Illinois Compiled Statutes
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CIVIL LIABILITIES740 ILCS 45/1
(740 ILCS 45/) Crime Victims Compensation Act.
(740 ILCS 45/1)
(from Ch. 70, par. 71)
This Act shall be known and may be cited as the "Crime Victims
(Source: P.A. 78-359.)
740 ILCS 45/2
(740 ILCS 45/2)
(from Ch. 70, par. 72)
As used in this Act, unless the context
(a) "Applicant" means any person who applies for compensation under this
Act or any person the Court of Claims finds is entitled to compensation,
including the guardian of a minor or of a person under legal disability. It
includes any person who was a dependent of a deceased victim of a crime of
violence for his or her support at the time of the death of that victim.
(b) "Court of Claims" means the Court of Claims created by the Court
of Claims Act.
(c) "Crime of violence" means and includes any offense defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-3, 12-3.1, 12-3.2,
12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of the Stalking No Contact Order Act, Section 219 of the Civil No Contact Order Act, driving under
the influence as defined in Section
11-501 of the Illinois Vehicle Code, a violation of Section 11-401 of the Illinois Vehicle Code, provided the victim was a pedestrian or was operating a vehicle moved solely by human power or a mobility device at the time of contact, and a violation of Section 11-204.1 of the Illinois Vehicle Code; so long as the offense did not occur
during a civil riot, insurrection or rebellion. "Crime of violence" does not
include any other offense or accident involving a motor vehicle except those
vehicle offenses specifically provided for in this paragraph. "Crime of
violence" does include all of the offenses specifically provided for in this
paragraph that occur within this State but are subject to federal jurisdiction
and crimes involving terrorism as defined in 18 U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in this State as a
result of a crime of violence perpetrated or attempted against him or her,
spouse or parent of a person killed or injured in this State as a result of a crime of
violence perpetrated or attempted against the person, (3) a person killed
or injured in this State while attempting to assist a person against whom a
crime of violence is being perpetrated or attempted, if that attempt of
assistance would be expected of a reasonable person under the circumstances,
(4) a person killed or injured in this State while assisting a law
enforcement official apprehend a person who has perpetrated a crime of
violence or prevent the perpetration of any such crime if that
assistance was in response to the express request of the law enforcement
official, (5) a person who personally
witnessed a violent crime, (5.1) solely
for the purpose of compensating for pecuniary loss incurred for
psychological treatment of a mental or emotional condition caused or aggravated
by the crime, any other person under the age of 18 who is the brother, sister,
half brother, half sister, child, or stepchild
of a person killed or injured in
this State as a
result of a crime of violence, (6) an Illinois resident
who is a victim of a "crime of violence" as defined in this Act except, if
the crime occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon a showing
that the state, territory, country, or political subdivision of a country
in which the crime occurred does not have a compensation of victims of
crimes law for which that Illinois resident is eligible, (7) a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence, or (8) solely for the purpose of compensating for pecuniary loss incurred for psychological treatment of a mental or emotional condition caused or aggravated by the crime, any parent, spouse, or child under the age of 18 of a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence.
(e) "Dependent" means a relative of a deceased victim who was wholly or
partially dependent upon the victim's income at the time of his or her
and shall include the child of a victim born after his or her death.
(f) "Relative" means a spouse, parent, grandparent, stepfather, stepmother,
child, grandchild, brother, brother-in-law, sister, sister-in-law, half
brother, half sister, spouse's parent, nephew, niece, uncle or aunt.
(g) "Child" means an unmarried son or daughter who is under 18 years of
age and includes a stepchild, an adopted child or a child born out of wedlock.
