102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3295

 

Introduced 2/19/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 45/2  from Ch. 70, par. 72
740 ILCS 45/4.1  from Ch. 70, par. 74.1
740 ILCS 45/6.1  from Ch. 70, par. 76.1
740 ILCS 45/7.1  from Ch. 70, par. 77.1
740 ILCS 45/2.5
740 ILCS 45/8.1  from Ch. 70, par. 78.1
740 ILCS 45/9.1  from Ch. 70, par. 79.1
740 ILCS 45/10.1  from Ch. 70, par. 80.1
740 ILCS 45/10.2
740 ILCS 45/12  from Ch. 70, par. 82
740 ILCS 45/12.1  from Ch. 70, par. 82.1
740 ILCS 45/13.1  from Ch. 70, par. 83.1
740 ILCS 45/15  from Ch. 70, par. 85
740 ILCS 45/16  from Ch. 70, par. 86
740 ILCS 45/18  from Ch. 70, par. 88
740 ILCS 45/18.5
740 ILCS 45/20  from Ch. 70, par. 90

    If and only if House Bill 3653 of the 101st General Assembly, as amended by Senate Amendment No. 2, becomes law, amends the Crime Victims Compensation Act. Changes the dates of application to January 1, 2022 from January 1, 2021 in provisions amending the Crime Victims Compensation Act in House Bill 3653, as amended by Senate Amendment No. 2. Provides that a victim's criminal history or felony status shall not automatically prevent compensation to that victim or the victim's family. Extends the applicant's period for submitting requested information to 45 days (from 30 days). Provides that a final award shall not exceed $45,000 (instead of $27,000) for a crime committed on or after August 7, 2022. Provides that emergency awards may be issued to the applicant for the purpose of paying funeral and burial expenses. Clarifies references to the responsibilities of the Attorney General. Makes grammatical and technical changes. Effective immediately, except for certain provisions that are effective January 1, 2022.


LRB102 11554 JWD 16888 b

 

 

A BILL FOR

 

HB3295LRB102 11554 JWD 16888 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if House Bill 3653 of the 101st
5General Assembly, as amended by Senate Amendment No. 2,
6becomes law, then the Crime Victims Compensation Act is
7amended by changing Sections 2, 4.1, 6.1, and 7.1 as follows:
 
8    (740 ILCS 45/2)  (from Ch. 70, par. 72)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Applicant" means any person who applies for
12compensation under this Act or any person the Court of Claims
13or the Attorney General finds is entitled to compensation,
14including the guardian of a minor or of a person under legal
15disability. It includes any person who was a dependent of a
16deceased victim of a crime of violence for his or her support
17at the time of the death of that victim.
18    The changes made to this subsection by this amendatory Act
19of the 101st General Assembly apply to actions commenced or
20pending on or after January 1, 2022 2021.
21    (b) "Court of Claims" means the Court of Claims created by
22the Court of Claims Act.
23    (c) "Crime of violence" means and includes any offense

 

 

HB3295- 2 -LRB102 11554 JWD 16888 b

1defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
210-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
311-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
412-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
512-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
612-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
7or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
8subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
91961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
10the Cemetery Protection Act, Section 125 of the Stalking No
11Contact Order Act, Section 219 of the Civil No Contact Order
12Act, driving under the influence as defined in Section 11-501
13of the Illinois Vehicle Code, a violation of Section 11-401 of
14the Illinois Vehicle Code, provided the victim was a
15pedestrian or was operating a vehicle moved solely by human
16power or a mobility device at the time of contact, and a
17violation of Section 11-204.1 of the Illinois Vehicle Code; so
18long as the offense did not occur during a civil riot,
19insurrection or rebellion. "Crime of violence" does not
20include any other offense or accident involving a motor
21vehicle except those vehicle offenses specifically provided
22for in this paragraph. "Crime of violence" does include all of
23the offenses specifically provided for in this paragraph that
24occur within this State but are subject to federal
25jurisdiction and crimes involving terrorism as defined in 18
26U.S.C. 2331.

