State of Illinois
92nd General Assembly

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HB1814 Enrolled                                LRB9203512OBpr

 1        AN ACT concerning crime victims.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Court  of  Claims  Act  is  amended  by
 5    changing Section 16 as follows:

 6        (705 ILCS 505/16) (from Ch. 37, par. 439.16)
 7        Sec. 16.  Concurrence of judges.  Concurrence of 4 judges
 8    is necessary to the decision of any case; provided,  however,
 9    the  court  in  its  discretion  may  assign  any  case  to a
10    commissioner for  hearing  and  final  decision,  subject  to
11    whatever  right  of  review  the  court by rule may choose to
12    exercise.  In matters involving the award of emergency  funds
13    under the Crime Victims Compensation Act, the decision of one
14    judge is necessary to award emergency funds.
15    (Source: P.A. 84-1240.)

16        Section  10.  The Violent Crime Victims Assistance Act is
17    amended by changing Sections 4 and 5 as follows:

18        (725 ILCS 240/4) (from Ch. 70, par. 504)
19        Sec. 4.  Advisory Commission created.  There is created a
20    Violent Crimes Advisory Commission,  hereinafter  called  the
21    Advisory   Commission,  consisting  of  18  16  members:  the
22    Attorney General, or his or her designee who shall  serve  as
23    Chairperson;  the  Illinois  Secretary of State or his or her
24    designee; the Chief Justice of the Court of Claims or his  or
25    her designee; the Director of Children and Family Services; 2
26    members of the House of Representatives, 1 to be appointed by
27    the  Speaker  of  the  House  and  1  to  be appointed by the
28    Minority Leader of the House; 2 members of the Senate,  1  to
29    be  appointed  by  the  President  of  the Senate and 1 to be
HB1814 Enrolled             -2-                LRB9203512OBpr
 1    appointed by the Minority  Leader  of  the  Senate;  and  the
 2    following  to be appointed by the Attorney General:  1 police
 3    officer; 1 State's Attorney from  a  county  in  Illinois;  1
 4    health   services   professional  possessing  experience  and
 5    expertise in dealing with the victims of violent  crime;  one
 6    person  who  is  employed  as an administrator at a public or
 7    private institution of higher education; one  person  who  is
 8    enrolled  as  a student at a public or private institution of
 9    higher education; and 5 members of the public,  one  of  whom
10    shall  be  a  senior  citizen  age  60  or  over,  possessing
11    experience and expertise in dealing with victims  of  violent
12    crime,  including  experience  with  victims  of domestic and
13    sexual violence.  The  members  of  the  Advisory  Commission
14    shall be appointed biennially for terms expiring on July 1 of
15    each succeeding odd-numbered year and shall serve until their
16    respective  successors  are appointed or until termination of
17    their  legislative  service,  whichever  first  occurs.   The
18    members of the Commission shall receive no  compensation  for
19    their services but shall be reimbursed for necessary expenses
20    incurred  in  the  performance  of  their  duties.  Vacancies
21    occurring because of death or resignation shall be filled  by
22    the  appointing  authority for the group in which the vacancy
23    occurs.
24        Nine Eight  members  of  the  Advisory  Commission  shall
25    constitute  a quorum for the transaction of business, and the
26    concurrence of at least 9 8 members  shall  be  necessary  to
27    render  a  determination,  decision  or recommendation by the
28    Advisory Committee.  In addition to the Attorney General, who
29    shall serve  as  Chairperson,  the  Advisory  Commission  may
30    select such other officers as it deems necessary.
31    (Source: P.A. 90-762, eff. 8-14-98.)

32        (725 ILCS 240/5) (from Ch. 70, par. 505)
33        Sec. 5.  Advisory Commission - General responsibilities.
HB1814 Enrolled             -3-                LRB9203512OBpr
 1        (a)  The  Advisory  Commission  shall  have the following
 2    responsibilities:
 3        (1)  To  study  the  operation  of  all  Illinois   laws,
 4    practices, agencies and organizations which affect victims of
 5    crime   including  but  not  limited  to  the  Crime  Victims
 6    Compensation Act;
 7        (2)  To promote and conduct studies,  research,  analysis
 8    and investigation of matters affecting the interests of crime
 9    victims;
10        (3)  To  recommend  legislation  to  develop  and improve
11    policies which promote  the  recognition  of  the  legitimate
12    rights, needs and interests of crime victims;
13        (4)  To  serve  as a clearinghouse for public information
14    relating to crime victims' problems and programs;
15        (5)  To coordinate, monitor and evaluate  the  activities
16    of programs operating under this Act;
17        (6)  To  make any necessary outreach efforts to encourage
18    the development and maintenance of  services  throughout  the
19    State,   with   special   attention   to   the   regions  and
20    neighborhoods with the greatest need  for  victim  assistance
21    services;
22        (7)  To perform other activities, in cooperation with the
23    Attorney  General,  which  the  Advisory Commission considers
24    useful to the furtherance of the stated legislative intent;
25        (8)  To make an annual report to the General Assembly.
26        (b)  The Advisory Committee may also perform any  of  the
27    functions  enumerated  in  subparagraph  (a)  of this section
28    relative to witnesses to crime.
29    (Source: P.A. 83-908.)