(h) "Pecuniary loss" means, in the case of injury, appropriate medical
expenses and hospital expenses including expenses of medical
examinations, rehabilitation, medically required
nursing care expenses, appropriate
psychiatric care or psychiatric counseling expenses, expenses for care or
counseling by a licensed clinical psychologist, licensed clinical social
worker, licensed professional counselor, or licensed clinical professional counselor and expenses for treatment by Christian Science practitioners and
nursing care appropriate thereto; transportation expenses to and from medical and counseling treatment facilities; prosthetic appliances, eyeglasses, and
hearing aids necessary or damaged as a result of the
crime; costs associated with trafficking tattoo removal by a person authorized or licensed to perform the specific removal procedure; replacement costs for clothing and bedding used as evidence; costs
associated with temporary lodging or relocation necessary as a
result of the crime, including, but not limited to, the first month's rent and security deposit of the dwelling that the claimant relocated to and other reasonable relocation expenses incurred as a result of the violent crime;
locks or windows necessary or damaged as a result of the crime; the purchase,
lease, or rental of equipment necessary to create usability of and
accessibility to the victim's real and personal property, or the real and
personal property which is used by the victim, necessary as a result of the
crime; the costs of appropriate crime scene clean-up;
services loss, to a maximum of $1,250 per month;
services loss, to a maximum of $1,250 per month; loss of tuition paid to
attend grammar school or high school when the victim had been enrolled as a
student prior to the injury, or college or graduate school when
the victim had been enrolled as a day or night student prior to
the injury when the victim becomes unable to continue attendance at school
as a result of the crime of violence perpetrated against him or her; loss
earnings, loss of future earnings because of disability resulting from the
injury, and, in addition, in the case of death, expenses for funeral, burial, and travel and transport for survivors
of homicide victims to secure bodies of deceased victims and to transport
bodies for burial all of which
may not exceed a maximum of $7,500 and loss of support of the dependents of
the victim; in the case of dismemberment or desecration of a body, expenses for funeral and burial, all of which may not exceed a maximum of $7,500.
Loss of future earnings shall be reduced by any income from substitute work
actually performed by the victim or by income he or she would have earned
available appropriate substitute work he or she was capable of performing
unreasonably failed to undertake. Loss of earnings, loss of future
earnings and loss of support shall be determined on the basis of the
victim's average net monthly earnings for the 6 months immediately
preceding the date of the injury or on $1,250 per month, whichever is less or, in cases where the absences commenced more than 3 years from the date of the crime, on the basis of the net monthly earnings for the 6 months immediately preceding the date of the first absence, not to exceed $1,250 per month.
If a divorced or legally separated applicant is claiming loss of support
for a minor child of the deceased, the amount of support for each child
shall be based either on the amount of support
pursuant to the judgment prior to the date of the deceased
victim's injury or death, or, if the subject of pending litigation filed by
or on behalf of the divorced or legally separated applicant prior to the
injury or death, on the result of that litigation. Real and personal
property includes, but is not limited to, vehicles, houses, apartments,
town houses, or condominiums. Pecuniary loss does not
include pain and suffering or property loss or damage.
(i) "Replacement services loss" means expenses reasonably incurred in
obtaining ordinary and necessary services in lieu of those the
injured person would have performed, not for income, but for the benefit
of himself or herself or his or her family, if he or she had not
(j) "Dependents replacement services loss" means loss reasonably incurred
by dependents or private legal guardians of minor dependents after a victim's death in obtaining ordinary and necessary
services in lieu of those the victim would have performed, not for income,
but for their benefit, if he or she had not been fatally injured.
(k) "Survivor" means immediate family including a parent, step-father,
brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent, step-parent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a victim in connection with the commission of a violation of Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)
740 ILCS 45/2.5
(740 ILCS 45/2.5)
Felon as victim.
Notwithstanding paragraph (d) of Section 2,
"victim" does not
include a person who is convicted of a felony until that person is discharged
probation or is released from a correctional institution and has been
discharged from parole or mandatory supervised release, if any.
For purposes of this Section, the death of a felon who is serving a term of parole, probation, or mandatory supervised release shall be considered a discharge from that sentence. No compensation may be granted to an applicant under this Act
during a period
of time that the applicant is held in a correctional institution.
A victim who has been convicted of a felony may apply for assistance
under this Act at any time but no award of compensation may be considered
until the applicant meets the requirements of this Section.
The changes made to this Section by this amendatory Act of the 96th General Assembly apply to actions commenced or pending on or after the effective date of this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-267, eff. 8-11-09.)
740 ILCS 45/3.1
(740 ILCS 45/3.1)
(from Ch. 70, par. 73.1)
In addition to other powers and duties set forth in the Court
of Claims Act and this Act, the Court of Claims shall have power to issue
subpoenas, to administer oaths, to conduct hearings required by this Act
and to promulgate all rules necessary thereto, and to prepare an annual report.
(Source: P.A. 81-1013.)