 

 

HB3295- 3 -LRB102 11554 JWD 16888 b

1    (d) "Victim" means (1) a person killed or injured in this
2State as a result of a crime of violence perpetrated or
3attempted against him or her, (2) the spouse, parent, or child
4of a person killed or injured in this State as a result of a
5crime of violence perpetrated or attempted against the person,
6or anyone living in the household of a person killed or injured
7in a relationship that is substantially similar to that of a
8parent, spouse, or child, (3) a person killed or injured in
9this State while attempting to assist a person against whom a
10crime of violence is being perpetrated or attempted, if that
11attempt of assistance would be expected of a reasonable person
12under the circumstances, (4) a person killed or injured in
13this State while assisting a law enforcement official
14apprehend a person who has perpetrated a crime of violence or
15prevent the perpetration of any such crime if that assistance
16was in response to the express request of the law enforcement
17official, (5) a person who personally witnessed a violent
18crime, (5.05) a person who will be called as a witness by the
19prosecution to establish a necessary nexus between the
20offender and the violent crime, (5.1) solely for the purpose
21of compensating for pecuniary loss incurred for psychological
22treatment of a mental or emotional condition caused or
23aggravated by the crime, any other person under the age of 18
24who is the brother, sister, half brother, or half sister of a
25person killed or injured in this State as a result of a crime
26of violence, (6) an Illinois resident who is a victim of a

 

 

HB3295- 4 -LRB102 11554 JWD 16888 b

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

 

 

HB3295- 5 -LRB102 11554 JWD 16888 b

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

 

 

HB3295- 6 -LRB102 11554 JWD 16888 b

1the real and personal property which is used by the victim,
2necessary as a result of the crime; the costs of appropriate
3crime scene clean-up; replacement services loss, to a maximum
4of $1,250 per month; dependents replacement services loss, to
5a maximum of $1,250 per month; loss of tuition paid to attend
6grammar 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 be
17awarded up to a maximum of $10,000 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 be awarded up to a maximum of $10,000. 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
25undertake. Loss of earnings, loss of future earnings and loss
26of support shall be determined on the basis of the victim's

 

 

HB3295- 7 -LRB102 11554 JWD 16888 b

1average net monthly earnings for the 6 months immediately
2preceding the date of the injury or on $2,400 per month,
3whichever is less or, in cases where the absences commenced
4more than 3 years from the date of the crime, on the basis of
5the net monthly earnings for the 6 months immediately
6preceding the date of the first absence, not to exceed $2,400
7per month. If a divorced or legally separated applicant is
8claiming loss of support for a minor child of the deceased, the
9amount of support for each child shall be based either on the
10amount of support pursuant to the judgment prior to the date of
11the deceased 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    The changes made to this subsection by this amendatory Act
19of the 101st General Assembly apply to actions commenced or
20pending on or after January 1, 2022 2021.
21    (i) "Replacement services loss" means expenses reasonably
22incurred in obtaining ordinary and necessary services in lieu
23of those the injured person would have performed, not for
24income, but for the benefit of himself or herself or his or her
25family, if he or she had not been injured.
26    (j) "Dependents replacement services loss" means loss

 

 

HB3295- 8 -LRB102 11554 JWD 16888 b

1reasonably incurred by dependents or private legal guardians
2of minor dependents after a victim's death in obtaining
3ordinary and necessary services in lieu of those the victim
4would have performed, not for income, but for their benefit,
5if he or she had not been fatally injured.
6    (k) "Survivor" means immediate family including a parent,
7stepfather, stepmother, child, brother, sister, or spouse.
8    (l) "Parent" means a natural parent, adopted parent,
9stepparent, or permanent legal guardian of another person.
10    (m) "Trafficking tattoo" is a tattoo which is applied to a
11victim in connection with the commission of a violation of
12Section 10-9 of the Criminal Code of 2012.
13(Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19;
1410100HB3653sam002.)
 
