Illinois General Assembly - Full Text of Public Act 099-0444
Illinois General Assembly

Previous General Assemblies

Public Act 099-0444


 

Public Act 0444 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0444
 
SB1866 EnrolledLRB099 09072 HEP 29261 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Crime Victims Compensation Act is amended by
adding Section 18.5 as follows:
 
    (740 ILCS 45/18.5 new)
    Sec. 18.5. Restrictions on collection of debts incurred by
crime victims.
    (a) Within 10 business days after the filing of a claim,
the Office of the Attorney General shall issue an applicant a
written notice of the crime victim compensation claim and
inform the applicant that the applicant may provide a copy of
the written notice to vendors to have debt collection
activities cease while the claim is pending.
    (b) An applicant may provide a copy of the written notice
to a vendor waiting for payment of a related debt. A vendor
that receives notice of the filing of a claim under this Act
with the Court of Claims must cease all debt collection
activities against the applicant for a related debt. A vendor
that assists an applicant to complete or submit an application
for compensation or a vendor that submits a bill to the Office
of the Attorney General has constructive notice of the filing
of the claim and must not engage in debt collection activities
against the applicant for a related debt. If the Court of
Claims awards compensation for the related debt, a vendor shall
not engage in debt collection activities while payment is
pending. If the Court of Claims denies compensation for a
vendor's bill for the related debt or a portion thereof, the
vendor may not engage in debt collection activities until 45
days after the date of an order of the Court of Claims denying
compensation in whole or in part.
    (c) A vendor that has notice of a compensation claim may:
        (1) submit a written request to the Court of Claims for
    notification of the Court's decision involving a related
    debt. The Court of Claims shall provide notification of
    payment or denial of payment within 30 days of its
    decision;
        (2) submit a bill for a related debt to the Office of
    the Attorney General; and
        (3) contact the Office of the Attorney General to
    inquire about the status of the claim.
    (d) The statute of limitations for collection of a related
debt is tolled upon the filing of the claim with the Court of
Claims and all civil actions in court against the applicant for
a related debt shall be stayed until 45 days after the Court of
Claims enters an order denying compensation for the related
debt or portion thereof.
    (e) As used in this Section:
        (1) "Crime victim" means a victim of a violent crime or
    an applicant as defined in this Act.
        (2) "Debt collection activities" means:
            (A) communicating with, harassing, or intimidating
        the crime victim for payment, including, but not
        limited to, repeatedly calling or writing to the crime
        victim and threatening to refer the related debt to a
        debt collection agency or to an attorney for
        collection, enforcement, or the filing of other
        process;
            (B) contacting a credit ratings agency or
        distributing information to affect the crime victim's
        credit rating as a result of the related debt;
            (C) referring a bill, or portion thereof, to a
        collection agency or attorney for collection action
        against the crime victim; or
            (D) taking any other action adverse to the crime
        victim or his or her family on account of the related
        debt.
        "Debt collection activities" does not include billing
    insurance or other government programs, routine inquiries
    about coverage by private insurance or government
    programs, or routine billing that indicates that the amount
    is not due pending resolution of the crime victim
    compensation claim.
        (3) "Related debt" means a debt or expense for
    hospital, medical, dental, or counseling services incurred
    by or on behalf of a crime victim as a direct result of the
    crime.
        (4) "Vendor" includes persons, providers of service,
    vendors' agents, debt collection agencies, and attorneys
    hired by a vendor.

Effective Date: 1/1/2016