740 ILCS 45/4.1
(740 ILCS 45/4.1)
(from Ch. 70, par. 74.1)
In addition to other powers and duties set forth in this Act
and other powers exercised by the Attorney General, the Attorney General
shall investigate all claims and prepare and present a report of each
applicant's claim to the Court of Claims prior to the issuance of an order
by the Court of Claims, prescribe and furnish all applications and other forms required to be filed in the office
of the Attorney General by the terms of this Act, and represent the interests
of the State of Illinois in any hearing before the Court of Claims.
(Source: P.A. 97-817, eff. 1-1-13.)
740 ILCS 45/5.1
(740 ILCS 45/5.1)
(from Ch. 70, par. 75.1)
(a) Every hospital licensed under the laws of this State shall
display prominently in its emergency room posters giving notification of
the existence and general provisions of this Act. Such posters shall be
provided by the Attorney General.
(b) Any law enforcement agency that investigates an offense committed
in this State shall inform the victim of the offense or his dependents concerning
the availability of an award of compensation and advise such persons that
any information concerning this Act and the filing of a claim may be obtained
from the office of the Attorney General.
(Source: P.A. 81-1013.)
740 ILCS 45/6.1
(740 ILCS 45/6.1)
(from Ch. 70, par. 76.1)
Right to compensation.
A person is entitled to compensation
under this Act if:
(a) Within 2 years of the occurrence of the crime, or
within one year after a criminal charge of a person for an offense, upon which the claim is based, he files an application, under oath, with the Court of Claims and on a form prescribed in accordance with Section 7.1 furnished by the Attorney General. If the person entitled to compensation is under 18 years of age or under other legal disability at the time of the occurrence or becomes legally disabled as a result of the occurrence, he may file the application required by this subsection within 2 years after he attains the age of 18 years or the disability is removed, as the case may be. Legal disability includes a diagnosis of posttraumatic stress disorder.
(b) For all crimes of violence, except those listed
in subsection (b-1) of this Section, the appropriate law enforcement officials were notified within 72 hours of the perpetration of the crime allegedly causing the death or injury to the victim or, in the event such notification was made more than 72 hours after the perpetration of the crime, the applicant establishes that such notice was timely under the circumstances.
(b-1) For victims of offenses defined in Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the appropriate law enforcement officials were notified within 7 days of the perpetration of the crime allegedly causing death or injury to the victim or, in the event that the notification was made more than 7 days after the perpetration of the crime, the applicant establishes that the notice was timely under the circumstances. If the applicant or victim has obtained an order of protection, a civil no contact order, or a stalking no contact order, or has presented himself or herself to a hospital for sexual assault evidence collection and medical care, such action shall constitute appropriate notification under this subsection (b-1) or subsection (b) of this Section.
(c) The applicant has cooperated with law enforcement
officials in the apprehension and prosecution of the assailant. If the applicant or victim has obtained an order of protection, a civil no contact order, or a stalking no contact order or has presented himself or herself to a hospital for sexual assault evidence collection and medical care, such action shall constitute cooperation under this subsection (c).
(d) The applicant is not the offender or an
accomplice of the offender and the award would not unjustly benefit the offender or his accomplice.
(e) The injury to or death of the victim was not
substantially attributable to his own wrongful act and was not substantially provoked by the victim.
(f) For victims of offenses defined in Section 10-9
of the Criminal Code of 2012, the victim submits a statement under oath on a form prescribed by the Attorney General attesting that the removed tattoo was applied in connection with the commission of the offense.
(Source: P.A. 97-817, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)
740 ILCS 45/7.1
(740 ILCS 45/7.1)
(from Ch. 70, par. 77.1)
(a) The application shall set out:
(1) the name and address of the victim;
(2) if the victim is deceased, the name and address
of the applicant and his relationship to the victim, the names and addresses of other persons dependent on the victim for their support and the extent to which each is so dependent, and other persons who may be entitled to compensation for a pecuniary loss;
(3) the date and nature of the crime on which the
application for compensation is based;
(4) the date and place where and the law enforcement
officials to whom notification of the crime was given;
(5) the nature and extent of the injuries sustained
by the victim, and the names and addresses of those giving medical and hospitalization treatment to the victim;
(6) the pecuniary loss to the applicant and to such
other persons as are specified under item (2) resulting from the injury or death;
(7) the amount of benefits, payments, or awards, if
(a) the Workers' Compensation Act,
(b) the Dram Shop Act,
(c) any claim, demand, or cause of action based
upon the crime-related injury or death,
(d) the Federal Medicare program,
(e) the State Public Aid program,
(f) Social Security Administration burial
(g) Veterans administration burial benefits,
(h) life, health, accident or liability insurance,
(i) the Criminal Victims' Escrow Account Act,
(j) the Sexual Assault Survivors Emergency
(k) restitution, or
(l) any other source;
(8) releases authorizing the surrender to the Court
of Claims or Attorney General of reports, documents and other information relating to the matters specified under this Act and rules promulgated in accordance with the Act;
(9) such other information as the Court of Claims or
the Attorney General reasonably requires.
