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Public Act 100-1037
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| HB2063 Enrolled | LRB100 04604 HEP 14610 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Crime Victims Compensation Act is amended by |
changing Section 6.1 as follows:
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(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
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Sec. 6.1. Right to compensation. A person is entitled to |
compensation
under this Act if:
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(a) Within 2 years of the occurrence of the crime, or |
within one year after a criminal charge of a person for an |
offense, upon
which the claim
is based, he files an |
application, under oath, with the Court of Claims and
on a |
form prescribed in accordance with Section 7.1 furnished by |
the
Attorney General. If the person entitled to |
compensation is under 18 years
of age or under other legal |
disability at the time of the occurrence or
is determined |
by a court to be under a legal disability as a result of |
the occurrence, he may file the
application required by |
this subsection within 2 years after
he attains
the age of |
18 years or the disability is removed, as the case may be. |
Legal disability includes a diagnosis of posttraumatic |
stress disorder.
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(b) For all crimes of violence, except those listed in |
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subsection (b-1) of this Section, the appropriate law |
enforcement officials were notified within
72 hours of the |
perpetration of the crime allegedly causing the death or
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injury to the victim or, in the event such notification was |
made more
than 72 hours after the perpetration of the |
crime, the applicant
establishes that such notice was |
timely under the circumstances.
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(b-1) For victims of offenses defined in Sections 10-9, |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, |
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or |
the Criminal Code of 2012, the appropriate law enforcement |
officials were notified within 7 days of the perpetration |
of the crime allegedly causing death or injury to the |
victim or, in the event that the notification was made more |
than 7 days after the perpetration of the crime, the |
applicant establishes that the notice was timely under the |
circumstances.
If the applicant or victim has obtained an |
order of protection, a civil no contact order, or a |
stalking no contact order, or has presented himself or |
herself to a hospital for sexual assault evidence |
collection and medical care, or is engaged in a legal |
proceeding involving a claim that the applicant or victim |
is a victim of human trafficking, such action shall |
constitute appropriate notification under this subsection |
(b-1) or subsection (b) of this Section. |
(c) The applicant has cooperated with law enforcement
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officials in the apprehension and prosecution of the |
assailant. If the applicant or victim has obtained an order |
of protection, a civil no contact order, or a stalking no |
contact order, or has presented himself or herself to a |
hospital for sexual assault evidence collection and |
medical care, or is engaged in a legal proceeding involving |
a claim that the applicant or victim is a victim of human |
trafficking, such action shall constitute cooperation |
under this subsection (c). If the victim is under 18 years |
of age at the time of the commission of the offense, the |
following shall constitute cooperation under this |
subsection (c):
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(1) the applicant or the victim files a police |
report with a law enforcement agency; |
(2) a mandated reporter reports the crime to law |
enforcement; or |
(3) a person with firsthand knowledge of the crime |
reports the crime to law enforcement. |
(d) The applicant is not the offender or an accomplice |
of the offender
and the award would not unjustly benefit |
the offender or his accomplice.
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(e) The injury to or death of the victim was not |
substantially attributable
to his own wrongful act and was |
not substantially provoked by the victim.
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(f) For victims of offenses defined in Section 10-9 of |
the Criminal Code of 2012, the victim submits a statement |