Illinois General Assembly - Full Text of SB3713
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Full Text of SB3713  103rd General Assembly

SB3713enr 103RD GENERAL ASSEMBLY

 


 
SB3713 EnrolledLRB103 37601 JRC 67727 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. The Juvenile Court Act of 1987 is amended by
5changing Section 5-905 as follows:
 
6    (705 ILCS 405/5-905)
7    Sec. 5-905. Law enforcement records.
8    (1) Law Enforcement Records. Inspection and copying of law
9enforcement records maintained by law enforcement agencies
10that relate to a minor who has been investigated, arrested, or
11taken into custody before the minor's 18th birthday shall be
12restricted to the following and when necessary for the
13discharge of their official duties:
14        (a) A judge of the circuit court and members of the
15    staff of the court designated by the judge;
16        (b) Law enforcement officers, probation officers or
17    prosecutors or their staff, or, when necessary for the
18    discharge of its official duties in connection with a
19    particular investigation of the conduct of a law
20    enforcement officer, an independent agency or its staff
21    created by ordinance and charged by a unit of local
22    government with the duty of investigating the conduct of
23    law enforcement officers;

 

 

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1        (c) The minor, the minor's parents or legal guardian
2    and their attorneys, but only when the juvenile has been
3    charged with an offense;
4        (d) Adult and Juvenile Prisoner Review Boards;
5        (e) Authorized military personnel;
6        (f) Persons engaged in bona fide research, with the
7    permission of the judge of juvenile court and the chief
8    executive of the agency that prepared the particular
9    recording: provided that publication of such research
10    results in no disclosure of a minor's identity and
11    protects the confidentiality of the record;
12        (g) Individuals responsible for supervising or
13    providing temporary or permanent care and custody of
14    minors pursuant to orders of the juvenile court or
15    directives from officials of the Department of Children
16    and Family Services or the Department of Human Services
17    who certify in writing that the information will not be
18    disclosed to any other party except as provided under law
19    or order of court;
20        (h) The appropriate school official only if the agency
21    or officer believes that there is an imminent threat of
22    physical harm to students, school personnel, or others who
23    are present in the school or on school grounds.
24             (A) Inspection and copying shall be limited to
25        law enforcement records transmitted to the appropriate
26        school official or officials whom the school has

 

 

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1        determined to have a legitimate educational or safety
2        interest by a local law enforcement agency under a
3        reciprocal reporting system established and maintained
4        between the school district and the local law
5        enforcement agency under Section 10-20.14 of the
6        School Code concerning a minor enrolled in a school
7        within the school district who has been arrested or
8        taken into custody for any of the following offenses:
9                (i) any violation of Article 24 of the
10            Criminal Code of 1961 or the Criminal Code of
11            2012;
12                (ii) a violation of the Illinois Controlled
13            Substances Act;
14                (iii) a violation of the Cannabis Control Act;
15                (iv) a forcible felony as defined in Section
16            2-8 of the Criminal Code of 1961 or the Criminal
17            Code of 2012;
18                (v) a violation of the Methamphetamine Control
19            and Community Protection Act;
20                (vi) a violation of Section 1-2 of the
21            Harassing and Obscene Communications Act;
22                (vii) a violation of the Hazing Act; or
23                (viii) a violation of Section 12-1, 12-2,
24            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
25            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
26            Criminal Code of 1961 or the Criminal Code of

 

 

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1            2012.
2            The information derived from the law enforcement
3        records shall be kept separate from and shall not
4        become a part of the official school record of that
5        child and shall not be a public record. The
6        information shall be used solely by the appropriate
7        school official or officials whom the school has
8        determined to have a legitimate educational or safety
9        interest to aid in the proper rehabilitation of the
10        child and to protect the safety of students and
11        employees in the school. If the designated law
12        enforcement and school officials deem it to be in the
13        best interest of the minor, the student may be
14        referred to in-school or community based social
15        services if those services are available.
16        "Rehabilitation services" may include interventions by
17        school support personnel, evaluation for eligibility
18        for special education, referrals to community-based
19        agencies such as youth services, behavioral healthcare
20        service providers, drug and alcohol prevention or
21        treatment programs, and other interventions as deemed
22        appropriate for the student.
23            (B) Any information provided to appropriate school
24        officials whom the school has determined to have a
25        legitimate educational or safety interest by local law
26        enforcement officials about a minor who is the subject

 

 

SB3713 Enrolled- 5 -LRB103 37601 JRC 67727 b

1        of a current police investigation that is directly
2        related to school safety shall consist of oral
3        information only, and not written law enforcement
4        records, and shall be used solely by the appropriate
5        school official or officials to protect the safety of
6        students and employees in the school and aid in the
7        proper rehabilitation of the child. The information
8        derived orally from the local law enforcement
9        officials shall be kept separate from and shall not
10        become a part of the official school record of the
11        child and shall not be a public record. This
12        limitation on the use of information about a minor who
13        is the subject of a current police investigation shall
14        in no way limit the use of this information by
15        prosecutors in pursuing criminal charges arising out
16        of the information disclosed during a police
17        investigation of the minor. For purposes of this
18        paragraph, "investigation" means an official
19        systematic inquiry by a law enforcement agency into
20        actual or suspected criminal activity;
21        (i) The president of a park district. Inspection and
22    copying shall be limited to law enforcement records
23    transmitted to the president of the park district by the
24    Illinois State Police under Section 8-23 of the Park
25    District Code or Section 16a-5 of the Chicago Park
26    District Act concerning a person who is seeking employment

 

 

SB3713 Enrolled- 6 -LRB103 37601 JRC 67727 b

1    with that park district and who has been adjudicated a
2    juvenile delinquent for any of the offenses listed in
3    subsection (c) of Section 8-23 of the Park District Code
4    or subsection (c) of Section 16a-5 of the Chicago Park
5    District Act.
6    (2) Information identifying victims and alleged victims of
7sex offenses, shall not be disclosed or open to public
8inspection under any circumstances. Nothing in this Section
9shall prohibit the victim or alleged victim of any sex offense
10from voluntarily disclosing this identity.
11    (2.5) If the minor is a victim of aggravated battery,
12battery, attempted first degree murder, or other non-sexual
13violent offense, the identity of the victim may be disclosed
14to appropriate school officials, for the purpose of preventing
15foreseeable future violence involving minors, by a local law
16enforcement agency pursuant to an agreement established
17between the school district and a local law enforcement agency
18subject to the approval by the presiding judge of the juvenile
19court.
20    (3) Relevant information, reports and records shall be
21made available to the Department of Juvenile Justice when a
22juvenile offender has been placed in the custody of the
23Department of Juvenile Justice.
24    (4) Nothing in this Section shall prohibit the inspection
25or disclosure to victims and witnesses of photographs
26contained in the records of law enforcement agencies when the