(b) The Attorney General may require that materials substantiating
the facts stated in the application be submitted with that application.
(c) An applicant, on his own motion, may file an amended application
or additional substantiating materials to correct inadvertent errors or
omissions at any time before the original application has been disposed
of by the Court of Claims. In either case, the filing of additional
information or of an amended application shall be considered for the
purpose of this Act to have been filed at the same time as the original
(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13.)
740 ILCS 45/8.1
(740 ILCS 45/8.1)
(from Ch. 70, par. 78.1)
If an applicant does not submit all materials substantiating
his claim as requested of him by the Attorney General, the Attorney General
shall notify the applicant in writing of the specific additional items
of information or materials required and that he has 30 days in which to
furnish those items to the Attorney General. The Attorney General shall
report an applicant's failure to comply within 30 days of the foregoing
notice to the Court of Claims. No award of compensation shall be made for
any portion of the applicant's claim that is not substantiated by the applicant.
An applicant may request an extension of time from the Attorney General
prior to the expiration of the 30 day period.
(Source: P.A. 81-1013.)
740 ILCS 45/9.1
(740 ILCS 45/9.1)
(from Ch. 70, par. 79.1)
In determining whether an applicant is entitled to compensation,
the Court of Claims shall consider the facts stated in the application and
other material and information submitted and the report of the Attorney
General. However, the Court of Claims need not consider whether or not
the alleged assailant has been apprehended.
(Source: P.A. 81-1013.)
740 ILCS 45/10.1
(740 ILCS 45/10.1)
(from Ch. 70, par. 80.1)
Amount of compensation.
The amount of compensation to which
an applicant and other persons are entitled shall be based on the
(a) A victim may be compensated for his or her pecuniary loss.
(b) A dependent may be compensated for loss of support.
(c) Any person, even though not dependent upon the victim for his or her
support, may be compensated for reasonable
expenses of the victim to the extent to which he or she has paid or become
obligated to pay such expenses and only after compensation for reasonable
funeral, medical and hospital expenses of the victim have been awarded may
compensation be made for reasonable expenses of the victim incurred for
psychological treatment of a mental or emotional condition caused or
aggravated by the crime.
(d) An award shall be reduced or denied according to the extent to which
the victim's acts or conduct provoked or contributed to his or her injury
or death, or the extent to which any prior criminal conviction or conduct
of the victim may have directly or indirectly contributed to the injury or
death of the victim.
(e) An award shall be reduced by the amount of benefits, payments
or awards payable under those sources which are required to be listed
under item (7) of Section 7.1(a) and any other sources except annuities,
pension plans, Federal Social Security payments payable to dependents
of the victim and the net proceeds of the first $25,000 of life
insurance that would inure to the benefit of the applicant, which the
applicant or any other person dependent for the support of a deceased
victim, as the case may be, has received or to which he or she is entitled
as a result of injury to or death of the victim.
(f) A final award shall not exceed $10,000 for a crime committed prior to
September 22, 1979, $15,000 for a crime committed on or after September 22,
1979 and prior to January 1, 1986, $25,000 for a crime committed on or after
January 1, 1986 and prior to August 7, 1998, or $27,000 for a crime committed on or after August
7, 1998. If the total
pecuniary loss is greater than the maximum amount allowed, the award shall be
divided in proportion to the amount of actual loss among those entitled to
(g) Compensation under this Act is a secondary source of compensation
and the applicant must show that he or she has exhausted the benefits
reasonably available under the Criminal Victims' Escrow Account Act or any
governmental or medical or health insurance programs, including but not
limited to Workers' Compensation, the Federal Medicare program, the State
Public Aid program, Social Security Administration burial benefits,
Veterans Administration burial benefits, and life, health, accident or
(Source: P.A. 97-817, eff. 1-1-13.)