30        Section 15.  The Criminal Code  of  1961  is  amended  by
31    adding Section 17-5.5 as follows:

32        (720 ILCS 5/17-5.5 new)
HB1814 Enrolled             -4-                LRB9203512OBpr
 1        Sec.  17-5.5.  Unlawful  attempt  to  collect compensated
 2    debt against a crime victim.
 3        (a)  As used in this  Section,  "crime  victim"  means  a
 4    victim  of  a  violent  crime  or applicant as defined in the
 5    Crime Victims Compensation Act.
 6        "Compensated debt" means a debt incurred by or on  behalf
 7    of  a  crime  victim and approved for payment by the Court of
 8    Claims under the Crime Victims Compensation Act.
 9        (b)  A person or a vendor commits the offense of unlawful
10    attempt to collect a compensated debt against a crime  victim
11    when,  with intent to collect funds for a debt incurred by or
12    on behalf of a crime victim, which debt has been approved for
13    payment by the  Court  of  Claims  under  the  Crime  Victims
14    Compensation  Act,  but  the funds are involuntarily withheld
15    from the person or vendor by the Comptroller by virtue of  an
16    outstanding  obligation  owed  by the person or vendor to the
17    State under the Uncollected State Claims Act, the  person  or
18    vendor:
19             (1)  communicates with, harasses, or intimidates the
20        crime victim for payment;
21             (2)  contacts  or  distributes information to affect
22        the compensated crime victim's credit rating as a  result
23        of the compensated debt; or
24             (3)  takes  any  other  action  adverse to the crime
25        victim or his or her family on account of the compensated
26        debt.
27        (c)  Unlawful  attempt  to  collect  a  compensated  debt
28    against a crime victim is a Class A misdemeanor.
29        (d)  Nothing in this Act prevents the attempt to  collect
30    an  uncompensated  debt  or  an  uncompensated  portion  of a
31    compensated debt incurred by or on behalf of a  crime  victim
32    and not covered under the Crime Victims Compensation Act.

33        Section   20.  The  Crime  Victims  Compensation  Act  is
HB1814 Enrolled             -5-                LRB9203512OBpr
 1    amended by changing Sections 6.1,  17,  and  18,  and  adding
 2    Section 10.2 as follows:

 3        (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
 4        Sec.  6.1.  Right  to compensation.  A person is entitled
 5    to compensation under this Act if:
 6        (a)  Within 2 years one year of  the  occurrence  of  the
 7    crime upon which the claim is based, he files an application,
 8    under oath, with the Court of Claims and on a form prescribed
 9    in  accordance  with  Section  7.1  furnished by the Attorney
10    General.  If the person entitled to compensation is under  18
11    years  of  age or under other legal disability at the time of
12    the occurrence or becomes legally disabled as a result of the
13    occurrence, he may file  the  application  required  by  this
14    subsection  within  2 years one year after he attains the age
15    of 18 years or the disability is removed, as the case may be.
16    Upon good cause shown, the Court of  Claims  may  extend  the
17    time  for  filing  the application for a period not exceeding
18    one year.  The Court of Claims may by general orders  provide
19    for the extensions of time to file applications.
20        (b)  The   appropriate  law  enforcement  officials  were
21    notified within 72 hours of the  perpetration  of  the  crime
22    allegedly  causing  the  death or injury to the victim or, in
23    the event such notification was made more than 72 hours after
24    the perpetration of the crime, the applicant establishes that
25    such notice was timely under the circumstances.
26        (c)  The  applicant  has  cooperated   fully   with   law
27    enforcement  officials in the apprehension and prosecution of
28    the assailant.
29        (d)  The applicant is not the offender or  an  accomplice
30    of  the offender and the award would not unjustly benefit the
31    offender or his accomplice.
32        (e)  The injury  to  or  death  of  the  victim  was  not
33    substantially  attributable  to  his own wrongful act and was
HB1814 Enrolled             -6-                LRB9203512OBpr
 1    not substantially provoked by the victim.
 2    (Source: P.A. 86-1009; 86-1221.)

 3        (740 ILCS 45/10.2 new)
 4        Sec. 10.2.  Emergency awards.
 5        (a)  If  it  appears,  prior  to  taking  action  on   an
 6    application,  that the claim is one for which compensation is
 7    probable, and undue hardship will result to the applicant  if
 8    immediate  payment  is  not  made,  the  Attorney General may
 9    recommend and the  Court  may  make  an  emergency  award  of
10    compensation  to  the  applicant, pending a final decision in
11    the case, provided the amount of emergency compensation  does
12    not  exceed $2,000.  The amount of emergency compensation for
13    funeral and burial expenses may not exceed $1,000. The amount
14    of emergency compensation shall be deducted  from  any  final
15    award  made as a result of the claim.  The full amount of the
16    emergency award if no final award is made shall be repaid  by
17    the applicant to the State of Illinois.
18        (b)  Emergency   award   applicants   must   satisfy  all
19    requirements under Section 6.1 of this Act.

