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Full Text of SB3693  97th General Assembly

SB3693enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3693 EnrolledLRB097 17927 AJO 65626 b

1    AN ACT concerning crime victims compensation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-5-6 as follows:
 
6    (730 ILCS 5/5-5-6)  (from Ch. 38, par. 1005-5-6)
7    Sec. 5-5-6. In all convictions for offenses in violation of
8the Criminal Code of 1961 or of Section 11-501 of the Illinois
9Vehicle Code in which the person received any injury to his or
10her person or damage to his or her real or personal property as
11a result of the criminal act of the defendant, the court shall
12order restitution as provided in this Section. In all other
13cases, except cases in which restitution is required under this
14Section, the court must at the sentence hearing determine
15whether restitution is an appropriate sentence to be imposed on
16each defendant convicted of an offense. If the court determines
17that an order directing the offender to make restitution is
18appropriate, the offender may be sentenced to make restitution.
19The court may consider restitution an appropriate sentence to
20be imposed on each defendant convicted of an offense in
21addition to a sentence of imprisonment. The sentence of the
22defendant to a term of imprisonment is not a mitigating factor
23that prevents the court from ordering the defendant to pay

 

 

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1restitution. If the offender is sentenced to make restitution
2the Court shall determine the restitution as hereinafter set
3forth:
4        (a) At the sentence hearing, the court shall determine
5    whether the property may be restored in kind to the
6    possession of the owner or the person entitled to
7    possession thereof; or whether the defendant is possessed
8    of sufficient skill to repair and restore property damaged;
9    or whether the defendant should be required to make
10    restitution in cash, for out-of-pocket expenses, damages,
11    losses, or injuries found to have been proximately caused
12    by the conduct of the defendant or another for whom the
13    defendant is legally accountable under the provisions of
14    Article V of the Criminal Code of 1961.
15        (b) In fixing the amount of restitution to be paid in
16    cash, the court shall allow credit for property returned in
17    kind, for property damages ordered to be repaired by the
18    defendant, and for property ordered to be restored by the
19    defendant; and after granting the credit, the court shall
20    assess the actual out-of-pocket expenses, losses, damages,
21    and injuries suffered by the victim named in the charge and
22    any other victims who may also have suffered out-of-pocket
23    expenses, losses, damages, and injuries proximately caused
24    by the same criminal conduct of the defendant, and
25    insurance carriers who have indemnified the named victim or
26    other victims for the out-of-pocket expenses, losses,

 

 

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1    damages, or injuries, provided that in no event shall
2    restitution be ordered to be paid on account of pain and
3    suffering. When a victim's out-of-pocket expenses have
4    been paid pursuant to the Crime Victims Compensation Act,
5    the court shall order restitution be paid to the
6    compensation program. If a defendant is placed on
7    supervision for, or convicted of, domestic battery, the
8    defendant shall be required to pay restitution to any
9    domestic violence shelter in which the victim and any other
10    family or household members lived because of the domestic
11    battery. The amount of the restitution shall equal the
12    actual expenses of the domestic violence shelter in
13    providing housing and any other services for the victim and
14    any other family or household members living at the
15    shelter. If a defendant fails to pay restitution in the
16    manner or within the time period specified by the court,
17    the court may enter an order directing the sheriff to seize
18    any real or personal property of a defendant to the extent
19    necessary to satisfy the order of restitution and dispose
20    of the property by public sale. All proceeds from such sale
21    in excess of the amount of restitution plus court costs and
22    the costs of the sheriff in conducting the sale shall be
23    paid to the defendant. The defendant convicted of domestic
24    battery, if a person under 18 years of age was present and
25    witnessed the domestic battery of the victim, is liable to
26    pay restitution for the cost of any counseling required for

 

 

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1    the child at the discretion of the court.
2        (c) In cases where more than one defendant is
3    accountable for the same criminal conduct that results in
4    out-of-pocket expenses, losses, damages, or injuries, each
5    defendant shall be ordered to pay restitution in the amount
6    of the total actual out-of-pocket expenses, losses,
7    damages, or injuries to the victim proximately caused by
8    the conduct of all of the defendants who are legally
9    accountable for the offense.
10            (1) In no event shall the victim be entitled to
11        recover restitution in excess of the actual
12        out-of-pocket expenses, losses, damages, or injuries,
13        proximately caused by the conduct of all of the
14        defendants.
15            (2) As between the defendants, the court may
16        apportion the restitution that is payable in
17        proportion to each co-defendant's culpability in the
18        commission of the offense.
19            (3) In the absence of a specific order apportioning
20        the restitution, each defendant shall bear his pro rata
21        share of the restitution.
22            (4) As between the defendants, each defendant
23        shall be entitled to a pro rata reduction in the total
24        restitution required to be paid to the victim for
25        amounts of restitution actually paid by co-defendants,
26        and defendants who shall have paid more than their pro

 

 