 

 

SB3713 Enrolled- 7 -LRB103 37601 JRC 67727 b

1inspection or disclosure is conducted in the presence of a law
2enforcement officer for purposes of identification or
3apprehension of any person in the course of any criminal
4investigation or prosecution.
5    (5) The records of law enforcement officers, or of an
6independent agency created by ordinance and charged by a unit
7of local government with the duty of investigating the conduct
8of law enforcement officers, concerning all minors under 18
9years of age must be maintained separate from the records of
10adults and may not be open to public inspection or their
11contents disclosed to the public except by order of the court
12or when the institution of criminal proceedings has been
13permitted under Section 5-130 or 5-805 or required under
14Section 5-130 or 5-805 or such a person has been convicted of a
15crime and is the subject of pre-sentence investigation or when
16provided by law.
17    (6) Except as otherwise provided in this subsection (6),
18law enforcement officers, and personnel of an independent
19agency created by ordinance and charged by a unit of local
20government with the duty of investigating the conduct of law
21enforcement officers, may not disclose the identity of any
22minor in releasing information to the general public as to the
23arrest, investigation or disposition of any case involving a
24minor. Any victim or parent or legal guardian of a victim may
25petition the court to disclose the name and address of the
26minor and the minor's parents or legal guardian, or both. Upon

 

 

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1a finding by clear and convincing evidence that the disclosure
2is either necessary for the victim to pursue a civil remedy
3against the minor or the minor's parents or legal guardian, or
4both, or to protect the victim's person or property from the
5minor, then the court may order the disclosure of the
6information to the victim or to the parent or legal guardian of
7the victim only for the purpose of the victim pursuing a civil
8remedy against the minor or the minor's parents or legal
9guardian, or both, or to protect the victim's person or
10property from the minor.
11    (7) Nothing contained in this Section shall prohibit law
12enforcement agencies when acting in their official capacity
13from communicating with each other by letter, memorandum,
14teletype or intelligence alert bulletin or other means the
15identity or other relevant information pertaining to a person
16under 18 years of age. The information provided under this
17subsection (7) shall remain confidential and shall not be
18publicly disclosed, except as otherwise allowed by law.
19    (8) No person shall disclose information under this
20Section except when acting in the person's official capacity
21and as provided by law or order of court.
22    (9) The changes made to this Section by Public Act 98-61
23apply to law enforcement records of a minor who has been
24arrested or taken into custody on or after January 1, 2014 (the
25effective date of Public Act 98-61).
26    (10) Nothing contained in this Section shall prohibit law

 

 

SB3713 Enrolled- 9 -LRB103 37601 JRC 67727 b

1enforcement agencies from disclosing law enforcement reports
2and records to the Attorney General for the purposes of
3complying with the Crime Victims Compensation Act.
4(Source: P.A. 103-22, eff. 8-8-23.)
 
5    Section 10. The Crime Victims Compensation Act is amended
6by changing Sections 2, 2.5, 4.1, 4.2, 5.1, 6.1, 7.1, 8.1,
710.1, and 18.5 as follows:
 
8    (740 ILCS 45/2)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Applicant" means any of the following claiming
12compensation under this Act: a victim, a person who was a
13dependent of a deceased victim of a crime of violence for the
14person's support at the time of the death of that victim, a
15person who legally assumes the obligation or who voluntarily
16pays the medical or the funeral or burial expenses incurred as
17a direct result of the crime, and any other person the Court of
18Claims or the Attorney General finds is entitled to
19compensation, including the guardian of a minor or of a person
20under legal disability.
21        (1) A victim.
22        (2) If the victim was a guardian or primary caregiver
23    to an adult who is physically or mentally incapacitated,
24    that adult who is physically or mentally incapacitated.

 

 

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1        (3) A guardian of a minor or of a person under legal
2    disability.
3        (4) A person who, at the time the crime occurred,
4    resided in the same dwelling as the victim, solely for the
5    purpose of compensating for any of the following:
6            (A) Pecuniary loss incurred for psychological
7        treatment of a mental or emotional condition caused or
8        aggravated by the crime.
9            (B) Loss of earnings under paragraph (14.5) of
10        subsection (h) for time off from work necessary to
11        provide full time care for the injured victim.
12            (C) Relocation expenses.
13        (5) A person who assumes a legal obligation or
14    voluntarily pays for a victim's medical or funeral or
15    burial expenses.
16        (6) Any other person the Court of Claims or the
17    Attorney General finds is entitled to compensation.
18    The changes made to this subsection by Public Act 101-652
19apply to actions commenced or pending on or after January 1,
202022.
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
24defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
2510-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2611-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,

 

 

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112-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-3.4,
212-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4,
312-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or
420-1.1, or Section 12-3.05 except for subdivision (a)(4) or
5(g)(1), or subdivision (a)(4) of Section 11-14.4, of the
6Criminal Code of 1961 or the Criminal Code of 2012, Sections
71(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of
8the Stalking No Contact Order Act, Section 219 of the Civil No
9Contact Order Act, driving under the influence as defined in
10Section 11-501 of the Illinois Vehicle Code, a violation of
11Section 11-401 of the Illinois Vehicle Code, provided the
12victim was a pedestrian or was operating a vehicle moved
13solely by human power or a mobility device at the time of
14contact, and a violation of Section 11-204.1 of the Illinois
15Vehicle Code; so long as the offense did not occur during a
16civil riot, insurrection or rebellion. "Crime of violence"
17does not include any other offense or crash involving a motor
18vehicle except those vehicle offenses specifically provided
19for in this paragraph. "Crime of violence" does include all of
20the offenses specifically provided for in this paragraph that
21occur within this State but are subject to federal
22jurisdiction and crimes involving terrorism as defined in 18
23U.S.C. 2331.
24    (d) "Victim" means (1) a person killed or injured in this
25State as a result of a crime of violence perpetrated or
26attempted against him or her, (2) the spouse, parent, or child

 

 

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

 

 