20        (740 ILCS 45/17) (from Ch. 70, par. 87)
21        Sec. 17.  (a) Subrogation.  The Court of Claims may award
22    compensation on the condition that the applicant subrogate to
23    the State his rights to collect damages from the assailant or
24    any  third  party  who  may  be  liable  in  damages  to  the
25    applicant.  In such a  case  the  Attorney  General  may,  on
26    behalf  of the State, bring an action against an assailant or
27    third party for money damages,  but  must  first  notify  the
28    applicant  and  give him an opportunity to participate in the
29    prosecution  of  the  action.   The  excess  of  the   amount
30    recovered  in such action over the amount of the compensation
31    offered and accepted or awarded under this Act plus costs  of
32    the  action  and  attorneys'  fees actually incurred shall be
HB1814 Enrolled             -7-                LRB9203512OBpr
 1    paid to the applicant.
 2        (b)  Nothing  in  this  Act  affects  the  right  of  the
 3    applicant to seek civil damages from the  assailant  and  any
 4    other  party,  but that applicant must give written notice to
 5    the Attorney General of the making of a claim or  the  filing
 6    of an action for such damages. Failure to notify the Attorney
 7    General  of  such  claims  and  actions  at the time they are
 8    instituted or at the  time  an  application  is  filed  is  a
 9    willful  omission  of fact and the applicant thereby  becomes
10    subject to the provisions of Section 20 of this Act.
11        (c)  The  State  has  a  charge   for   the   amount   of
12    compensation paid under this Act upon all claims or causes of
13    action  against  an  assailant and any other party to recover
14    for the injuries or death of a victim which  were  the  basis
15    for  that  payment of compensation.  At the time compensation
16    is ordered to be paid under this Act,  the  Court  of  Claims
17    shall  give  written  notice of this charge to the applicant.
18    The charge attaches to any verdict or judgment entered and to
19    any money or property which is recovered on  account  of  the
20    claim  or  cause of action against the assailant or any other
21    party after the notice is given.  On petition  filed  by  the
22    Attorney  General on behalf of the State or by the applicant,
23    the circuit  court,  on  written  notice  to  all  interested
24    parties,  shall  adjudicate  the  right  of  the  parties and
25    enforce the charge.  This  subsection  does  not  affect  the
26    priority of a lien under "AN ACT creating attorney's lien and
27    for enforcement of same", filed June 16, 1909, as amended.
28        (d)  Where compensation is awarded under this Act and the
29    person  receiving  same also receives any sum required to be,
30    and that has not been deducted under Section 10.1,  he  shall
31    refund  to  the  State the amount of compensation paid to him
32    which would have been deducted at  the  time  the  award  was
33    made.
34        (e)  An  amount  not to exceed 25% of all money recovered
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 1    under subsections (b) or (c) of this Section shall be  placed
 2    in  the  Violent Crime Victims Assistance Fund to assist with
 3    costs related to recovery efforts.  "Recovery efforts"  means
 4    those  activities that are directly attributable to obtaining
 5    restitution, civil suit recoveries, and other reimbursements.
 6    (Source: P.A. 84-545.)

 7        (740 ILCS 45/18) (from Ch. 70, par. 88)
 8        Sec. 18.  Claims against awards.
 9        (a)  An award is not subject to enforcement,  attachment,
10    garnishment,  or  other  process, except that an award is not
11    exempt from a claim of a creditor to the extent  that  he  or
12    she  provided products, services, or accommodations the costs
13    of which are included in the award.
14        (b)  An assignment or agreement  to  assign  a  right  to
15    compensation   for   loss   accruing   in   the   future   is
16    unenforceable, except:
17             (1)  an  assignment  of  a right to compensation for
18        work loss to  secure  payment  of  maintenance  or  child
19        support; or
20             (2)  an assignment of a right to compensation to the
21        extent   of   the   cost   of   products,   services,  or
22        accommodations necessitated by the  injury  or  death  on
23        which  the  claim  is  based  and  are  provided or to be
24        provided by the assignee.
25        (c)  The court may order that all  or  a  portion  of  an
26    award  be paid jointly to the applicant and another person or
27    solely and directly to another person to the extent that such
28    other   person   has   provided   products,    services    or
29    accommodations, the costs of which are included in the award.
30    The  provisions  of  this amendatory Act of 1994 apply to all
31    pending claims in existence on the  effective  date  of  this
32    amendatory Act of 1994.
33        (d)  If  an award under subsection (c) of this Section is
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 1    offset by the Comptroller, pursuant to the Uncollected  State
 2    Claims Act, the intended individual or entity must credit the
 3    applicant's or victim's account for the amount ordered by the
 4    Court  of  Claims,  and  the intended individual or entity is
 5    prohibited from pursuing payment from the applicant or victim
 6    for any  portion  that  is  offset.   The  Comptroller  shall
 7    provide  notice  as  provided  in  Section 10.05 of the State
 8    Comptroller Act.
 9    (Source: P.A. 88-601, eff. 1-1-95.)

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