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1        rata share shall be entitled to refunds to be computed
2        by the court as additional amounts are paid by
3        co-defendants.
4        (d) In instances where a defendant has more than one
5    criminal charge pending against him in a single case, or
6    more than one case, and the defendant stands convicted of
7    one or more charges, a plea agreement negotiated by the
8    State's Attorney and the defendants may require the
9    defendant to make restitution to victims of charges that
10    have been dismissed or which it is contemplated will be
11    dismissed under the terms of the plea agreement, and under
12    the agreement, the court may impose a sentence of
13    restitution on the charge or charges of which the defendant
14    has been convicted that would require the defendant to make
15    restitution to victims of other offenses as provided in the
16    plea agreement.
17        (e) The court may require the defendant to apply the
18    balance of the cash bond, after payment of court costs, and
19    any fine that may be imposed to the payment of restitution.
20        (f) Taking into consideration the ability of the
21    defendant to pay, including any real or personal property
22    or any other assets of the defendant, the court shall
23    determine whether restitution shall be paid in a single
24    payment or in installments, and shall fix a period of time
25    not in excess of 5 years, except for violations of Sections
26    16-1.3 and 17-56 of the Criminal Code of 1961, or the

 

 

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1    period of time specified in subsection (f-1), not including
2    periods of incarceration, within which payment of
3    restitution is to be paid in full. Complete restitution
4    shall be paid in as short a time period as possible.
5    However, if the court deems it necessary and in the best
6    interest of the victim, the court may extend beyond 5 years
7    the period of time within which the payment of restitution
8    is to be paid. If the defendant is ordered to pay
9    restitution and the court orders that restitution is to be
10    paid over a period greater than 6 months, the court shall
11    order that the defendant make monthly payments; the court
12    may waive this requirement of monthly payments only if
13    there is a specific finding of good cause for waiver.
14        (f-1)(1) In addition to any other penalty prescribed by
15    law and any restitution ordered under this Section that did
16    not include long-term physical health care costs, the court
17    may, upon conviction of any misdemeanor or felony, order a
18    defendant to pay restitution to a victim in accordance with
19    the provisions of this subsection (f-1) if the victim has
20    suffered physical injury as a result of the offense that is
21    reasonably probable to require or has required long-term
22    physical health care for more than 3 months. As used in
23    this subsection (f-1) "long-term physical health care"
24    includes mental health care.
25        (2) The victim's estimate of long-term physical health
26    care costs may be made as part of a victim impact statement

 

 

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1    under Section 6 of the Rights of Crime Victims and
2    Witnesses Act or made separately. The court shall enter the
3    long-term physical health care restitution order at the
4    time of sentencing. An order of restitution made under this
5    subsection (f-1) shall fix a monthly amount to be paid by
6    the defendant for as long as long-term physical health care
7    of the victim is required as a result of the offense. The
8    order may exceed the length of any sentence imposed upon
9    the defendant for the criminal activity. The court shall
10    include as a special finding in the judgment of conviction
11    its determination of the monthly cost of long-term physical
12    health care.
13        (3) After a sentencing order has been entered, the
14    court may from time to time, on the petition of either the
15    defendant or the victim, or upon its own motion, enter an
16    order for restitution for long-term physical care or modify
17    the existing order for restitution for long-term physical
18    care as to the amount of monthly payments. Any modification
19    of the order shall be based only upon a substantial change
20    of circumstances relating to the cost of long-term physical
21    health care or the financial condition of either the
22    defendant or the victim. The petition shall be filed as
23    part of the original criminal docket.
24        (g) In addition to the sentences provided for in
25    Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
26    11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,

 

 

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1    12-14.1, 12-15, and 12-16, and subdivision (a)(4) of
2    Section 11-14.4, of the Criminal Code of 1961, the court
3    may order any person who is convicted of violating any of
4    those Sections or who was charged with any of those
5    offenses and which charge was reduced to another charge as
6    a result of a plea agreement under subsection (d) of this
7    Section to meet all or any portion of the financial
8    obligations of treatment, including but not limited to
9    medical, psychiatric, or rehabilitative treatment or
10    psychological counseling, prescribed for the victim or
11    victims of the offense.
12        The payments shall be made by the defendant to the
13    clerk of the circuit court and transmitted by the clerk to
14    the appropriate person or agency as directed by the court.
15    Except as otherwise provided in subsection (f-1), the order
16    may require such payments to be made for a period not to
17    exceed 5 years after sentencing, not including periods of
18    incarceration.
19        (h) The judge may enter an order of withholding to
20    collect the amount of restitution owed in accordance with
21    Part 8 of Article XII of the Code of Civil Procedure.
22        (i) A sentence of restitution may be modified or
23    revoked by the court if the offender commits another
24    offense, or the offender fails to make restitution as
25    ordered by the court, but no sentence to make restitution
26    shall be revoked unless the court shall find that the

 

 