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1crime, loss of earnings under paragraph (14.5) of subsection
2(h) for time off from work necessary to provide full time care
3for the injured victim, or relocation if the crime occurred
4within the dwelling of the applicant, (5.2) any person who was
5in a dating relationship with a person killed in this State as
6a result of a crime of violence, solely for the purpose of
7compensating for pecuniary loss incurred for psychological
8treatment of a mental or emotional condition caused or
9aggravated by the crime, (6) an Illinois resident who is a
10victim of a "crime of violence" as defined in this Act except,
11if the crime occurred outside this State, the resident has the
12same rights under this Act as if the crime had occurred in this
13State upon a showing that the state, territory, country, or
14political subdivision of a country in which the crime occurred
15does not have a compensation of victims of crimes law for which
16that Illinois resident is eligible, (7) the parent, spouse, or
17child of a deceased person whose body is dismembered or whose
18remains are desecrated as the result of a crime of violence, or
19(8) (blank), or (9) an individual who is injured or killed in
20an incident in which a law enforcement officer's use of force
21caused bodily harm or death to that individual.
22    (e) "Dependent" means a relative of a deceased victim who
23was wholly or partially dependent upon the victim's income at
24the time of his or her death and shall include the child of a
25victim born after his or her death.
26    (f) "Relative" means a spouse, parent, grandparent,

 

 

SB3713 Enrolled- 14 -LRB103 37601 JRC 67727 b

1stepfather, stepmother, child, grandchild, brother,
2brother-in-law, sister, sister-in-law, half brother, half
3sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
4living in the dwelling household of a person killed or injured
5in a relationship that is substantially similar to that of a
6parent, spouse, or child.
7    (g) "Child" means a son or daughter and includes a
8stepchild, an adopted child or a child born out of wedlock.
9    (h) "Pecuniary loss" means:
10        (1) in the case of injury, appropriate medical
11    expenses and hospital expenses including expenses of
12    medical examinations, rehabilitation, medically required
13    nursing care expenses, appropriate psychiatric care or
14    psychiatric counseling expenses, appropriate expenses for
15    care or counseling by a licensed clinical psychologist,
16    licensed clinical social worker, licensed professional
17    counselor, or licensed clinical professional counselor and
18    expenses for treatment by Christian Science practitioners
19    and nursing care appropriate thereto;
20        (2) transportation expenses to and from medical and
21    counseling treatment facilities;
22        (3) prosthetic appliances, eyeglasses, and hearing
23    aids necessary or damaged as a result of the crime;
24        (4) expenses incurred for the towing and storage of a
25    victim's vehicle in connection with a crime of violence,
26    to a maximum of $1,000;

 

 

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1        (5) costs associated with trafficking tattoo removal
2    by a person authorized or licensed to perform the specific
3    removal procedure; for victims of offenses defined in
4    Section 10-9 of the Criminal Code of 2012, the victim
5    shall submit a statement under oath on a form prescribed
6    by the Attorney General attesting that the removed tattoo
7    was applied in connection with the commission of the
8    offense;
9        (6) replacement costs for clothing and bedding used as
10    evidence;
11        (7) costs associated with temporary lodging or
12    relocation necessary as a result of the crime, including,
13    but not limited to, the first 2 months' rent and security
14    deposit of the dwelling that the claimant relocated to and
15    other reasonable relocation expenses incurred as a result
16    of the violent crime;
17        (8) locks, doors, or windows necessary or damaged as a
18    result of the crime;
19        (9) the purchase, lease, or rental of equipment
20    necessary to create usability of and accessibility to the
21    victim's real and personal property, or the real and
22    personal property which is used by the victim, necessary
23    as a result of the crime; "real and personal property"
24    includes, but is not limited to, vehicles, houses,
25    apartments, townhouses, or condominiums;
26        (10) the costs of appropriate crime scene clean-up;

 

 

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1        (11) replacement services loss, to a maximum of $1,250
2    per month, with this amount to be divided in proportion to
3    the amount of the actual loss among those entitled to
4    compensation;
5        (12) dependents replacement services loss, to a
6    maximum of $1,250 per month, with this amount to be
7    divided in proportion to the amount of the actual loss
8    among those entitled to compensation;
9        (13) loss of tuition paid to attend grammar school or
10    high school when the victim had been enrolled as a student
11    prior to the injury, or college or graduate school when
12    the victim had been enrolled as a day or night student
13    prior to the injury when the victim becomes unable to
14    continue attendance at school as a result of the crime of
15    violence perpetrated against him or her;
16        (14) loss of earnings, loss of future earnings because
17    of disability resulting from the injury. Loss of future
18    earnings shall be reduced by any income from substitute
19    work actually performed by the victim or by income the
20    victim would have earned in available appropriate
21    substitute work the victim was capable of performing but
22    unreasonably failed to undertake; loss of earnings and
23    loss of future earnings shall be determined on the basis
24    of the victim's average net monthly earnings for the 6
25    months immediately preceding the date of the injury or on
26    $2,400 per month, whichever is less, or, in cases where

 

 

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1    the absences commenced more than 3 years from the date of
2    the crime, on the basis of the net monthly earnings for the
3    6 months immediately preceding the date of the first
4    absence, not to exceed $2,400 per month;
5        (14.5) loss of earnings for applicants or loss of
6    future earnings for applicants. The applicant must
7    demonstrate that the loss of earnings is a direct result
8    of circumstances attributed to the crime including, but
9    not limited to, court appearances, funeral preparation and
10    bereavement, receipt of medical or psychological care;
11    loss of earnings and loss of future earnings shall be
12    determined on the basis of the applicant's average net
13    monthly earnings for the 6 months immediately preceding
14    the date of the injury or on $2,400 per month, whichever is
15    less, or, in cases where the absences commenced more than
16    3 years from the date of the crime, on the basis of the net
17    monthly earnings for the 6 months immediately preceding
18    the date of the first absence, not to exceed $2,400 per
19    month;
20        (15) loss of support of the dependents of the victim.
21    Loss of support shall be determined on the basis of the
22    victim's average net monthly earnings for the 6 months
23    immediately preceding the date of the injury or on $2,400
24    per month, whichever is less, or, in cases where the
25    absences commenced more than 3 years from the date of the
26    crime, on the basis of the net monthly earnings for the 6

 

 