15    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)
16    Sec. 4.1. In addition to other powers and duties set forth
17in this Act and other powers exercised by the Attorney
18General, the Attorney General shall:
19        (1) investigate all claims and prepare and present an
20    investigatory report and a draft award determination to
21    the Court of Claims for a review period of 28 business
22    days;
23        (2) upon conclusion of the review by the Court of
24    Claims, provide the applicant with a compensation
25    determination letter;

 

 

HB3295- 9 -LRB102 11554 JWD 16888 b

1        (3) prescribe and furnish all applications and other
2    forms required to be filed in the office of the Attorney
3    General by the terms of this Act; and
4        (4) represent the interests of the State of Illinois
5    in any hearing before the Court of Claims.
6    The changes made to this Section by this amendatory Act of
7the 101st General Assembly apply to actions commenced or
8pending on or after January 1, 2022 2021.
9(Source: P.A. 97-817, eff. 1-1-13; 10100HB3653sam002.)
 
10    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
11    Sec. 6.1. Right to compensation. A person is entitled to
12compensation under this Act if:
13        (a) Within 5 years of the occurrence of the crime, or
14    within one year after a criminal charge of a person for an
15    offense, upon which the claim is based, the applicant
16    presents an application, under oath, to the Attorney
17    General that is filed with the Court of Claims and on a
18    form prescribed in accordance with Section 7.1 furnished
19    by the Attorney General. If the person entitled to
20    compensation is under 18 years of age or under other legal
21    disability at the time of the occurrence or is determined
22    by a court to be under a legal disability as a result of
23    the occurrence, he or she may present the application
24    required by this subsection within 3 years after he or she
25    attains the age of 18 years or the disability is removed,

 

 

HB3295- 10 -LRB102 11554 JWD 16888 b

1    as the case may be. Legal disability includes a diagnosis
2    of posttraumatic stress disorder.
3        (a-1) The Attorney General and the Court of Claims may
4    accept an application presented after the period provided
5    in subsection (a) if the Attorney General determines that
6    the applicant had good cause for a delay.
7        (b) For all crimes of violence, except those listed in
8    subsection (b-1) of this Section, the appropriate law
9    enforcement officials were notified within 72 hours of the
10    perpetration of the crime allegedly causing the death or
11    injury to the victim or, in the event such notification
12    was made more than 72 hours after the perpetration of the
13    crime, the applicant establishes that such notice was
14    timely under the circumstances.
15        (b-1) For victims of offenses defined in Sections
16    10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
17    12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
18    1961 or the Criminal Code of 2012, the appropriate law
19    enforcement officials were notified within 7 days of the
20    perpetration of the crime allegedly causing death or
21    injury to the victim or, in the event that the
22    notification was made more than 7 days after the
23    perpetration of the crime, the applicant establishes that
24    the notice was timely under the circumstances. If the
25    applicant or victim has obtained an order of protection, a
26    civil no contact order, or a stalking no contact order,

 

 

HB3295- 11 -LRB102 11554 JWD 16888 b

1    has presented himself or herself to a hospital for medical
2    care or sexual assault evidence collection, or is engaged
3    in a legal proceeding involving a claim that the applicant
4    or victim is a victim of human trafficking, such action
5    shall constitute appropriate notification under this
6    subsection (b-1) or subsection (b) of this Section.
7        (c) The applicant has cooperated with law enforcement
8    officials in the apprehension and prosecution of the
9    assailant. If the applicant or victim has obtained an
10    order of protection, a civil no contact order, or a
11    stalking no contact order, has presented himself or
12    herself to a hospital for medical care or sexual assault
13    evidence collection, or is engaged in a legal proceeding
14    involving a claim that the applicant or victim is a victim
15    of human trafficking, such action shall constitute
16    cooperation under this subsection (c). If the victim is
17    under 18 years of age at the time of the commission of the
18    offense, the following shall constitute cooperation under
19    this subsection (c):
20            (1) the applicant or the victim files a police
21        report with a law enforcement agency;
22            (2) a mandated reporter reports the crime to law
23        enforcement; or
24            (3) a person with firsthand knowledge of the crime
25        reports the crime to law enforcement.
26        (d) The applicant is not the offender or an accomplice

 

 