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1    offender has had the financial ability to make restitution,
2    and he has wilfully refused to do so. When the offender's
3    ability to pay restitution was established at the time an
4    order of restitution was entered or modified, or when the
5    offender's ability to pay was based on the offender's
6    willingness to make restitution as part of a plea agreement
7    made at the time the order of restitution was entered or
8    modified, there is a rebuttable presumption that the facts
9    and circumstances considered by the court at the hearing at
10    which the order of restitution was entered or modified
11    regarding the offender's ability or willingness to pay
12    restitution have not materially changed. If the court shall
13    find that the defendant has failed to make restitution and
14    that the failure is not wilful, the court may impose an
15    additional period of time within which to make restitution.
16    The length of the additional period shall not be more than
17    2 years. The court shall retain all of the incidents of the
18    original sentence, including the authority to modify or
19    enlarge the conditions, and to revoke or further modify the
20    sentence if the conditions of payment are violated during
21    the additional period.
22        (j) The procedure upon the filing of a Petition to
23    Revoke a sentence to make restitution shall be the same as
24    the procedures set forth in Section 5-6-4 of this Code
25    governing violation, modification, or revocation of
26    Probation, of Conditional Discharge, or of Supervision.

 

 

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1        (k) Nothing contained in this Section shall preclude
2    the right of any party to proceed in a civil action to
3    recover for any damages incurred due to the criminal
4    misconduct of the defendant.
5        (l) Restitution ordered under this Section shall not be
6    subject to disbursement by the circuit clerk under Section
7    27.5 of the Clerks of Courts Act.
8        (m) A restitution order under this Section is a
9    judgment lien in favor of the victim that:
10            (1) Attaches to the property of the person subject
11        to the order;
12            (2) May be perfected in the same manner as provided
13        in Part 3 of Article 9 of the Uniform Commercial Code;
14            (3) May be enforced to satisfy any payment that is
15        delinquent under the restitution order by the person in
16        whose favor the order is issued or the person's
17        assignee; and
18            (4) Expires in the same manner as a judgment lien
19        created in a civil proceeding.
20        When a restitution order is issued under this Section,
21    the issuing court shall send a certified copy of the order
22    to the clerk of the circuit court in the county where the
23    charge was filed. Upon receiving the order, the clerk shall
24    enter and index the order in the circuit court judgment
25    docket.
26        (n) An order of restitution under this Section does not

 

 

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1    bar a civil action for:
2            (1) Damages that the court did not require the
3        person to pay to the victim under the restitution order
4        but arise from an injury or property damages that is
5        the basis of restitution ordered by the court; and
6            (2) Other damages suffered by the victim.
7    The restitution order is not discharged by the completion
8of the sentence imposed for the offense.
9    A restitution order under this Section is not discharged by
10the liquidation of a person's estate by a receiver. A
11restitution order under this Section may be enforced in the
12same manner as judgment liens are enforced under Article XII of
13the Code of Civil Procedure.
14    The provisions of Section 2-1303 of the Code of Civil
15Procedure, providing for interest on judgments, apply to
16judgments for restitution entered under this Section.
17(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11;
1897-482, eff. 1-1-12.)
 
19    Section 10. The Crime Victims Compensation Act is amended
20by changing Sections 2, 4.1, 6.1, 7.1, 10.1, 10.2, 13.1, 17,
21and 18 as follows:
 
22    (740 ILCS 45/2)  (from Ch. 70, par. 72)
23    Sec. 2. Definitions. As used in this Act, unless the
24context otherwise requires:

 

 

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1    (a) "Applicant" means any person who applies for
2compensation under this Act or any person the Court of Claims
3finds is entitled to compensation, including the guardian of a
4minor or of a person under legal disability. It includes any
5person who was a dependent of a deceased victim of a crime of
6violence for his or her support at the time of the death of
7that victim.
8    (b) "Court of Claims" means the Court of Claims created by
9the Court of Claims Act.
10    (c) "Crime of violence" means and includes any offense
11defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
1210-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11,
1311-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3, 12-3.1,
1412-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5,
1512-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15, 12-16,
1612-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 except for
17subdivision (a)(4) or (g)(1),, or subdivision (a)(4) of Section
1811-14.4, of the Criminal Code of 1961, Sections 1(a) and 1(a-5)
19of the Cemetery Protection Act, Section 125 of the Stalking No
20Contact Order Act, Section 219 of the Civil No Contact Order
21Act, driving under the influence of intoxicating liquor or
22narcotic drugs as defined in Section 11-501 of the Illinois
23Vehicle Code, and a violation of Section 11-401 of the Illinois
24Vehicle Code, provided the victim was a pedestrian or was
25operating a vehicle moved solely by human power or a mobility
26device at the time of contact, and a violation of Section

 

 