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1    months immediately preceding the date of the first
2    absence, not to exceed $2,400 per month. If a divorced or
3    legally separated applicant is claiming loss of support
4    for a minor child of the deceased, the amount of support
5    for each child shall be based either on the amount of
6    support pursuant to the judgment prior to the date of the
7    deceased victim's injury or death, or, if the subject of
8    pending litigation filed by or on behalf of the divorced
9    or legally separated applicant prior to the injury or
10    death, on the result of that litigation. Loss of support
11    for minors shall be divided in proportion to the amount of
12    the actual loss among those entitled to such compensation;
13        (16) in the case of death, expenses for reasonable
14    funeral, burial, headstone, cremation, and travel and
15    transport for survivors of homicide victims to secure
16    bodies of deceased victims and to transport bodies for
17    burial all of which may be awarded up to a maximum of
18    $10,000 for each victim. Other individuals that have paid
19    or become obligated to pay funeral, cremation, or burial
20    expenses, including a headstone, for the deceased shall
21    share a maximum award of $10,000, with the award divided
22    in proportion to the amount of the actual loss among those
23    entitled to compensation; and
24        (17) in the case of dismemberment or desecration of a
25    body, expenses for reasonable funeral, and burial,
26    headstone, and cremation, all of which may be awarded up

 

 

SB3713 Enrolled- 19 -LRB103 37601 JRC 67727 b

1    to a maximum of $10,000 for each victim. Other individuals
2    that have paid or become obligated to pay funeral,
3    cremation, or burial expenses, including a headstone, for
4    the deceased shall share a maximum award of $10,000, with
5    the award divided in proportion to the amount of the
6    actual loss among those entitled to compensation; and .
7        (19) legal fees resulting from proceedings that became
8    necessary solely because of the crime, including, but not
9    limited to, establishing a legal guardian for the minor
10    victim or the minor child of a victim, or obtaining a
11    restraining order, no contact order, or order of
12    protection, awarded up to a maximum of $3,500.
13    "Pecuniary loss" does not include pain and suffering or
14property loss or damage.
15    The changes made to this subsection by Public Act 101-652
16apply to actions commenced or pending on or after January 1,
172022.
18    (i) "Replacement services loss" means expenses reasonably
19incurred in obtaining ordinary and necessary services in lieu
20of those the injured person would have performed, not for
21income, but for the benefit of himself or herself or his or her
22family, if he or she had not been injured.
23    (j) "Dependents replacement services loss" means loss
24reasonably incurred by dependents or private legal guardians
25of minor dependents after a victim's death in obtaining
26ordinary and necessary services in lieu of those the victim

 

 

SB3713 Enrolled- 20 -LRB103 37601 JRC 67727 b

1would have performed, not for income, but for their benefit,
2if he or she had not been fatally injured.
3    (k) "Survivor" means immediate family including a parent,
4stepfather, stepmother, child, brother, sister, or spouse.
5    (l) "Parent" means a natural parent, adopted parent,
6stepparent, or permanent legal guardian of another person.
7    (m) "Trafficking tattoo" is a tattoo which is applied to a
8victim in connection with the commission of a violation of
9Section 10-9 of the Criminal Code of 2012.
10    (n) "Dwelling" means a person's primary home. A person may
11be required to provide verification or proof of residence
12including, but not limited to, a lease agreement, utility
13bill, license registration, document showing the mailing
14address, pay stub, tax form, or notarized statement.
15    (o) "Dating relationship" means a current, continuous,
16romantic, courtship, or engagement relationship, often
17characterized by actions of an intimate or sexual nature or an
18expectation of affection. "Dating relationship" does not
19include a casual acquaintanceship or ordinary fraternization
20between persons in a business or social context.
21    (p) "Medical facility" means a facility for the delivery
22of health services. "Medical facility" includes, but is not
23limited to, a hospital, public health center, outpatient
24medical facility, federally qualified health center, migrant
25health center, community health center, or State correctional
26institution.

 

 

SB3713 Enrolled- 21 -LRB103 37601 JRC 67727 b

1    (q) "Mental health provider" means a licensed clinical
2psychologist, a licensed clinical social worker, a licensed
3professional counselor, or a licensed clinical professional
4counselor as defined in the Mental Health and Developmental
5Disabilities Code.
6    (r) "Independent medical evaluation" means an assessment
7by a mental health provider who is not currently providing
8treatment to the applicant and will not seek reimbursement
9from the program for continuing treatment after the
10assessment. A provider may seek reimbursement for the
11assessment.
12(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
13102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff.
1411-17-23.)
 
15    (740 ILCS 45/2.5)
16    Sec. 2.5. Felony status Felon as victim. A victim's
17criminal history or felony status shall not automatically
18prevent compensation to that victim or the victim's family. No
19compensation may be granted to an applicant under this Act
20while the applicant is held in a correctional institution. An
21applicant who is held in a correctional institution may apply
22for assistance under this Act at any time, but no award of
23compensation may be considered until the applicant meets the
24requirements of this Section. However, no compensation may be
25granted to a victim or applicant under this Act while the

 

 

SB3713 Enrolled- 22 -LRB103 37601 JRC 67727 b

1applicant or victim is held in a correctional institution. For
2purposes of this Section, the death of a felon who is serving a
3term of parole, probation, or mandatory supervised release
4shall be considered a discharge from that sentence.
5    A victim who has been convicted of a felony may apply for
6assistance under this Act at any time but no award of
7compensation may be considered until the applicant meets the
8requirements of this Section.
9    The changes made to this Section by this amendatory Act of
10the 96th General Assembly apply to actions commenced or
11pending on or after the effective date of this amendatory Act
12of the 96th General Assembly.
13(Source: P.A. 101-652, eff. 7-1-21.)
 
14    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)
15    Sec. 4.1. In addition to other powers and duties set forth
16in this Act and other powers exercised by the Attorney
17General, the Attorney General shall:
18        (1) investigate all claims and prepare and present an
19    investigatory report and a draft award determination to
20    the Court of Claims for a review period of 28 business
21    days;
22        (2) upon conclusion of the review by the Court of
23    Claims, provide the applicant with a compensation
24    determination letter;
25        (3) prescribe and furnish all applications and other

 

 

SB3713 Enrolled- 23 -LRB103 37601 JRC 67727 b

1    forms required to be filed in the office of the Attorney
2    General by the terms of this Act; and
3        (4) represent the interests of the State of Illinois
4    in any hearing before the Court of Claims; and .
5        (5) upon failure to comply with Section 4.2, the
6    Attorney General's office shall have the power to issue
7    subpoenas to compel the production of law enforcement
8    reports maintained by law enforcement agencies.
9    The changes made to this Section by this amendatory Act of
10the 101st General Assembly apply to actions commenced or
11pending on or after January 1, 2022.
12(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
13    (740 ILCS 45/4.2)
14    Sec. 4.2. Cooperation in review of crime victims
15compensation applications. A law enforcement agency in this
16State shall, within 15 days of receipt of a written request for
17a police report made to verify that the requirements of a crime
18victims compensation application under Section 6.1 of this Act
19have been met, provide the Attorney General's office with the
20law enforcement agency's full written report of the
21investigation of the crime for which an application for
22compensation has been filed. The law enforcement agency may
23redact the following from the report: names of confidential
24sources and informants; locations from which law enforcement
25conduct surveillance; and information related to issues of