HB3295- 12 -LRB102 11554 JWD 16888 b

1    of the offender and the award would not unjustly benefit
2    the offender or his accomplice.
3        (e) (Blank).
4        (f) For victims of offenses defined in Section 10-9 of
5    the Criminal Code of 2012, the victim submits a statement
6    under oath on a form prescribed by the Attorney General
7    attesting that the removed tattoo was applied in
8    connection with the commission of the offense.
9        (g) In determining whether cooperation has been
10    reasonable, the Attorney General and Court of Claims may
11    consider the victim's age, physical condition,
12    psychological state, cultural or linguistic barriers, and
13    compelling health and safety concerns, including, but not
14    limited to, a reasonable fear of retaliation or harm that
15    would jeopardize the well-being of the victim or the
16    victim's family, and giving due consideration to the
17    degree of cooperation that the victim or derivative victim
18    is capable of in light of the presence of any of these
19    factors, or any other factor the Attorney General
20    considers relevant.
21    The changes made to this Section by this amendatory Act of
22the 101st General Assembly apply to actions commenced or
23pending on or after January 1, 2022 2021.
24(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18;
25100-1037, eff. 1-1-19; 10100HB3653sam002.)
 

 

 

HB3295- 13 -LRB102 11554 JWD 16888 b

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

 

 

HB3295- 14 -LRB102 11554 JWD 16888 b

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

 

 

HB3295- 15 -LRB102 11554 JWD 16888 b

1the same time as the original application.
2    For claims submitted on or after January 1, 2022 2021, an
3amended application or additional substantiating materials to
4correct inadvertent errors or omissions may be filed at any
5time before the original application is disposed of by the
6Attorney General or the Court of Claims.
7    (d) Determinations submitted by the Attorney General to
8the Court of Claims shall be available to the Court of Claims
9for review. The Attorney General shall provide the sources and
10evidence relied upon as a basis for a compensation
11determination.
12    (e) The changes made to this Section by this amendatory
13Act of the 101st General Assembly apply to actions commenced
14or pending on or after January 1, 2022 2021.
15(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13;
1610100HB3653sam002.)
 
17    Section 10. The Crime Victims Compensation Act is amended
18by changing Sections 2.5, 8.1, 9.1, 10.1, 10.2, 12, 12.1,
1913.1, 15, 16, 18, 18.5, and 20 as follows:
 
20    (740 ILCS 45/2.5)
21    Sec. 2.5. Felon as victim. A victim's criminal history or
22felony status shall not automatically prevent compensation to
23that victim or the victim's family. However, no compensation
24may be granted to a victim or applicant under this Act while

 

 

HB3295- 16 -LRB102 11554 JWD 16888 b

1the applicant or victim is held in a correctional institution.
2Notwithstanding paragraph (d) of Section 2, "victim" does not
3include a person who is convicted of a felony until that person
4is discharged from probation or is released from a
5correctional institution and has been discharged from parole
6or mandatory supervised release, if any. For purposes of this
7Section, the death of a felon who is serving a term of parole,
8probation, or mandatory supervised release shall be considered
9a discharge from that sentence. No compensation may be granted
10to an applicant under this Act during a period of time that the
11applicant is held in a correctional institution.
12    A victim who has been convicted of a felony may apply for
13assistance under this Act at any time but no award of
14compensation may be considered until the applicant meets the
15requirements of this Section.
16    The changes made to this Section by this amendatory Act of
17the 96th General Assembly apply to actions commenced or
18pending on or after the effective date of this amendatory Act
19of the 96th General Assembly.
20(Source: P.A. 96-267, eff. 8-11-09.)
 
21    (740 ILCS 45/8.1)  (from Ch. 70, par. 78.1)
22    Sec. 8.1. If an applicant does not submit all materials
23substantiating his or her claim as requested of him or her by
24the Attorney General, the Attorney General shall notify the
25applicant in writing of the specific additional items of

 

 

HB3295- 17 -LRB102 11554 JWD 16888 b

1information or materials required and that he or she has 45 30
2days in which to furnish those items to the Attorney General.
3The Attorney General shall report an applicant's failure to
4comply within 45 30 days of the foregoing notice to the Court
5of Claims. No award of compensation shall be made for any
6portion of the applicant's claim that is not substantiated by
7the applicant. An applicant may request an extension of time
8from the Attorney General prior to the expiration of the
945-day 30 day period.
10(Source: P.A. 81-1013.)
 