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111-204.1 of the Illinois Vehicle Code; so long as the offense
2did not occur during a civil riot, insurrection or rebellion.
3"Crime of violence" does not include any other offense or
4accident involving a motor vehicle except those vehicle
5offenses specifically provided for in this paragraph. "Crime of
6violence" does include all of the offenses specifically
7provided for in this paragraph that occur within this State but
8are subject to federal jurisdiction and crimes involving
9terrorism as defined in 18 U.S.C. 2331.
10    (d) "Victim" means (1) a person killed or injured in this
11State as a result of a crime of violence perpetrated or
12attempted against him or her, (2) the spouse or parent of a
13person killed or injured in this State as a result of a crime
14of violence perpetrated or attempted against the person, (3) a
15person killed or injured in this State while attempting to
16assist a person against whom a crime of violence is being
17perpetrated or attempted, if that attempt of assistance would
18be expected of a reasonable person under the circumstances, (4)
19a person killed or injured in this State while assisting a law
20enforcement official apprehend a person who has perpetrated a
21crime of violence or prevent the perpetration of any such crime
22if that assistance was in response to the express request of
23the law enforcement official, (5) a person who personally
24witnessed a violent crime, (5.1) solely for the purpose of
25compensating for pecuniary loss incurred for psychological
26treatment of a mental or emotional condition caused or

 

 

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1aggravated by the crime, any other person under the age of 18
2who is the brother, sister, half brother, half sister, child,
3or stepchild of a person killed or injured in this State as a
4result of a crime of violence, (6) an Illinois resident who is
5a victim of a "crime of violence" as defined in this Act
6except, if the crime occurred outside this State, the resident
7has the same rights under this Act as if the crime had occurred
8in this State upon a showing that the state, territory,
9country, or political subdivision of a country in which the
10crime occurred does not have a compensation of victims of
11crimes law for which that Illinois resident is eligible, (7) a
12deceased person whose body is dismembered or whose remains are
13desecrated as the result of a crime of violence, or (8) solely
14for the purpose of compensating for pecuniary loss incurred for
15psychological treatment of a mental or emotional condition
16caused or aggravated by the crime, any parent, spouse, or child
17under the age of 18 of a deceased person whose body is
18dismembered or whose remains are desecrated as the result of a
19crime of violence.
20    (e) "Dependent" means a relative of a deceased victim who
21was wholly or partially dependent upon the victim's income at
22the time of his or her death and shall include the child of a
23victim born after his or her death.
24    (f) "Relative" means a spouse, parent, grandparent,
25stepfather, stepmother, child, grandchild, brother,
26brother-in-law, sister, sister-in-law, half brother, half

 

 

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1sister, spouse's parent, nephew, niece, uncle or aunt.
2    (g) "Child" means an unmarried son or daughter who is under
318 years of age and includes a stepchild, an adopted child or a
4child born out of wedlock.
5    (h) "Pecuniary loss" means, in the case of injury,
6appropriate medical expenses and hospital expenses including
7expenses of medical examinations, rehabilitation, medically
8required nursing care expenses, appropriate psychiatric care
9or psychiatric counseling expenses, expenses for care or
10counseling by a licensed clinical psychologist, licensed
11clinical social worker, licensed professional counselor, or
12licensed clinical professional counselor and expenses for
13treatment by Christian Science practitioners and nursing care
14appropriate thereto; transportation expenses to and from
15medical and counseling treatment facilities; prosthetic
16appliances, eyeglasses, and hearing aids necessary or damaged
17as a result of the crime; replacement costs for clothing and
18bedding used as evidence; costs associated with temporary
19lodging or relocation necessary as a result of the crime,
20including, but not limited to, the first month's rent and
21security deposit of the dwelling that the claimant relocated to
22and other reasonable relocation expenses incurred as a result
23of the violent crime; locks or windows necessary or damaged as
24a result of the crime; the purchase, lease, or rental of
25equipment necessary to create usability of and accessibility to
26the victim's real and personal property, or the real and

 

 

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1personal property which is used by the victim, necessary as a
2result of the crime; the costs of appropriate crime scene
3clean-up; replacement services loss, to a maximum of $1,250
4$1000 per month; dependents replacement services loss, to a
5maximum of $1,250 $1000 per month; loss of tuition paid to
6attend grammar school or high school when the victim had been
7enrolled as a student prior to the injury, or college or
8graduate school when the victim had been enrolled as a day or
9night student prior to the injury when the victim becomes
10unable to continue attendance at school as a result of the
11crime of violence perpetrated against him or her; loss of
12earnings, loss of future earnings because of disability
13resulting from the injury, and, in addition, in the case of
14death, expenses for funeral, burial, and travel and transport
15for survivors of homicide victims to secure bodies of deceased
16victims and to transport bodies for burial all of which may not
17exceed a maximum of $7,500 $5,000 and loss of support of the
18dependents of the victim; in the case of dismemberment or
19desecration of a body, expenses for funeral and burial, all of
20which may not exceed a maximum of $7,500 $5,000. Loss of future
21earnings shall be reduced by any income from substitute work
22actually performed by the victim or by income he or she would
23have earned in available appropriate substitute work he or she
24was capable of performing but unreasonably failed to undertake.
25Loss of earnings, loss of future earnings and loss of support
26shall be determined on the basis of the victim's average net

 

 

