(740 ILCS 45/17)
(from Ch. 70, par. 87)
The Court of Claims may award compensation on
that the applicant subrogate to the State his rights to collect damages
from the assailant or any third party who may be liable in damages to the
applicant. In such a case the Attorney General may, on behalf of the State,
bring an action against an assailant or third party for money damages, but must
first notify the applicant and give him an opportunity to participate in
the prosecution of the action. The excess of the amount recovered in such
action over the amount of the compensation offered and accepted or awarded
under this Act plus costs of the action and attorneys' fees actually incurred
shall be paid to the applicant.
(b) Nothing in this Act affects the right of the applicant to seek civil
damages from the assailant and any other party, but that applicant must
give written notice to the Attorney General within 10 days after the making of a claim or
the filing of an action for such damages, and within 10 days after the conclusion of the claim or action. The applicant must attach to the written notice a copy of the complaint, settlement agreement, jury verdict, or judgment. Failure to timely notify the
Attorney General of such claims and actions is a willful omission of fact and
the applicant thereby becomes subject to the provisions of Section 20 of this Act.
(c) The State has a charge for the amount of compensation paid under this
Act upon all claims or causes of action against an assailant and
any other party to recover for the injuries or death of a victim which were
the basis for that payment of compensation. At the time compensation is
ordered to be paid under this Act, the Court of Claims shall give written
notice of this charge to the applicant. The charge attaches to any verdict or
judgment entered and to any money or property which is recovered
on account of the claim or cause of action against the assailant
or any other party after the notice is given. On petition filed by the
Attorney General on behalf of the State or by the applicant, the circuit
court, on written notice to all interested parties, shall adjudicate the
right of the parties and enforce the charge. This subsection does not affect
the priority of a lien under "AN ACT creating attorney's lien and for
enforcement of same", filed June 16, 1909, as amended.
Only the Court of Claims may reduce the State's lien under this Act. The Court of Claims may consider the nature and extent of the injury, economic loss, settlements, hospital costs, physician costs, attorney's fees and costs, and all other appropriate costs. The burden of producing evidence sufficient to support the exercise by the Court of Claims of its discretion to reduce the amount of a proven charge sought to be enforced against the recovery shall rest with the party seeking such reduction. The charges of the State described in this Section, however, shall take priority over all other liens and charges existing under the laws of the State of Illinois.
(d) Where compensation is awarded under this Act and the person receiving
same also receives any sum required to be, and that has not been deducted
under Section 10.1, he shall refund to the State the amount of compensation
paid to him which would have been deducted at the time the award was made.
(e) An amount not to exceed 25% of all money recovered under subsections
(b) or (c) of this Section shall be placed in the Violent Crime Victims
Assistance Fund to assist with costs related to recovery
efforts. "Recovery efforts" means those activities that are directly
attributable to obtaining restitution, civil suit recoveries, and
(f) The applicant must give written notice to the Attorney General within 10 days after an offender is ordered by a court to pay restitution. The applicant shall attach a copy of the restitution order or judgment to the written notice. Failure to timely notify the Attorney General of court-ordered restitution is a willful omission of fact and the applicant thereby becomes subject to the provisions of Section 20 of this Act. The Attorney General may file a written copy of the Court of Claims' decision awarding crime victims compensation in a criminal case in which the offender has been ordered to pay restitution for the victim's expenses incurred as a result of the same criminal conduct. Upon the filing of the order, the circuit court clerk shall send restitution payments directly to the compensation program for any paid expense reflected in the Court of Claims' decision.
(Source: P.A. 97-817, eff. 1-1-13.)