11    (740 ILCS 45/9.1)  (from Ch. 70, par. 79.1)
12    Sec. 9.1. In determining whether an applicant is entitled
13to compensation, the Attorney General and Court of Claims
14shall consider the facts stated in the application and other
15material and information. However, the Attorney General and
16Court of Claims need not consider whether the alleged
17assailant has been apprehended. In reviewing a determination
18by the Attorney General, the Court of Claims shall consider
19the facts stated in the application and other material and
20information submitted and the report of the Attorney General.
21However, the Court of Claims need not consider whether or not
22the alleged assailant has been apprehended.
23(Source: P.A. 81-1013.)
 
24    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)

 

 

HB3295- 18 -LRB102 11554 JWD 16888 b

1    Sec. 10.1. Amount of compensation. The amount of
2compensation to which an applicant and other persons are
3entitled shall be based on the following factors:
4    (a) A victim may be compensated for his or her pecuniary
5loss.
6    (b) A dependent may be compensated for loss of support.
7    (c) Any person, even though not dependent upon the victim
8for his or her support, may be compensated for reasonable
9expenses of the victim to the extent to which he or she has
10paid or become obligated to pay such expenses and only after
11compensation for reasonable funeral, medical and hospital
12expenses of the victim have been awarded may compensation be
13made for reasonable expenses of the victim incurred for
14psychological treatment of a mental or emotional condition
15caused or aggravated by the crime.
16    (d) An award shall be reduced or denied according to the
17extent to which the victim's injury or death was caused by
18provocation or incitement by the victim or the victim
19assisting, attempting, or committing a criminal act. A denial
20or reduction shall not automatically bar the survivors of
21homicide victims from receiving compensation for counseling,
22crime scene cleanup, relocation, funeral or burial costs, and
23loss of support if the survivor's actions have not initiated,
24provoked, or aggravated the suspect into initiating the
25qualifying crime. acts or conduct provoked or contributed to
26his or her injury or death, or the extent to which any prior

 

 

HB3295- 19 -LRB102 11554 JWD 16888 b

1criminal conviction or conduct of the victim may have directly
2or indirectly contributed to the injury or death of the
3victim.
4    (e) An award shall be reduced by the amount of benefits,
5payments or awards payable under those sources which are
6required to be listed under item (7) of Section 7.1(a) and any
7other sources except annuities, pension plans, Federal Social
8Security payments payable to dependents of the victim and the
9net proceeds of the first $25,000 of life insurance that would
10inure to the benefit of the applicant, which the applicant or
11any other person dependent for the support of a deceased
12victim, as the case may be, has received or to which he or she
13is entitled as a result of injury to or death of the victim.
14    (f) A final award shall not exceed $10,000 for a crime
15committed prior to September 22, 1979, $15,000 for a crime
16committed on or after September 22, 1979 and prior to January
171, 1986, $25,000 for a crime committed on or after January 1,
181986 and prior to August 7, 1998, or $27,000 for a crime
19committed on or after August 7, 1998 and prior to August 7,
202022, or $45,000 for a crime committed on or after August 7,
212022. If the total pecuniary loss is greater than the maximum
22amount allowed, the award shall be divided in proportion to
23the amount of actual loss among those entitled to
24compensation.
25    (g) Compensation under this Act is a secondary source of
26compensation and the applicant must show that he or she has

 

 

HB3295- 20 -LRB102 11554 JWD 16888 b

1exhausted the benefits reasonably available under the Criminal
2Victims' Escrow Account Act or any governmental or medical or
3health insurance programs, including but not limited to
4Workers' Compensation, the Federal Medicare program, the State
5Public Aid program, Social Security Administration burial
6benefits, Veterans Administration burial benefits, and life,
7health, accident or liability insurance.
8(Source: P.A. 97-817, eff. 1-1-13.)
 