 

 

SB3713 Enrolled- 24 -LRB103 37601 JRC 67727 b

1national security the law enforcement agency provided to or
2received from the United States Department of Homeland
3Security or another federal law enforcement agency. The
4Attorney General's office and a law enforcement agency may
5agree to the redaction of other information in the report or to
6the provision of necessary information in another format.
7Within 15 days of receipt of the request, a law enforcement
8agency shall respond to a written request from the Attorney
9General's office for additional information necessary to
10assist the Attorney General's office in making a
11recommendation for compensation.
12    An applicant may obtain and provide a law enforcement
13report to the Attorney General and the Attorney General may
14proceed with the review of the application. If the copy of the
15law enforcement report provided by the applicant does not
16contain all the information the Attorney General needs to move
17forward with the review of the application, the Attorney
18General may proceed with requesting from the law enforcement
19agency the full written report of the investigation.
20    Records that are obtained by the Attorney General's office
21from a law enforcement agency under this Section for purposes
22of investigating an application for crime victim compensation
23shall not be disclosed to the public, including the applicant,
24by the Attorney General's office. Law enforcement reports or
25other documentation obtained by the Attorney General's office
26from an applicant, victim, or third party under this Act for

 

 

SB3713 Enrolled- 25 -LRB103 37601 JRC 67727 b

1the purposes of investigating an application for crime victim
2compensation shall not be disclosed to the public or any
3individual or entity, not including the individual who
4supplied the report or documentation, by the Attorney
5General's office. Any The records obtained by the Attorney
6General's office to process the application, including but not
7limited to applications, documents, and photographs, while in
8the possession of the Attorney General's office, shall be
9exempt from disclosure by the Attorney General's office under
10the Freedom of Information Act.
11(Source: P.A. 100-690, eff. 1-1-19.)
 
12    (740 ILCS 45/5.1)  (from Ch. 70, par. 75.1)
13    Sec. 5.1. (a) Every hospital licensed under the laws of
14this State shall display prominently in its emergency room
15posters giving notification of the existence and general
16provisions of this Act. The posters may be displayed by
17physical or electronic means. Such posters shall be provided
18by the Attorney General.
19    (b) Any law enforcement agency that investigates an
20offense committed in this State shall inform the victim or any
21potential applicant contacted during the course of an
22investigation or arrest regarding of the offense or his
23dependents concerning the Crime Victims Compensation Program,
24availability of an award of compensation and advise such
25persons that any information concerning this Act and the

 

 

SB3713 Enrolled- 26 -LRB103 37601 JRC 67727 b

1filing of a claim may be obtained from the office of the
2Attorney General.
3    (c) The Office of the Attorney General shall make
4available on its website applications, forms, posters, and
5general information that law enforcement agencies and
6hospitals may use to comply with this Section.
7(Source: P.A. 102-4, eff. 4-27-21.)
 
8    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
9    Sec. 6.1. Right to compensation. A person is entitled to
10compensation under this Act if:
11        (a) Timing. Within 5 years of the occurrence of the
12    crime, or within one year after a criminal charge of a
13    person for an offense, upon which the claim is based, the
14    applicant presents an application, under oath, to the
15    Attorney General that is filed with the Court of Claims
16    and on a form prescribed in accordance with Section 7.1
17    furnished by the Attorney General. If the person entitled
18    to compensation is under 18 years of age or under other
19    legal disability at the time of the occurrence or is
20    determined by a court to be under a legal disability as a
21    result of the occurrence, he or she may present the
22    application required by this subsection within 3 years
23    after he or she attains the age of 18 years or the
24    disability is removed, as the case may be. Legal
25    disability includes a diagnosis of posttraumatic stress

 

 

SB3713 Enrolled- 27 -LRB103 37601 JRC 67727 b

1    disorder.
2        (a-1) The Attorney General and the Court of Claims may
3    accept an application presented after the period provided
4    in subsection (a) if the Attorney General determines that
5    the applicant had good cause for a delay.
6        (b) Notification. The For all crimes of violence,
7    except those listed in subsection (b-1) of this Section,
8    the appropriate law enforcement officials were notified
9    within 72 hours of the perpetration of the crime allegedly
10    causing the death or injury to the victim or, in the event
11    such notification was made more than 72 hours after the
12    perpetration of the crime, the applicant establishes that
13    such notice was timely under the circumstances. If the
14    notification was made more than 72 hours after the
15    perpetration of the crime and the applicant establishes
16    that the notice was timely under the circumstances, the
17    Attorney General and the Court of Claims may extend the
18    time for reporting to law enforcement.
19        For victims of offenses defined in Sections 10-9,
20    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and
21    12-14 of the Criminal Code of 1961 or the Criminal Code of
22    2012, the appropriate law enforcement officials were
23    notified within 7 days of the perpetration of the crime
24    allegedly causing death or injury to the victim or, if the
25    notification was made more than 7 days after the
26    perpetration of the crime, the applicant establishes that

 

 

SB3713 Enrolled- 28 -LRB103 37601 JRC 67727 b

1    the notice was timely under the circumstances.
2        (b-1) If, in lieu of a law enforcement report, For
3    victims of offenses defined in Sections 10-9, 11-1.20,
4    11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
5    12-15, and 12-16 of the Criminal Code of 1961 or the
6    Criminal Code of 2012, the appropriate law enforcement
7    officials were notified within 7 days of the perpetration
8    of the crime allegedly causing death or injury to the
9    victim or, in the event that the notification was made
10    more than 7 days after the perpetration of the crime, the
11    applicant establishes that the notice was timely under the
12    circumstances. If the applicant or victim has obtained an
13    order of protection, a civil no contact order, or a
14    stalking no contact order, has presented himself or
15    herself to a medical facility hospital for medical care or
16    sexual assault evidence collection, has presented to a
17    mental health provider for an independent medical
18    evaluation, or is engaged in a legal proceeding involving
19    a claim that the applicant or victim is a victim of human
20    trafficking or law enforcement use of force, such action
21    shall constitute appropriate notification under this
22    subsection (b-1) or subsection (b) of this Section.
23        (b-2) For purposes of notification under this Act, a
24    victim who presents to a medical facility shall provide
25    information sufficient to fulfill the requirements of this
26    Section, except that the victim shall not be required to