740 ILCS 45/10.2
(740 ILCS 45/10.2)
(a) If it appears, prior to taking action on an application, that the claim
is one for which compensation is probable, and undue hardship will result to
the applicant if immediate payment is not made, the Attorney General may
recommend and the Court may make an emergency award of compensation to the
applicant, pending a final decision in the case, provided the amount of
emergency compensation does not exceed $2,000. The
amount of emergency
compensation shall be deducted from any final award made as a result of the
The full amount of the emergency award if no final award is made shall be
repaid by the applicant to the State of Illinois.
(b) Emergency award applicants must satisfy all requirements under Section
6.1 of this Act.
(Source: P.A. 97-817, eff. 1-1-13.)
740 ILCS 45/11.1
(740 ILCS 45/11.1)
(from Ch. 70, par. 81.1)
The Court of Claims may provide for the payment of an award
in a lump sum or in installments.
(Source: P.A. 81-1013.)
740 ILCS 45/12
(740 ILCS 45/12)
(from Ch. 70, par. 82)
No fee may be charged to the applicant in any proceeding under
this Act except as provided in this Act. If the applicant is represented
by counsel or some other duly authorized agent in making application under
this Act or in any further proceedings provided for in this Act, that counsel
or agent may receive no payment for his services in preparing or presenting
the application before the Court of Claims. He may, however, charge fees
to the applicant for representing him at a hearing provided for in this
Act but only in such an amount as the Court of Claims determines to be reasonable.
(Source: P.A. 78-359.)
740 ILCS 45/12.1
(740 ILCS 45/12.1)
(from Ch. 70, par. 82.1)
The Court of Claims may, without a hearing, make an award to
a person who has filed an application or any other person it finds is entitled
to compensation, including the guardian or conservator of a minor or incompetent,
based upon the application, the other information and materials submitted
with the application, and the report of the Attorney General.
(Source: P.A. 81-1013.)
740 ILCS 45/13.1
(740 ILCS 45/13.1)
(from Ch. 70, par. 83.1)
(a) A hearing before a Commissioner of the Court of Claims shall
be held for those claims in which:
(1) the Court of Claims on its own motion sets a
(2) the Attorney General petitions the Court of
(3) a claim has been disposed of without a hearing
and an applicant has been denied compensation or has been awarded compensation which he thinks is inadequate and he petitions the Court of Claims for a hearing within 30 days of the date of issuance of the order sought to be reviewed. The petition shall set forth the reasons for which review is sought and a recitation of any additional evidence the applicant desires to present to the Court. A copy of the petition shall be provided to the Attorney General. Documentation to be presented at a hearing of the Court of Claims must be submitted to the Attorney General at least 10 working days before the hearing date. Failure to do so may result in a continuance of the hearing.
(b) At hearings held under this Act before Commissioners of the Court
of Claims, any statement, document, information or matter may be received
in evidence if in the opinion of the Court or its Commissioner such evidence
would contribute to a determination of the claim, regardless of whether
such evidence would be admissible in a court of law.
(c) Petition for rehearing.
(1) The Court of Claims may order a rehearing of a
matter decided after a hearing, if, in reaching its decision:
(A) the court has overlooked, misapplied, or
failed to consider a statute, decision, or directly controlling principle;
(B) the court has overlooked or misconceived some
material fact or proposition of law; or
(C) the court has overlooked or misconceived a
material question in the case.
(2) A rehearing may not be granted if it is
sought merely for the purpose of obtaining a reargument on and reconsideration of matters which have already been fully considered by the court.
(3) The petition shall specify which of the grounds
in paragraph (1) of this subsection (c) exists and shall specifically designate that portion of the opinion, or the record, or that particular authority, which the petitioner wishes the court to consider. A copy of the petition shall be served on the opposing party. No petition for rehearing shall exceed 10 typewritten pages. No memoranda or briefs in support of a petition for rehearing, and no response to a petition for rehearing, shall be received unless requested by the court.
(Source: P.A. 97-817, eff. 1-1-13.)
