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| Public Act 095-0250 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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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 indictment 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
becomes legally | ||||
disabled as a result of the occurrence, he may file the
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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 | ||||
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 | ||
12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal | ||
Code of 1961, 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.
(b-2) If the applicant has obtained an order | ||
of protection or a civil no contact order or has presented | ||
himself or herself to a hospital for sexual assault | ||
evidence collection and medical care, such action shall | ||
constitute appropriate notification under this subsection | ||
(b-1) or subsection (b) or (b-1) of this Section.
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(c) The applicant has cooperated with law enforcement
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officials in the apprehension and prosecution of the | ||
assailant. (c-1) If the applicant has obtained an order of | ||
protection or a civil no contact order or has presented | ||
himself or herself to a hospital for sexual assault | ||
evidence collection and medical care, such action shall | ||
constitute cooperation under this subsection (c) of this | ||
Section.
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(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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(Source: P.A. 94-192, eff. 1-1-06; revised 8-16-05.)
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