 

 

SB3713 Enrolled- 29 -LRB103 37601 JRC 67727 b

1    identify the offender to the medical provider.
2        (b-3) An applicant who is filing a claim that a law
3    enforcement officer's use of force caused injury or death,
4    may fulfill the notification requirement by complying with
5    subsection (b), filing a complaint with the Illinois Law
6    Enforcement Training Standards Board, filing a lawsuit
7    against a law enforcement officer or department, or
8    presenting evidence that the victim has obtained a
9    settlement or a verdict in a civil suit. An application
10    filed by an individual presenting evidence of a verdict in
11    a civil suit must be filed within one year after the
12    resolution of the civil suit.
13        (b-4) An applicant may provide notification to a
14    mental health provider regarding physical injuries of the
15    victim or 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,
17    11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the
18    Criminal Code of 2012, psychological injuries resulting
19    from the commission of the crime for which the applicant
20    is filing an application. The provider shall perform an
21    independent medical evaluation and provide the provider's
22    professional opinion as to whether the injuries claimed
23    are consistent with having resulted from the commission of
24    the crime for which the applicant is filing an
25    application.
26        Upon completion of the independent medical evaluation,

 

 

SB3713 Enrolled- 30 -LRB103 37601 JRC 67727 b

1    the mental health provider shall complete a certification
2    form, signed under oath. The form shall be provided by the
3    Office of the Attorney General and contain the following:
4            (1) The provider's name, title, license number and
5        place of employment.
6            (2) Contact information for the provider.
7            (3) The provider's relationship with the
8        applicant.
9            (4) The date the crime was reported to the
10        provider.
11            (5) The reported crime.
12            (6) The date and location of the crime.
13            (7) If there are physical injuries, what injuries
14        that the mental health provider can attest to being
15        present on the day of the reporting if they are
16        consistent with the crime reported to the provider.
17            (8) If there are psychological injuries, whether
18        the provider in his or her professional opinion
19        believes that the injuries presented on the day of the
20        reporting are consistent with the crime reported to
21        the provider.
22            (9) A detailed summary of the incident, as
23        reported.
24            (10) Any documentation or photos that relate to
25        the crime of violence for which the applicant is
26        seeking reimbursement.

 

 

SB3713 Enrolled- 31 -LRB103 37601 JRC 67727 b

1        (c) Cooperation. The applicant has cooperated with law
2    enforcement officials in the apprehension and prosecution
3    of the assailant. If the applicant or victim has obtained
4    an order of protection, a civil no contact order, or a
5    stalking no contact order, has presented himself or
6    herself to a medical facility hospital for medical care or
7    sexual assault evidence collection, obtained an
8    independent medical examination from a mental health
9    provider as described in subsection (b-4), has taken any
10    of the actions described in subsection (b-3), or is
11    engaged in a legal proceeding involving a claim that the
12    applicant or victim is a victim of human trafficking, such
13    action shall constitute cooperation under this subsection
14    (c). If the victim is under 18 years of age at the time of
15    the commission of the offense, the following shall
16    constitute cooperation under this subsection (c):
17            (1) the applicant or the victim files a police
18        report with a law enforcement agency;
19            (2) a mandated reporter reports the crime to law
20        enforcement; or
21            (3) a person with firsthand knowledge of the crime
22        reports the crime to law enforcement.
23        In evaluating cooperation, the Attorney General and
24    Court of Claims may consider the victim's age, physical
25    condition, psychological state, cultural or linguistic
26    barriers, and compelling health and safety concerns,

 

 

SB3713 Enrolled- 32 -LRB103 37601 JRC 67727 b

1    including, but not limited to, a reasonable fear of
2    retaliation or harm that would jeopardize the well-being
3    of the victim or the victim's family, and giving due
4    consideration to the degree of cooperation that the victim
5    or derivative victim is capable of in light of the
6    presence of any of these factors, or any other factor the
7    Attorney General considers relevant.
8        (d) If the The applicant is not barred from receiving
9    compensation under Section 10.1 the offender or an
10    accomplice of the offender and the award would not
11    unjustly benefit the offender or his accomplice.
12        (e) (Blank).
13        (f) (Blank). For victims of offenses defined in
14    Section 10-9 of the Criminal Code of 2012, the victim
15    submits a statement under oath on a form prescribed by the
16    Attorney General attesting that the removed tattoo was
17    applied in connection with the commission of the offense.
18        (g) (Blank). In determining whether cooperation has
19    been reasonable, the Attorney General and Court of Claims
20    may consider the victim's age, physical condition,
21    psychological state, cultural or linguistic barriers, and
22    compelling health and safety concerns, including, but not
23    limited to, a reasonable fear of retaliation or harm that
24    would jeopardize the well-being of the victim or the
25    victim's family, and giving due consideration to the
26    degree of cooperation that the victim or derivative victim

 

 

SB3713 Enrolled- 33 -LRB103 37601 JRC 67727 b

1    is capable of in light of the presence of any of these
2    factors, or any other factor the Attorney General
3    considers relevant.
4    The changes made to this Section by this amendatory Act of
5the 101st General Assembly apply to actions commenced or
6pending on or after January 1, 2022.
7(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
8    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
9    Sec. 7.1. (a) The application shall set out:
10        (1) the name and address of the victim;
11        (2) if the victim is deceased, the name and address of
12    the applicant and his or her relationship to the victim,
13    the names and addresses of other persons dependent on the
14    victim for their support and the extent to which each is so
15    dependent, and other persons who may be entitled to
16    compensation for a pecuniary loss;
17        (3) the date and nature of the crime on which the
18    application for compensation is based;
19        (4) the date and place where notification under
20    Section 6.1 was given and to whom, or the date and place of
21    issuance of an order of protection, no contact order,
22    evidence of a legal proceeding involving human
23    trafficking, or in cases of a law enforcement officer's
24    use of force, another form of documentation allowable
25    under Section 6.1 and the law enforcement officials to

 

 