9    (740 ILCS 45/10.2)
10    Sec. 10.2. Emergency awards.
11    (a) If it appears, prior to taking action on an
12application, that the claim is one for which compensation is
13probable, and undue hardship will result to the applicant if
14immediate payment is not made, the Attorney General may
15recommend and the Court may make an emergency award of
16compensation to the applicant, pending a final decision in the
17case, provided the amount of emergency compensation does not
18exceed $2,000. Emergency awards may be issued to the applicant
19for the purpose of paying funeral and burial expenses directly
20to a funeral home and for relocation expenses incurred by an
21applicant. The amount of emergency compensation shall be
22deducted from any final award made as a result of the claim.
23The full amount of the emergency award if no final award is
24made shall be repaid by the applicant to the State of Illinois.
25    (b) Emergency award applicants must satisfy all

 

 

HB3295- 21 -LRB102 11554 JWD 16888 b

1requirements under Section 6.1 of this Act.
2(Source: P.A. 97-817, eff. 1-1-13.)
 
3    (740 ILCS 45/12)  (from Ch. 70, par. 82)
4    Sec. 12. No fee may be charged to the applicant in any
5proceeding under this Act except as provided in this Act. If
6the applicant is represented by counsel or some other duly
7authorized agent in making application under this Act or in
8any further proceedings provided for in this Act, that counsel
9or agent may receive no payment for his or her services in
10preparing or presenting the application before the Court of
11Claims or the Attorney General. He or she may, however, charge
12fees to the applicant for representing him or her at a hearing
13provided for in this Act but only in such an amount as the
14Court of Claims or the Attorney General determines to be
15reasonable.
16(Source: P.A. 78-359.)
 
17    (740 ILCS 45/12.1)  (from Ch. 70, par. 82.1)
18    Sec. 12.1. The Court of Claims may, after without a
19hearing, make an award to a person who has filed an application
20or any other person it finds is entitled to compensation,
21including the guardian or conservator of a minor or
22incompetent, based upon the application, the other information
23and materials submitted with the application, and the report
24of the Attorney General.

 

 

HB3295- 22 -LRB102 11554 JWD 16888 b

1(Source: P.A. 81-1013.)
 
2    (740 ILCS 45/13.1)  (from Ch. 70, par. 83.1)
3    Sec. 13.1. (a) A hearing before a Commissioner of the
4Court of Claims shall be held for those claims in which:
5        (1) the Court of Claims on its own motion sets a
6    hearing;
7        (2) the Attorney General petitions the Court of Claims
8    for a hearing;
9        (3) a claim has been disposed of without a hearing and
10    an applicant has been denied compensation or has been
11    awarded compensation which he or she thinks is inadequate
12    and he or she petitions the Court of Claims for a hearing
13    within 30 days of the date of issuance of the
14    determination order sought to be reviewed. The petition
15    shall set forth the reasons for which review is sought and
16    a recitation of any additional evidence the applicant
17    desires to present to the Court. A copy of the petition
18    shall be provided to the Attorney General. Documentation
19    to be presented at a hearing of the Court of Claims must be
20    submitted to the Attorney General at least 10 working days
21    before the hearing date. Failure to do so may result in a
22    continuance of the hearing.
23    (b) At hearings held under this Act before Commissioners
24of the Court of Claims, any statement, document, information
25or matter may be received in evidence if in the opinion of the

 

 

HB3295- 23 -LRB102 11554 JWD 16888 b

1Court or its Commissioner such evidence would contribute to
2reaching a decision on a determination of the claim,
3regardless of whether such evidence would be admissible in a
4court of law.
5    (c) Petition for rehearing.
6        (1) The Court of Claims may order a rehearing of a
7    matter decided after a hearing, if, in reaching its
8    decision:
9            (A) the court has overlooked, misapplied, or
10        failed to consider a statute, decision, or directly
11        controlling principle;
12            (B) the court has overlooked or misconceived some
13        material fact or proposition of law; or
14            (C) the court has overlooked or misconceived a
15        material question in the case.
16        (2) A rehearing may not be granted if it is sought
17    merely for the purpose of obtaining a reargument on and
18    reconsideration of matters which have already been fully
19    considered by the court.
20        (3) The petition shall specify which of the grounds in
21    paragraph (1) of this subsection (c) exists and shall
22    specifically designate that portion of the opinion, or the
23    record, or that particular authority, which the petitioner
24    wishes the court to consider. A copy of the petition shall
25    be served on the opposing party. No petition for rehearing
26    shall exceed 10 typewritten pages. No memoranda or briefs