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1monthly earnings for the 6 months immediately preceding the
2date of the injury or on $1,250 $1000 per month, whichever is
3less or, in cases where the absences commenced more than 3
4years from the date of the crime, on the basis of the net
5monthly earnings for the 6 months immediately preceding the
6date of the first absence, not to exceed $1,250 per month. If a
7divorced or legally separated applicant is claiming loss of
8support for a minor child of the deceased, the amount of
9support for each child shall be based either on the amount of
10support pursuant to the judgment prior to the date of the
11deceased victim's injury or death, or, if the subject of
12pending litigation filed by or on behalf of the divorced or
13legally separated applicant prior to the injury or death, on
14the result of that litigation. Real and personal property
15includes, but is not limited to, vehicles, houses, apartments,
16town houses, or condominiums. Pecuniary loss does not include
17pain and suffering or property loss or damage.
18    (i) "Replacement services loss" means expenses reasonably
19incurred in obtaining ordinary and necessary services in lieu
20of those the injured person would have performed, not for
21income, but for the benefit of himself or herself or his or her
22family, if he or she had not been injured.
23    (j) "Dependents replacement services loss" means loss
24reasonably incurred by dependents or private legal guardians of
25minor dependents after a victim's death in obtaining ordinary
26and necessary services in lieu of those the victim would have

 

 

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1performed, not for income, but for their benefit, if he or she
2had not been fatally injured.
3    (k) "Survivor" means immediate family including a parent,
4step-father, step-mother, child, brother, sister, or spouse.
5    (l) "Parent" means a natural parent, adopted parent,
6step-parent, or permanent legal guardian of another person.
7(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10;
896-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article
92, Section 1090, eff. 7-1-11; revised 9-30-11.)
 
10    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)
11    Sec. 4.1. In addition to other powers and duties set forth
12in this Act and other powers exercised by the Attorney General,
13the Attorney General shall promulgate rules necessary for him
14to carry out his duties under this Act, investigate all claims
15and prepare and present a report of each applicant's claim to
16the Court of Claims prior to the issuance of an order by the
17Court of Claims, prescribe and furnish all applications,
18notices of intent to file a claim and other forms required to
19be filed in the office of the Attorney General by the terms of
20this Act, and represent the interests of the State of Illinois
21in any hearing before the Court of Claims.
22(Source: P.A. 81-1013.)
 
23    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
24    Sec. 6.1. Right to compensation. A person is entitled to

 

 

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1compensation under this Act if:
2        (a) Within 2 years of the occurrence of the crime, or
3    within one year after a criminal charge indictment of a
4    person for an offense, upon which the claim is based, he
5    files an application, under oath, with the Court of Claims
6    and on a form prescribed in accordance with Section 7.1
7    furnished by the Attorney General. If the person entitled
8    to compensation is under 18 years of age or under other
9    legal disability at the time of the occurrence or becomes
10    legally disabled as a result of the occurrence, he may file
11    the application required by this subsection within 2 years
12    after he attains the age of 18 years or the disability is
13    removed, as the case may be. Legal disability includes a
14    diagnosis of posttraumatic stress disorder.
15        (b) For all crimes of violence, except those listed in
16    subsection (b-1) of this Section, the appropriate law
17    enforcement officials were notified within 72 hours of the
18    perpetration of the crime allegedly causing the death or
19    injury to the victim or, in the event such notification was
20    made more than 72 hours after the perpetration of the
21    crime, the applicant establishes that such notice was
22    timely under the circumstances.
23        (b-1) For victims of offenses defined in Sections
24    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
25    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961, the
26    appropriate law enforcement officials were notified within

 

 

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1    7 days of the perpetration of the crime allegedly causing
2    death or injury to the victim or, in the event that the
3    notification was made more than 7 days after the
4    perpetration of the crime, the applicant establishes that
5    the notice was timely under the circumstances. If the
6    applicant or victim has obtained an order of protection, or
7    a civil no contact order, or a stalking no contact order,
8    or has presented himself or herself to a hospital for
9    sexual assault evidence collection and medical care, such
10    action shall constitute appropriate notification under
11    this subsection (b-1) or subsection (b) of this Section.
12        (c) The applicant has cooperated with law enforcement
13    officials in the apprehension and prosecution of the
14    assailant. If the applicant or victim has obtained an order
15    of protection, or a civil no contact order, or a stalking
16    no contact order or has presented himself or herself to a
17    hospital for sexual assault evidence collection and
18    medical care, such action shall constitute cooperation
19    under this subsection (c).
20        (d) The applicant is not the offender or an accomplice
21    of the offender and the award would not unjustly benefit
22    the offender or his accomplice.
23        (e) The injury to or death of the victim was not
24    substantially attributable to his own wrongful act and was
25    not substantially provoked by the victim.
26(Source: P.A. 95-250, eff. 1-1-08; 95-331, eff. 8-21-07;

 

 

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196-1551, eff. 7-1-11.)
 