SB3713 Enrolled- 34 -LRB103 37601 JRC 67727 b

1    whom notification of the crime was given;
2        (4.5) if the victim is providing supplemental forms of
3    documentation, that documentation, the date the victim
4    obtained that other form of documentation and the type of
5    documentation;
6        (5) the nature and extent of the injuries sustained by
7    the victim, and the names and addresses of those giving
8    medical and hospitalization treatment to the victim;
9        (6) the pecuniary loss to the applicant and to such
10    other persons as are specified under item (2) resulting
11    from the injury or death;
12        (7) the amount of benefits, payments, or awards, if
13    any, payable under:
14            (a) the Workers' Compensation Act,
15            (b) the Dram Shop Act,
16            (c) any claim, demand, or cause of action based
17        upon the crime-related injury or death,
18            (d) the Federal Medicare program,
19            (e) the State Public Aid program,
20            (f) Social Security Administration burial
21        benefits,
22            (g) Veterans administration burial benefits,
23            (h) life, health, accident, vehicle, towing, or
24        liability insurance,
25            (i) the Criminal Victims' Escrow Account Act,
26            (j) the Sexual Assault Survivors Emergency

 

 

SB3713 Enrolled- 35 -LRB103 37601 JRC 67727 b

1        Treatment Act,
2            (k) restitution, or
3            (l) any other source;
4        (8) releases authorizing the surrender to the Court of
5    Claims or Attorney General of reports, documents and other
6    information relating to the matters specified under this
7    Act and rules promulgated in accordance with the Act;
8        (9) such other information as the Court of Claims or
9    the Attorney General reasonably requires.
10    (b) The Attorney General may require that materials
11substantiating the facts stated in the application be
12submitted with that application.
13    (b-5) The victim or applicant may provide to the Attorney
14General a sworn statement by the victim or applicant that
15attests to the victim's or applicant's experience of a crime
16or crimes of violence, in addition to documentation required
17under this Act. If the victim or applicant has additional
18corroborating evidence beyond those described in this Act, the
19victim or applicant may provide the following documents: law
20enforcement report; medical records; confirmation of sexual
21assault evidence collection; order of protection; civil no
22contact order, stalking no contact order; photographs; letter
23from a service provider who serves victims of crime; affidavit
24from a witness of the crime of violence; court record;
25military record; or any other corroborating evidence. Such
26documentation or statement may be used to supplement required

 

 

SB3713 Enrolled- 36 -LRB103 37601 JRC 67727 b

1documentation to verify the incident but is not required. If
2an applicant is seeking an exception under subsection (b) or
3(c-1) of Section 6.1, the applicant shall provide any
4additional documentation, information, or statement that
5substantiates the facts stated in the application.
6    (c) An applicant, on his or her own motion, may file an
7amended application or additional substantiating materials to
8correct inadvertent errors or omissions at any time before the
9original application has been disposed of by the Court of
10Claims or the Attorney General. In either case, the filing of
11additional information or of an amended application shall be
12considered for the purpose of this Act to have been filed at
13the same time as the original application.
14    For claims submitted on or after January 1, 2022, an
15amended application or additional substantiating materials to
16correct inadvertent errors or omissions may be filed at any
17time before the original application is disposed of by the
18Attorney General or the Court of Claims.
19    (d) Determinations submitted by the Attorney General to
20the Court of Claims shall be available to the Court of Claims
21for review. The Attorney General shall provide the sources and
22evidence relied upon as a basis for a compensation
23determination.
24    (e) The changes made to this Section by this amendatory
25Act of the 101st General Assembly apply to actions commenced
26or pending on or after January 1, 2022.

 

 

SB3713 Enrolled- 37 -LRB103 37601 JRC 67727 b

1(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21;
2102-905, eff. 1-1-23.)
 
3    (740 ILCS 45/8.1)  (from Ch. 70, par. 78.1)
4    Sec. 8.1. If an applicant does not submit all materials
5substantiating his or her claim as requested of him or her by
6the Attorney General, the Attorney General shall notify the
7applicant in writing of the specific additional items of
8information or materials required and that he or she has 45
9days in which to furnish those items to the Attorney General.
10The Attorney General shall report an applicant's failure to
11comply within 45 days of the foregoing notice to the Court of
12Claims. No award of compensation shall be made for any portion
13of the applicant's claim that is not substantiated by the
14applicant. An applicant may request an extension of time from
15the Attorney General prior to the expiration of the 45-day
16period.
17    After an application has been filed, an applicant's
18failure to respond to communication from the Office of the
19Attorney General or the Court of Claims or a failure to provide
20necessary documentation to substantiate the request for
21compensation may result in the claim being closed without
22compensation. An applicant may submit to have the claim
23reopened when the applicant is able to provide missing
24information and communicate regarding the claim.
25    Failure to update the Office of the Attorney General with

 

 

SB3713 Enrolled- 38 -LRB103 37601 JRC 67727 b

1changes to the applicant's contact information after the
2application is submitted to the Office of the Attorney General
3may result in applications that are not filed with the Court of
4Claims or claims that are closed without compensation.
5(Source: P.A. 102-27, eff. 1-1-22.)
 
6    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
7    Sec. 10.1. Award of compensation. The awarding of
8compensation and the amount of compensation to which an
9applicant and other persons are entitled shall be based on the
10following factors:
11        (a) Each victim may be compensated for his or her
12    pecuniary loss up to the maximum amount allowable.
13        (b) Each dependent may be compensated for loss of
14    support, as provided in paragraph (15) of subsection (h)
15    of Section 2.
16        (c) Any person, even though not dependent upon the
17    victim for his or her support, may be compensated for
18    reasonable expenses of the victim to the extent to which
19    he or she has paid or become obligated to pay such expenses
20    and only after compensation for reasonable funeral,
21    medical and hospital expenses of the victim have been
22    awarded may compensation be made for reasonable expenses
23    of the victim incurred for psychological treatment of a
24    mental or emotional condition caused or aggravated by the
25    crime. Persons that have paid or become obligated to pay

 

 

SB3713 Enrolled- 39 -LRB103 37601 JRC 67727 b

1    expenses for a victim shall share the maximum award with
2    the amount divided in proportion to the amount of the
3    actual loss among those entitled to compensation.
4        (d) Except for claims listed under subsection (d-1) of
5    this Section, an An award shall be reduced or denied
6    according to the extent to which the victim's injury or
7    death was caused by provocation or incitement by the
8    victim or the victim assisting, attempting, or committing
9    a criminal act. A denial or reduction shall not
10    automatically bar the survivors of homicide victims from
11    receiving compensation for counseling, crime scene
12    cleanup, relocation, funeral or burial costs, and loss of
13    support if the survivor's actions have not initiated,
14    provoked, or aggravated the suspect into initiating the
15    qualifying crime.
16        (d-1) For claims that a law enforcement officer's use
17    of force resulted in injury or death to a victim, an award
18    shall be reduced or denied to the extent by which the
19    victim's behavior posed an imminent threat of death or
20    serious bodily injury to the law enforcement officer or
21    another person and such behavior of the victim was a
22    direct and proximate cause of the victim's injury or
23    death. If a police report has been made, the police report
24    shall not be the sole factor if the Attorney General or
25    Court of Claims has identified reliable information that
26    conflicts with the police report.