740 ILCS 45/14.1
(740 ILCS 45/14.1)
(from Ch. 70, par. 84.1)
(a) Hearings shall be open to the public unless the Court of
Claims determines that a closed hearing should be held because:
(1) the alleged assailant has not been brought to
trial and a public hearing would adversely affect either his apprehension or his trial;
(2) the offense allegedly perpetrated against the
victim is one defined in Section 11-1.20, 11-1.30, 11-1.40, 12-13, 12-14, or 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012 and the interests of the victim or of persons dependent on his support require that the public be excluded from the hearing;
(3) the victim or the alleged assailant is a minor; or
(4) the interests of justice would be frustrated,
rather than furthered, if the hearing were open to the public.
(b) A transcript shall be kept of the hearings held before the Court of
Claims. No part of the transcript of any hearing before the Court of Claims
may be used for any purpose in a criminal proceeding except in the prosecution
of a person alleged to have perjured himself in his testimony before the
Court of Claims. A copy of the transcript may be furnished to the applicant
upon his written request to the court reporter, accompanied by payment of
a charge established
by the Court of Claims in accordance with the prevailing commercial charge
for a duplicate transcript. Where the interests of justice require, the
Court of Claims may refuse to disclose the names of victims or other material
in the transcript by which the identity of the victim could be discovered.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
740 ILCS 45/15
(740 ILCS 45/15)
(from Ch. 70, par. 85)
When disposition is made without a hearing or at the conclusion
of a hearing held under this Act, the Court of Claims shall enter an order
stating (1) its findings of fact, (2) its decision as to whether or not
compensation is due under this Act, (3) the amount of compensation, if any,
which is due under this Act, (4) whether disbursement of the compensation
awarded is to be made in a lump sum or in periodic payments, and (5) the
person or persons to whom the compensation should be paid.
(Source: P.A. 81-1013.)
740 ILCS 45/16
(740 ILCS 45/16)
(from Ch. 70, par. 86)
The Court of Claims, on its own motion or upon the written request
of any applicant, may modify an award of compensation made under this Act
or reconsider a denial of compensation. No hearing need be held, however,
unless the written request states facts which were not known to the applicant or by the
exercise of reasonable diligence could not have been ascertained by him
at the time of the entry of the order sought to be modified and which would
have directly affected the determination of whether or not compensation
should be awarded and, if so, the amount of that compensation.
(Source: P.A. 81-1013.)
740 ILCS 45/17
(740 ILCS 45/17)
(from Ch. 70, par. 87)
(a) 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; 98-756, eff. 7-16-14.)
740 ILCS 45/18
(740 ILCS 45/18)
(from Ch. 70, par. 88)
Claims against awards.
(a) An award is not subject to
attachment, garnishment, or other process, except that an award is not exempt
from a claim of a creditor to the extent that he or she provided products,
services, or accommodations the costs of which are included in the award.
(b) An assignment or agreement to assign a right to compensation for loss
accruing in the future is unenforceable, except:
(1) an assignment of a right to compensation for work
loss to secure payment of maintenance or child support; or
(2) an assignment of a right to compensation to the
extent of the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
(c) The court may order that all or a portion of an award be paid jointly
to the applicant and another person or solely and directly to another
person to the extent that such other person
has provided products, services or accommodations, the costs of which are
included in the award, or to another person to the extent that such other person paid or became obligated to pay expenses incurred by the victim or applicant.
(d) If an award under subsection (c) of this Section is offset by the
Comptroller, pursuant to the Uncollected State Claims Act, the intended
individual or entity must credit the applicant's or
victim's account for the amount ordered by the Court of Claims, and the
intended individual or entity is
prohibited from pursuing payment from the applicant or victim
for any portion that is offset. The Comptroller shall provide notice as
provided in Section 10.05 of the State Comptroller Act.
(Source: P.A. 97-817, eff. 1-1-13.)
740 ILCS 45/20
(740 ILCS 45/20)
(from Ch. 70, par. 90)
(a) In addition to any other civil liability or criminal penalties
provided by law, a person who the Court of Claims finds has willfully misstated
or omitted facts relevant to the determination of whether compensation is due
under this Act or of the amount of that compensation, whether in making
application for compensation or in the further proceedings provided for
in this Act, shall be denied compensation under this Act.
(b) A person who is convicted of having willfully misstated or omitted
facts relevant to the determination of whether compensation is due under
this Act or of the amount of that compensation, whether in making application
for compensation or in the further proceedings provided for in this Act,
shall be guilty of a Class A misdemeanor.
(Source: P.A. 81-1013.)