2    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
3    Sec. 7.1. (a) The application shall set out:
4    (1) the name and address of the victim;
5    (2) if the victim is deceased, the name and address of the
6applicant and his relationship to the victim, the names and
7addresses of other persons dependent on the victim for their
8support and the extent to which each is so dependent, and other
9persons who may be entitled to compensation for a pecuniary
10loss;
11    (3) the date and nature of the crime on which the
12application for compensation is based;
13    (4) the date and place where and the law enforcement
14officials to whom notification of the crime was given;
15    (5) the nature and extent of the injuries sustained by the
16victim, and the names and addresses of those giving medical and
17hospitalization treatment to the victim;
18    (6) the pecuniary loss to the applicant and to such other
19persons as are specified under item (2) resulting from the
20injury or death;
21    (7) the amount of benefits, payments, or awards, if any,
22payable under:
23    (a) the Workers' Compensation Act,
24    (b) the Dram Shop Act,
25    (c) any claim, demand, or cause of action based upon the

 

 

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1crime-related injury or death,
2    (d) the Federal Medicare program,
3    (e) the State Public Aid program,
4    (f) Social Security Administration burial benefits,
5    (g) Veterans administration burial benefits,
6    (h) life, health, accident or liability insurance,
7    (i) the Criminal Victims' Escrow Account Act, or
8    (j) the Sexual Assault Survivors Emergency Treatment Act,
9    (k) restitution, or
10    (l) (j) from any other source.
11    (8) releases authorizing the surrender to the Court of
12Claims or Attorney General of reports, documents and other
13information relating to the matters specified under this Act
14and rules promulgated in accordance with the Act.
15    (9) such other information as the Court of Claims or the
16Attorney General reasonably requires.
17    (b) The Attorney General may require that materials
18substantiating the facts stated in the application be submitted
19with that application.
20    (c) An applicant, on his own motion, may file an amended
21application or additional substantiating materials to correct
22inadvertent errors or omissions at any time before the original
23application has been disposed of by the Court of Claims. In
24either case, the filing of additional information or of an
25amended application shall be considered for the purpose of this
26Act to have been filed at the same time as the original

 

 

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1application.
2(Source: P.A. 82-956.)
 
3    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
4    Sec. 10.1. Amount of compensation. The amount of
5compensation to which an applicant and other persons are
6entitled shall be based on the following factors:
7    (a) A victim may be compensated for his or her pecuniary
8loss.
9    (b) A dependent may be compensated for loss of support.
10    (c) Any person, even though not dependent upon the victim
11for his or her support, may be compensated for reasonable
12funeral, medical and hospital expenses of the victim to the
13extent to which he or she has paid or become obligated to pay
14such expenses and only after compensation for reasonable
15funeral, medical and hospital expenses of the victim have been
16awarded may compensation be made for reasonable expenses of the
17victim incurred for psychological treatment of a mental or
18emotional condition caused or aggravated by the crime.
19    (d) An award shall be reduced or denied according to the
20extent to which the victim's acts or conduct provoked or
21contributed to his or her injury or death, or the extent to
22which any prior criminal conviction or conduct of the victim
23may have directly or indirectly contributed to the injury or
24death of the victim.
25    (e) An award shall be reduced by the amount of benefits,

 

 

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1payments or awards payable under those sources which are
2required to be listed under item (7) of Section 7.1(a) and any
3other sources except annuities, pension plans, Federal Social
4Security payments payable to dependents of the victim and the
5net proceeds of the first $25,000 of life insurance that would
6inure to the benefit of the applicant, which the applicant or
7any other person dependent for the support of a deceased
8victim, as the case may be, has received or to which he or she
9is entitled as a result of injury to or death of the victim.
10    (f) A final award shall not exceed $10,000 for a crime
11committed prior to September 22, 1979, $15,000 for a crime
12committed on or after September 22, 1979 and prior to January
131, 1986, $25,000 for a crime committed on or after January 1,
141986 and prior to August 7, 1998, or $27,000 for a crime
15committed on or after August 7, 1998. If the total pecuniary
16loss is greater than the maximum amount allowed, the award
17shall be divided in proportion to the amount of actual loss
18among those entitled to compensation.
19    (g) Compensation under this Act is a secondary source of
20compensation and the applicant must show that he or she has
21exhausted the benefits reasonably available under the Criminal
22Victims' Escrow Account Act or any governmental or medical or
23health insurance programs, including but not limited to
24Workers' Compensation, the Federal Medicare program, the State
25Public Aid program, Social Security Administration burial
26benefits, Veterans Administration burial benefits, and life,

 

 

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1health, accident or liability insurance.
2(Source: P.A. 92-427, eff. 1-1-02; 92-651, eff. 7-11-02.)
 
3    (740 ILCS 45/10.2)
4    Sec. 10.2. Emergency awards.
5    (a) If it appears, prior to taking action on an
6application, that the claim is one for which compensation is
7probable, and undue hardship will result to the applicant if
8immediate payment is not made, the Attorney General may
9recommend and the Court may make an emergency award of
10compensation to the applicant, pending a final decision in the
11case, provided the amount of emergency compensation does not
12exceed $2,000. The amount of emergency compensation for funeral
13and burial expenses may not exceed $1,000. The amount of
14emergency compensation shall be deducted from any final award
15made as a result of the claim. The full amount of the emergency
16award if no final award is made shall be repaid by the
17applicant to the State of Illinois.
18    (b) Emergency award applicants must satisfy all
19requirements under Section 6.1 of this Act.
20(Source: P.A. 92-286, eff. 1-1-02.)
 
