocation or incitement by the |
8 | | victim or the victim assisting, attempting, or committing |
9 | | a criminal act. A denial or reduction shall not |
10 | | automatically bar the survivors of homicide victims from |
11 | | receiving compensation for counseling, crime scene |
12 | | cleanup, relocation, funeral or burial costs, and loss of |
13 | | support if the survivor's actions have not initiated, |
14 | | provoked, or aggravated the suspect into initiating the |
15 | | qualifying crime. |
16 | | (d-1) For claims that a law enforcement officer's use |
17 | | of force resulted in injury or death to a victim, an award |
18 | | shall be reduced or denied to the extent by which the |
19 | | victim's behavior posed an imminent threat of death or |
20 | | serious bodily injury to the law enforcement officer or |
21 | | another person and such behavior of the victim was a |
22 | | direct and proximate cause of the victim's injury or |
23 | | death. If a police report has been made, the police report |
24 | | shall not be the sole factor if the Attorney General or |
25 | | Court of Claims has identified reliable information that |
26 | | conflicts with the police report. |
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1 | | (d-2) A person who is criminally responsible for the |
2 | | crime upon which a claim is based or an accomplice of such |
3 | | person shall not be eligible to receive an award with |
4 | | respect to such claim. A member of the family of a person |
5 | | criminally responsible for the crime upon which a claim is |
6 | | based or a member of the family of an accomplice of such |
7 | | person shall be eligible to receive an award, unless the |
8 | | person criminally responsible will receive substantial |
9 | | economic benefit or unjust enrichment from the |
10 | | compensation. In no event shall an applicant be denied |
11 | | compensation solely because of the applicant's or the |
12 | | victim's familial relationship with the offender or |
13 | | because of the sharing of a dwelling by the victim or |
14 | | applicant and the offender. |
15 | | (d-3) A denial or reduction shall not automatically |
16 | | bar the survivors of homicide victims from receiving |
17 | | compensation for counseling, crime scene cleanup, |
18 | | relocation, funeral or burial costs, and loss of support. |
19 | | (e) An award shall be reduced by the amount of |
20 | | benefits, payments or awards payable under those sources |
21 | | which are required to be listed under item (7) of Section |
22 | | 7.1(a) and any other sources except annuities, pension |
23 | | plans, Federal Social Security payments payable to |
24 | | dependents of the victim and the net proceeds of the first |
25 | | $25,000 of life insurance that would inure to the benefit |
26 | | of the applicant, which the applicant or any other person |
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1 | | dependent for the support of a deceased victim, as the |
2 | | case may be, has received or to which he or she is entitled |
3 | | as a result of injury to or death of the victim. |
4 | | (f) A final award shall not exceed $10,000 for a crime |
5 | | committed prior to September 22, 1979, $15,000 for a crime |
6 | | committed on or after September 22, 1979 and prior to |
7 | | January 1, 1986, $25,000 for a crime committed on or after |
8 | | January 1, 1986 and prior to August 7, 1998, $27,000 for a |
9 | | crime committed on or after August 7, 1998 and prior to |
10 | | August 7, 2022, or $45,000 per victim for a crime |
11 | | committed on or after August 7, 2022. For any applicant |
12 | | who is not a victim, if the total pecuniary loss is greater |
13 | | than the maximum amount allowed, the award shall be |
14 | | divided in proportion to the amount of actual loss among |
15 | | those entitled to compensation who are not victims. |
16 | | (g) Compensation under this Act is a secondary source |
17 | | of compensation and the applicant must show that he or she |
18 | | has exhausted the benefits reasonably available under the |
19 | | Criminal Victims' Escrow Account Act or any governmental |
20 | | or medical or health insurance programs, including, but |
21 | | not limited to, Workers' Compensation, the Federal |
22 | | Medicare program, the State Public Aid program, Social |
23 | | Security Administration burial benefits, and Veterans |
24 | | Administration burial benefits, and life, health, |
25 | | accident, full vehicle coverage (including towing |
26 | | insurance, if available), or liability insurance. |
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1 | | Crowdfunding resources available to applicants are not |
2 | | considered collateral sources of payment, regardless of |
3 | | any statements made about what expenses the crowdfunding |
4 | | resources will be used to pay. |
5 | | (Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23; |
6 | | 103-564, eff. 11-17-23.)