 

 

HB3295- 24 -LRB102 11554 JWD 16888 b

1    in support of a petition for rehearing, and no response to
2    a petition for rehearing, shall be received unless
3    requested by the court.
4(Source: P.A. 97-817, eff. 1-1-13.)
 
5    (740 ILCS 45/15)  (from Ch. 70, par. 85)
6    Sec. 15. At When disposition is made without a hearing or
7at the conclusion of a hearing held under this Act, the Court
8of Claims shall enter an order stating (1) its findings of
9fact, (2) its decision as to whether or not compensation is due
10under this Act, (3) the amount of compensation, if any, which
11is due under this Act, (4) whether disbursement of the
12compensation awarded is to be made in a lump sum or in periodic
13payments, and (5) the person or persons to whom the
14compensation should be paid.
15(Source: P.A. 81-1013.)
 
16    (740 ILCS 45/16)  (from Ch. 70, par. 86)
17    Sec. 16. The Court of Claims, on its own motion or upon the
18written request of any applicant, may modify an award of
19compensation made under this Act or reconsider a denial of
20compensation. No hearing need be held, however, unless the
21written request states facts which were not known to the
22applicant or by the exercise of reasonable diligence could not
23have been ascertained by him or her at the time of the entry of
24the order or determination sought to be modified and which

 

 

HB3295- 25 -LRB102 11554 JWD 16888 b

1would have directly affected the determination of whether or
2not compensation should be awarded and, if so, the amount of
3that compensation.
4(Source: P.A. 81-1013.)
 
5    (740 ILCS 45/18)  (from Ch. 70, par. 88)
6    Sec. 18. Claims against awards.
7    (a) An award is not subject to enforcement, attachment,
8garnishment, or other process, except that an award is not
9exempt from a claim of a creditor to the extent that he or she
10provided products, services, or accommodations the costs of
11which are included in the award.
12    (b) An assignment or agreement to assign a right to
13compensation for loss accruing in the future is unenforceable,
14except:
15        (1) an assignment of a right to compensation for work
16    loss to secure payment of maintenance or child support; or
17        (2) an assignment of a right to compensation to the
18    extent of the cost of products, services, or
19    accommodations necessitated by the injury or death on
20    which the claim is based and are provided or to be provided
21    by the assignee.
22    (c) The Attorney General may determine or the court may
23order that all or a portion of an award be paid jointly to the
24applicant and another person or solely and directly to another
25person to the extent that such other person has provided

 

 

HB3295- 26 -LRB102 11554 JWD 16888 b

1products, services or accommodations, the costs of which are
2included in the award, or to another person to the extent that
3such other person paid or became obligated to pay expenses
4incurred by the victim or applicant.
5    (d) If an award under subsection (c) of this Section is
6offset by the Comptroller, pursuant to the Uncollected State
7Claims Act, the intended individual or entity must credit the
8applicant's or victim's account for the amount ordered by the
9Court of Claims, and the intended individual or entity is
10prohibited from pursuing payment from the applicant or victim
11for any portion that is offset. The Comptroller shall provide
12notice as provided in Section 10.05 of the State Comptroller
13Act.
14(Source: P.A. 97-817, eff. 1-1-13.)
 