21    (740 ILCS 45/13.1)  (from Ch. 70, par. 83.1)
22    Sec. 13.1. (a) A hearing before a Commissioner of the Court
23of Claims shall be held for those claims in which:
24    (1) the Court of Claims on its own motion sets a hearing;

 

 

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1    (2) the Attorney General petitions the Court of Claims for
2a hearing;
3    (3) a claim has been disposed of without a hearing and an
4applicant has been denied compensation or has been awarded
5compensation which he thinks is inadequate and he petitions the
6Court of Claims for a hearing within 30 days of the date of
7issuance of the order sought to be reviewed. The petition shall
8set forth the reasons for which review is sought and a
9recitation of any additional evidence the applicant desires to
10present to the Court. A copy of the petition shall be provided
11to the Attorney General. Documentation to be presented at a
12hearing of the Court of Claims must be submitted to the
13Attorney General at least 10 working days before the hearing
14date. Failure to do so may result in a continuance of the
15hearing.
16    (b) At hearings held under this Act before Commissioners of
17the Court of Claims, any statement, document, information or
18matter may be received in evidence if in the opinion of the
19Court or its Commissioner such evidence would contribute to a
20determination of the claim, regardless of whether such evidence
21would be admissible in a court of law.
22    (c) Petition for rehearing.
23        (1) The Court of Claims may order a rehearing of a
24    matter decided after a hearing, if, in reaching its
25    decision:
26            (A) the court has overlooked, misapplied, or

 

 

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1        failed to consider a statute, decision, or directly
2        controlling principle;
3            (B) the court has overlooked or misconceived some
4        material fact or proposition of law; or
5            (C) the court has overlooked or misconceived a
6        material question in the case.
7        (2) A rehearing may not be granted if it is sought
8    merely for the purpose of obtaining a reargument on and
9    reconsideration of matters which have already been fully
10    considered by the court.
11        (3) The petition shall specify which of the grounds in
12    paragraph (1) of this subsection (c) exists and shall
13    specifically designate that portion of the opinion, or the
14    record, or that particular authority, which the petitioner
15    wishes the court to consider. A copy of the petition shall
16    be served on the opposing party. No petition for rehearing
17    shall exceed 10 typewritten pages. No memoranda or briefs
18    in support of a petition for rehearing, and no response to
19    a petition for rehearing, shall be received unless
20    requested by the court.
21(Source: P.A. 83-298.)
 
22    (740 ILCS 45/17)  (from Ch. 70, par. 87)
23    Sec. 17. (a) Subrogation. The Court of Claims may award
24compensation on the condition that the applicant subrogate to
25the State his rights to collect damages from the assailant or

 

 

SB3693 Enrolled- 28 -LRB097 17927 AJO 65626 b

1any third party who may be liable in damages to the applicant.
2In such a case the Attorney General may, on behalf of the
3State, bring an action against an assailant or third party for
4money damages, but must first notify the applicant and give him
5an opportunity to participate in the prosecution of the action.
6The excess of the amount recovered in such action over the
7amount of the compensation offered and accepted or awarded
8under this Act plus costs of the action and attorneys' fees
9actually incurred shall be paid to the applicant.
10    (b) Nothing in this Act affects the right of the applicant
11to seek civil damages from the assailant and any other party,
12but that applicant must give written notice to the Attorney
13General within 10 days after of the making of a claim or the
14filing of an action for such damages, and within 10 days after
15the conclusion of the claim or action. The applicant must
16attach to the written notice a copy of the complaint,
17settlement agreement, jury verdict, or judgment. Failure to
18timely notify the Attorney General of such claims and actions
19at the time they are instituted or at the time an application
20is filed is a willful omission of fact and the applicant
21thereby becomes subject to the provisions of Section 20 of this
22Act.
23    (c) The State has a charge for the amount of compensation
24paid under this Act upon all claims or causes of action against
25an assailant and any other party to recover for the injuries or
26death of a victim which were the basis for that payment of

 

 

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1compensation. At the time compensation is ordered to be paid
2under this Act, the Court of Claims shall give written notice
3of this charge to the applicant. The charge attaches to any
4verdict or judgment entered and to any money or property which
5is recovered on account of the claim or cause of action against
6the assailant or any other party after the notice is given. On
7petition filed by the Attorney General on behalf of the State
8or by the applicant, the circuit court, on written notice to
9all interested parties, shall adjudicate the right of the
10parties and enforce the charge. This subsection does not affect
11the priority of a lien under "AN ACT creating attorney's lien
12and for enforcement of same", filed June 16, 1909, as amended.
13    Only the Court of Claims may reduce the State's lien under
14this Act. The Court of Claims may consider the nature and
15extent of the injury, economic loss, settlements, hospital
16costs, physician costs, attorney's fees and costs, and all
17other appropriate costs. The burden of producing evidence
18sufficient to support the exercise by the Court of Claims of
19its discretion to reduce the amount of a proven charge sought
20to be enforced against the recovery shall rest with the party
21seeking such reduction. The charges of the State described in
22this Section, however, shall take priority over all other liens
23and charges existing under the laws of the State of Illinois.
24    (d) Where compensation is awarded under this Act and the
25person receiving same also receives any sum required to be, and
26that has not been deducted under Section 10.1, he shall refund