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7 | | (740 ILCS 45/18.5) |
8 | | Sec. 18.5. Restrictions on collection of debts incurred by |
9 | | crime victims. |
10 | | (a) Within 10 business days after the filing of a claim, |
11 | | the Office of the Attorney General shall issue an applicant a |
12 | | written notice of the crime victim compensation claim and |
13 | | inform the applicant that the applicant may provide a copy of |
14 | | the written notice to vendors to have debt collection |
15 | | activities cease while the claim is pending. |
16 | | (b) An applicant may provide a copy of the written notice |
17 | | to a vendor waiting for payment of a related debt. A vendor |
18 | | that receives notice of the filing of a claim under this Act |
19 | | with the Court of Claims or Attorney General must cease all |
20 | | debt collection activities against the applicant for a related |
21 | | debt. A vendor that assists an applicant to complete or submit |
22 | | an application for compensation or a vendor that submits a |
23 | | bill to the Office of the Attorney General has constructive |
24 | | notice of the filing of the claim and must not engage in debt |
25 | | collection activities against the applicant for a related |
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1 | | debt. If the Court of Claims or Attorney General awards |
2 | | compensation for the related debt, a vendor shall not engage |
3 | | in debt collection activities while payment is pending. If the |
4 | | Court of Claims denies compensation for a vendor's bill for |
5 | | the related debt or a portion thereof, the vendor may not |
6 | | engage in debt collection activities until 45 days after the |
7 | | date of notice from the Court of Claims or the Attorney General |
8 | | denying compensation in whole or in part. |
9 | | (c) A vendor that has notice of a compensation claim may : |
10 | | (1) submit a written request to the Attorney General for |
11 | | notification of the Attorney General's decision involving a |
12 | | related debt. The Attorney General shall provide notification |
13 | | of payment or denial of payment within 30 days of its decision ; |
14 | | (2) submit a bill for a related debt to the Office of the |
15 | | Attorney General; and (3) contact the Office of the Attorney |
16 | | General to inquire about the status of the claim . |
17 | | (d) The statute of limitations for collection of a related |
18 | | debt is tolled upon the filing of the claim with the Court of |
19 | | Claims and all civil actions in court against the applicant |
20 | | for a related debt shall be stayed until 45 days after the |
21 | | Attorney General denies or the Court of Claims enters an order |
22 | | denying compensation for the related debt or portion thereof. |
23 | | (d-5) Any vendor that violates the provisions of this |
24 | | Section may be held liable to the affected victim or applicant |
25 | | in an action brought in a court of competent jurisdiction for |
26 | | such legal or equitable relief as may be appropriate to |
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1 | | effectuate the purposes of this Section. |
2 | | (e) As used in this Section: |
3 | | (1) "Crime victim" means a victim of a violent crime |
4 | | or an applicant as defined in this Act. |
5 | | (2) "Debt collection activities" means: |
6 | | (A) communicating with, harassing, or intimidating |
7 | | the crime victim for payment, including, but not |
8 | | limited to : , |
9 | | (i) repeatedly calling or writing to the crime |
10 | | victim or applicant or his or her relatives or |
11 | | employers; |
12 | | (ii) calling or writing to the victim or |
13 | | applicant or his or her relatives or employers |
14 | | after an explicit request to cease contact; and |
15 | | (iii) threatening to refer the related debt to |
16 | | a debt collection agency or to an attorney for |
17 | | collection, enforcement, or the filing of other |
18 | | process; |
19 | | (B) contacting a credit ratings agency or |
20 | | distributing information to affect the crime victim's |
21 | | credit rating as a result of the related debt; |
22 | | (C) referring a bill, or portion thereof, to a |
23 | | collection agency or attorney for collection action |
24 | | against the crime victim; or |
25 | | (D) taking any other action adverse to the crime |
26 | | victim or his or her family on account of the related |
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1 | | debt. |
2 | | "Debt collection activities" does not include billing |
3 | | insurance or other government programs, routine inquiries |
4 | | about coverage by private insurance or government |
5 | | programs, or routine billing that indicates that the |
6 | | amount is not due pending resolution of the crime victim |
7 | | compensation claim. |
8 | | (3) "Related debt" means a debt or expense for |
9 | | hospital, medical, dental, or counseling services incurred |
10 | | by or on behalf of a crime victim as a direct result of the |
11 | | crime. |
12 | | (4) "Vendor" includes persons, providers of service, |
13 | | vendors' agents, debt collection agencies, and attorneys |
14 | | hired by a vendor. |
15 | | (Source: P.A. 102-27, eff. 1-1-22 .)
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