 

 

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1        (d-2) A person who is criminally responsible for the
2    crime upon which a claim is based or an accomplice of such
3    person shall not be eligible to receive an award with
4    respect to such claim. A member of the family of a person
5    criminally responsible for the crime upon which a claim is
6    based or a member of the family of an accomplice of such
7    person shall be eligible to receive an award, unless the
8    person criminally responsible will receive substantial
9    economic benefit or unjust enrichment from the
10    compensation. In no event shall an applicant be denied
11    compensation solely because of the applicant's or the
12    victim's familial relationship with the offender or
13    because of the sharing of a dwelling by the victim or
14    applicant and the offender.
15        (d-3) A denial or reduction shall not automatically
16    bar the survivors of homicide victims from receiving
17    compensation for counseling, crime scene cleanup,
18    relocation, funeral or burial costs, and loss of support.
19        (e) An award shall be reduced by the amount of
20    benefits, payments or awards payable under those sources
21    which are required to be listed under item (7) of Section
22    7.1(a) and any other sources except annuities, pension
23    plans, Federal Social Security payments payable to
24    dependents of the victim and the net proceeds of the first
25    $25,000 of life insurance that would inure to the benefit
26    of the applicant, which the applicant or any other person

 

 

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1    dependent for the support of a deceased victim, as the
2    case may be, has received or to which he or she is entitled
3    as a result of injury to or death of the victim.
4        (f) A final award shall not exceed $10,000 for a crime
5    committed prior to September 22, 1979, $15,000 for a crime
6    committed on or after September 22, 1979 and prior to
7    January 1, 1986, $25,000 for a crime committed on or after
8    January 1, 1986 and prior to August 7, 1998, $27,000 for a
9    crime committed on or after August 7, 1998 and prior to
10    August 7, 2022, or $45,000 per victim for a crime
11    committed on or after August 7, 2022. For any applicant
12    who is not a victim, if the total pecuniary loss is greater
13    than the maximum amount allowed, the award shall be
14    divided in proportion to the amount of actual loss among
15    those entitled to compensation who are not victims.
16        (g) Compensation under this Act is a secondary source
17    of compensation and the applicant must show that he or she
18    has exhausted the benefits reasonably available under the
19    Criminal Victims' Escrow Account Act or any governmental
20    or medical or health insurance programs, including, but
21    not limited to, Workers' Compensation, the Federal
22    Medicare program, the State Public Aid program, Social
23    Security Administration burial benefits, and Veterans
24    Administration burial benefits, and life, health,
25    accident, full vehicle coverage (including towing
26    insurance, if available), or liability insurance.

 

 

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1    Crowdfunding resources available to applicants are not
2    considered collateral sources of payment, regardless of
3    any statements made about what expenses the crowdfunding
4    resources will be used to pay.
5(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23;
6103-564, eff. 11-17-23.)
 
7    (740 ILCS 45/18.5)
8    Sec. 18.5. Restrictions on collection of debts incurred by
9crime victims.
10    (a) Within 10 business days after the filing of a claim,
11the Office of the Attorney General shall issue an applicant a
12written notice of the crime victim compensation claim and
13inform the applicant that the applicant may provide a copy of
14the written notice to vendors to have debt collection
15activities cease while the claim is pending.
16    (b) An applicant may provide a copy of the written notice
17to a vendor waiting for payment of a related debt. A vendor
18that receives notice of the filing of a claim under this Act
19with the Court of Claims or Attorney General must cease all
20debt collection activities against the applicant for a related
21debt. A vendor that assists an applicant to complete or submit
22an application for compensation or a vendor that submits a
23bill to the Office of the Attorney General has constructive
24notice of the filing of the claim and must not engage in debt
25collection activities against the applicant for a related

 

 

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1debt. If the Court of Claims or Attorney General awards
2compensation for the related debt, a vendor shall not engage
3in debt collection activities while payment is pending. If the
4Court of Claims denies compensation for a vendor's bill for
5the related debt or a portion thereof, the vendor may not
6engage in debt collection activities until 45 days after the
7date of notice from the Court of Claims or the Attorney General
8denying compensation in whole or in part.
9    (c) A vendor that has notice of a compensation claim may:
10(1) submit a written request to the Attorney General for
11notification of the Attorney General's decision involving a
12related debt. The Attorney General shall provide notification
13of payment or denial of payment within 30 days of its decision;
14(2) submit a bill for a related debt to the Office of the
15Attorney General; and (3) contact the Office of the Attorney
16General to inquire about the status of the claim.
17    (d) The statute of limitations for collection of a related
18debt is tolled upon the filing of the claim with the Court of
19Claims and all civil actions in court against the applicant
20for a related debt shall be stayed until 45 days after the
21Attorney General denies or the Court of Claims enters an order
22denying compensation for the related debt or portion thereof.
23    (d-5) Any vendor that violates the provisions of this
24Section may be held liable to the affected victim or applicant
25in an action brought in a court of competent jurisdiction for
26such legal or equitable relief as may be appropriate to

 

 

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1effectuate the purposes of this Section.
2    (e) As used in this Section:
3        (1) "Crime victim" means a victim of a violent crime
4    or an applicant as defined in this Act.
5        (2) "Debt collection activities" means:
6            (A) communicating with, harassing, or intimidating
7        the crime victim for payment, including, but not
8        limited to: ,
9                (i) repeatedly calling or writing to the crime
10            victim or applicant or his or her relatives or
11            employers;
12                (ii) calling or writing to the victim or
13            applicant or his or her relatives or employers
14            after an explicit request to cease contact; and
15                (iii) threatening to refer the related debt to
16            a 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

 

 

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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. 102-27, eff. 1-1-22.)
 
16    Section 99. Effective date. The provisions changing
17Sections 2, 2.5, 4.2, 5.1, 6.1, 7.1, 8.1, and 10.1 of the Crime
18Victims Compensation Act take effect January 1, 2025. This
19Section and the provisions changing Sections 4.1 and 18.5 of
20the Crime Victims Compensation Act and the Juvenile Court Act
21of 1987 take effect upon becoming law.