15    (740 ILCS 45/18.5)
16    Sec. 18.5. Restrictions on collection of debts incurred by
17crime victims.
18    (a) Within 10 business days after the filing of a claim,
19the Office of the Attorney General shall issue an applicant a
20written notice of the crime victim compensation claim and
21inform the applicant that the applicant may provide a copy of
22the written notice to vendors to have debt collection
23activities cease while the claim is pending.
24    (b) An applicant may provide a copy of the written notice
25to a vendor waiting for payment of a related debt. A vendor

 

 

HB3295- 27 -LRB102 11554 JWD 16888 b

1that receives notice of the filing of a claim under this Act
2with the Court of Claims or Attorney General must cease all
3debt collection activities against the applicant for a related
4debt. A vendor that assists an applicant to complete or submit
5an application for compensation or a vendor that submits a
6bill to the Office of the Attorney General has constructive
7notice of the filing of the claim and must not engage in debt
8collection activities against the applicant for a related
9debt. If the Court of Claims or Attorney General awards
10compensation for the related debt, a vendor shall not engage
11in debt collection activities while payment is pending. If the
12Court of Claims denies compensation for a vendor's bill for
13the related debt or a portion thereof, the vendor may not
14engage in debt collection activities until 45 days after the
15date of notice from an order of the Court of Claims or the
16Attorney General denying compensation in whole or in part.
17    (c) A vendor that has notice of a compensation claim may:
18        (1) submit a written request to the Attorney General
19    Court of Claims for notification of the Attorney General's
20    Court's decision involving a related debt. The Attorney
21    General Court of Claims shall provide notification of
22    payment or denial of payment within 30 days of its
23    decision;
24        (2) submit a bill for a related debt to the Office of
25    the Attorney General; and
26        (3) contact the Office of the Attorney General to

 

 

HB3295- 28 -LRB102 11554 JWD 16888 b

1    inquire about the status of the claim.
2    (d) The statute of limitations for collection of a related
3debt is tolled upon the filing of the claim with the Court of
4Claims and all civil actions in court against the applicant
5for a related debt shall be stayed until 45 days after the
6Attorney General denies or the Court of Claims enters an order
7denying compensation for the related debt or portion thereof.
8    (e) As used in this Section:
9        (1) "Crime victim" means a victim of a violent crime
10    or an applicant as defined in this Act.
11        (2) "Debt collection activities" means:
12            (A) communicating with, harassing, or intimidating
13        the crime victim for payment, including, but not
14        limited to, repeatedly calling or writing to the crime
15        victim and threatening to refer the related debt to a
16        debt collection agency or to an attorney for
17        collection, enforcement, or the filing of other
18        process;
19            (B) contacting a credit ratings agency or
20        distributing information to affect the crime victim's
21        credit rating as a result of the related debt;
22            (C) referring a bill, or portion thereof, to a
23        collection agency or attorney for collection action
24        against the crime victim; or
25            (D) taking any other action adverse to the crime
26        victim or his or her family on account of the related

 

 

HB3295- 29 -LRB102 11554 JWD 16888 b

1        debt.
2        "Debt collection activities" does not include billing
3    insurance or other government programs, routine inquiries
4    about coverage by private insurance or government
5    programs, or routine billing that indicates that the
6    amount is not due pending resolution of the crime victim
7    compensation claim.
8        (3) "Related debt" means a debt or expense for
9    hospital, medical, dental, or counseling services incurred
10    by or on behalf of a crime victim as a direct result of the
11    crime.
12        (4) "Vendor" includes persons, providers of service,
13    vendors' agents, debt collection agencies, and attorneys
14    hired by a vendor.
15(Source: P.A. 99-444, eff. 1-1-16.)
 
16    (740 ILCS 45/20)  (from Ch. 70, par. 90)
17    Sec. 20. (a) In addition to any other civil liability or
18criminal penalties provided by law, a person who the Court of
19Claims or the Attorney General finds has willfully misstated
20or omitted facts relevant to the determination of whether
21compensation is due under this Act or of the amount of that
22compensation, whether in making application for compensation
23or in the further proceedings provided for in this Act, shall
24be denied compensation under this Act.
25    (b) A person who is convicted of having willfully

 

 

HB3295- 30 -LRB102 11554 JWD 16888 b

1misstated or omitted facts relevant to the determination of
2whether compensation is due under this Act or of the amount of
3that compensation, whether in making application for
4compensation or in the further proceedings provided for in
5this Act, shall be guilty of a Class A misdemeanor.
6(Source: P.A. 81-1013.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law, except for Section 10 which takes effect January
91, 2022.