 

 

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1to the State the amount of compensation paid to him which would
2have been deducted at the time the award was made.
3    (e) An amount not to exceed 25% of all money recovered
4under subsections (b) or (c) of this Section shall be placed in
5the Violent Crime Victims Assistance Fund to assist with costs
6related to recovery efforts. "Recovery efforts" means those
7activities that are directly attributable to obtaining
8restitution, civil suit recoveries, and other reimbursements.
9    (f) The applicant must give written notice to the Attorney
10General within 10 days after an offender is ordered by a court
11to pay restitution. The applicant shall attach a copy of the
12restitution order or judgment to the written notice. Failure to
13timely notify the Attorney General of court-ordered
14restitution is a willful omission of fact and the applicant
15thereby becomes subject to the provisions of Section 20 of this
16Act. The Attorney General may file a written copy of the Court
17of Claims' decision awarding crime victims compensation in a
18criminal case in which the offender has been ordered to pay
19restitution for the victim's expenses incurred as a result of
20the same criminal conduct. Upon the filing of the order, the
21circuit court clerk shall send restitution payments directly to
22the compensation program for any paid expense reflected in the
23Court of Claims' decision.
24(Source: P.A. 92-286, eff. 1-1-02.)
 
25    (740 ILCS 45/18)  (from Ch. 70, par. 88)

 

 

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1    Sec. 18. Claims against awards.
2    (a) An award is not subject to enforcement, attachment,
3garnishment, or other process, except that an award is not
4exempt from a claim of a creditor to the extent that he or she
5provided products, services, or accommodations the costs of
6which are included in the award.
7    (b) An assignment or agreement to assign a right to
8compensation for loss accruing in the future is unenforceable,
9except:
10        (1) an assignment of a right to compensation for work
11    loss to secure payment of maintenance or child support; or
12        (2) an assignment of a right to compensation to the
13    extent of the cost of products, services, or accommodations
14    necessitated by the injury or death on which the claim is
15    based and are provided or to be provided by the assignee.
16    (c) The court may order that all or a portion of an award
17be paid jointly to the applicant and another person or solely
18and directly to another person to the extent that such other
19person has provided products, services or accommodations, the
20costs of which are included in the award, or to another person
21to the extent that such other person paid or became obligated
22to pay expenses incurred by the victim or applicant. The
23provisions of this amendatory Act of 1994 apply to all pending
24claims in existence on the effective date of this amendatory
25Act of 1994.
26    (d) If an award under subsection (c) of this Section is

 

 

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1offset by the Comptroller, pursuant to the Uncollected State
2Claims Act, the intended individual or entity must credit the
3applicant's or victim's account for the amount ordered by the
4Court of Claims, and the intended individual or entity is
5prohibited from pursuing payment from the applicant or victim
6for any portion that is offset. The Comptroller shall provide
7notice as provided in Section 10.05 of the State Comptroller
8Act.
9(Source: P.A. 92-286, eff. 1-1-02.)
 
10    Section 15. The Health Care Services Lien Act is amended by
11changing Section 30 as follows:
 
12    (770 ILCS 23/30)
13    Sec. 30. Adjudication of rights. On petition filed by the
14injured person or the health care professional or health care
15provider and on the petitioner's written notice to all
16interested adverse parties, the circuit court shall adjudicate
17the rights of all interested parties and enforce their liens. A
18lien created under the Crime Victims Compensation Act may be
19reduced only by the Court of Claims.
20(Source: P.A. 93-51, eff. 7-1-03.)

 

 

SB3693 Enrolled- 33 -LRB097 17927 AJO 65626 b

1 INDEX
2 Statutes amended in order of appearance
3    730 ILCS 5/5-5-6from Ch. 38, par. 1005-5-6
4    740 ILCS 45/2from Ch. 70, par. 72
5    740 ILCS 45/4.1from Ch. 70, par. 74.1
6    740 ILCS 45/6.1from Ch. 70, par. 76.1
7    740 ILCS 45/7.1from Ch. 70, par. 77.1
8    740 ILCS 45/10.1from Ch. 70, par. 80.1
9    740 ILCS 45/10.2
10    740 ILCS 45/13.1from Ch. 70, par. 83.1
11    740 ILCS 45/17from Ch. 70, par. 87
12    740 ILCS 45/18from Ch. 70, par. 88
13    770 ILCS 23/30