| ||||
Public Act 100-0358 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Insurance Claims Fraud Prevention Act is | ||||
amended by changing Section 25 as follows:
| ||||
(740 ILCS 92/25)
| ||||
Sec. 25. Costs and proceeds of action.
| ||||
(a) If the State's Attorney or Attorney General proceeds | ||||
with an action
brought
by a
person under Section 15, that | ||||
person is entitled to receive an amount that the
court | ||||
determines is
reasonable based upon the extent to which the | ||||
person contributed to the
prosecution of the action.
Subject to | ||||
subsection (d), the amount awarded to the person who brought | ||||
the
action shall not be
less than 30% of the proceeds of the | ||||
action or settlement of the claim, and
shall be paid from the
| ||||
proceeds.
| ||||
(b) If the State's Attorney or Attorney General does not | ||||
proceed with an
action
brought
by a person under Section 15, | ||||
that person shall receive an amount that the
court decides is
| ||||
reasonable for collecting the civil penalty and damages. | ||||
Subject to subsection
(d), the amount
shall not be less than | ||||
40% of the proceeds of the action or settlement, and
shall be | ||||
paid from the
proceeds.
|
(c) If the person bringing the action as a result of a | ||
violation of this Act
has paid money
to the defendant or to an | ||
attorney acting on behalf of the defendant in the
underlying | ||
claim, then
he or she shall be entitled to up to double the | ||
amount paid to the defendant or
the attorney if that
amount is | ||
greater than 50% of the proceeds.
| ||
(d) Where the action is one that the court finds to be | ||
based primarily on
disclosures of
specific information, other | ||
than information provided by the person bringing
the action | ||
under
Section 15, relating to allegations or transactions in a | ||
criminal, civil, or
administrative hearing, in
a legislative or | ||
administrative report, hearing, audit, or investigation, or
| ||
from the news media, the
court may award those sums that it | ||
considers appropriate, but in no case more
than 10% of the
| ||
proceeds, taking into account the significance of the | ||
information and the role
of the person
bringing the action in | ||
advancing the case to litigation.
| ||
(e) Any payment to a person under subsection (a), (b), (c), | ||
or (d) shall be
made from the
proceeds. The person shall also | ||
receive an amount for reasonable expenses that
the court finds | ||
to
have been necessarily incurred, plus reasonable attorney's | ||
fees and costs. All
of those expenses,
fees, and costs shall be | ||
awarded against the defendant.
| ||
(f) If a local State's Attorney has proceeded with an | ||
action under this Act,
the Treasurer
of the County where the | ||
action was brought shall receive an amount for
reasonable |
expenses that
the court finds to have been necessarily incurred | ||
by the State's Attorney,
including reasonable
attorney's fees | ||
and costs, plus 50% of the funds not awarded to a private
| ||
party. Those amounts
shall be used to investigate and prosecute | ||
insurance fraud, augmenting existing
budgets rather
than | ||
replacing them. All remaining funds shall go to the State and | ||
be deposited
in the General
Revenue Fund and, when | ||
appropriated, shall be allocated to appropriate State
agencies | ||
for
enhanced insurance fraud investigation, prosecution, and | ||
prevention efforts.
| ||
(g) If the Attorney General has proceeded with an action | ||
under this Act, all
funds not
awarded to a private party, shall | ||
go to the State and be deposited in the
General Revenue Fund
| ||
and, when appropriated, shall be allocated to appropriate State | ||
agencies for
enhanced insurance
fraud investigation, | ||
prosecution, and prevention efforts.
| ||
(h) If neither a local State's Attorney or the Attorney | ||
General has
proceeded
with an
action under this Act, 50% of the | ||
funds not awarded to a private party shall be
deposited with | ||
the
Treasurer of the County where the action was brought and | ||
shall be disbursed to
the State's
Attorney of the County where | ||
the action was brought. Those funds shall be used
by the | ||
State's
Attorney solely to investigate, prosecute, and prevent | ||
crime insurance fraud ,
augmenting existing
budgets rather than | ||
replacing them. All remaining funds shall go to the State
and | ||
be deposited in
the General Revenue Fund and, when |
appropriated, shall be allocated to
appropriate State
agencies | ||
for enhanced crime insurance fraud investigation, prosecution, | ||
and
prevention efforts.
| ||
(i) Whether or not the State's Attorney or Attorney General | ||
proceeds with
the
action, if
the court finds that the action | ||
was brought by a person who planned and
initiated the violation | ||
of
this Act, that person shall be dismissed from the civil | ||
action and shall not
receive any share of
the proceeds of the | ||
action. The dismissal shall not prejudice the right of the
| ||
State's Attorney or
Attorney General to continue the action on | ||
behalf of the State.
| ||
(j) If the State's Attorney or Attorney General does not | ||
proceed with the
action, and the
person bringing the action | ||
conducts the action, the court may award to the
defendant its
| ||
reasonable attorney's fees and expenses if the defendant | ||
prevails in the action
and the court finds
that the claim of | ||
the person bringing the action was clearly frivolous, clearly
| ||
vexatious, or
brought primarily for purposes of harassment.
| ||
(Source: P.A. 92-233, eff. 1-1-02.)
|