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Full Text of HB2063  100th General Assembly

HB2063sam001 100TH GENERAL ASSEMBLY

Sen. Karen McConnaughay

Filed: 5/21/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2063

2    AMENDMENT NO. ______. Amend House Bill 2063 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Crime Victims Compensation Act is amended
5by changing Section 6.1 as follows:
 
6    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
7    Sec. 6.1. Right to compensation. A person is entitled to
8compensation under this Act if:
9        (a) Within 2 years of the occurrence of the crime, or
10    within one year after a criminal charge of a person for an
11    offense, upon which the claim is based, he files an
12    application, under oath, with the Court of Claims and on a
13    form prescribed in accordance with Section 7.1 furnished by
14    the Attorney General. If the person entitled to
15    compensation is under 18 years of age or under other legal
16    disability at the time of the occurrence or is determined

 

 

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1    by a court to be under a legal disability as a result of
2    the occurrence, he may file the application required by
3    this subsection within 2 years after he attains the age of
4    18 years or the disability is removed, as the case may be.
5    Legal disability includes a diagnosis of posttraumatic
6    stress disorder.
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 was
12    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 10-9,
16    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
17    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
18    the Criminal Code of 2012, the appropriate law enforcement
19    officials were notified within 7 days of the perpetration
20    of the crime allegedly causing death or injury to the
21    victim or, in the event that the notification was made more
22    than 7 days after the perpetration of the crime, the
23    applicant establishes that the notice was timely under the
24    circumstances. If the applicant or victim has obtained an
25    order of protection, a civil no contact order, or a
26    stalking no contact order, or has presented himself or

 

 

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1    herself to a hospital for sexual assault evidence
2    collection and medical care, or is engaged in a legal
3    proceeding involving a claim that the applicant or victim
4    is a victim of human trafficking, such action shall
5    constitute appropriate notification under this subsection
6    (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 order
10    of protection, a civil no contact order, or a stalking no
11    contact order, or has presented himself or herself to a
12    hospital for sexual assault evidence collection and
13    medical care, or is engaged in a legal proceeding involving
14    a claim that the applicant or victim is a victim of human
15    trafficking, such action shall constitute cooperation
16    under this subsection (c). If the victim is under 18 years
17    of age at the time of the commission of the offense, the
18    following shall constitute cooperation under this
19    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

 

 

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1    of the offender and the award would not unjustly benefit
2    the offender or his accomplice.
3        (e) The injury to or death of the victim was not
4    substantially attributable to his own wrongful act and was
5    not substantially provoked by the victim.
6        (f) For victims of offenses defined in Section 10-9 of
7    the Criminal Code of 2012, the victim submits a statement
8    under oath on a form prescribed by the Attorney General
9    attesting that the removed tattoo was applied in connection
10    with the commission of the offense.
11(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18.)".