HB2389 Engrossed

LRB094 09365 LCB 41002 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,
 
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represented in the General Assembly:


 
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    Section 5. The Crime Victims Compensation Act is amended  by 
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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 
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compensation
under this Act if:

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    (a) Within 2 years of the occurrence of the crime upon

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which the claim
is based, he files an application, under oath, 
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with the Court of Claims and
on a form prescribed in accordance 
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with Section 7.1 furnished by the
Attorney General.  If the 
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person entitled to compensation is under 18 years
of age or 
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under other legal disability at the time of the occurrence or

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becomes legally disabled as a result of the occurrence, he may 
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file the
application required by this subsection within 2 years 
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after
he attains
the age of 18 years or the disability is 
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removed, as the case may be. Legal disability includes a 
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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
The appropriate law 
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enforcement officials were notified within
72 hours of the 
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perpetration of the crime allegedly causing the death or
injury 
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to the victim or, in the event such notification was made more

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than 72 hours after the perpetration of the crime, the 
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applicant
establishes that such notice was timely under the 
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circumstances.

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    (b-1) For victims of offenses defined in Sections 12-13, 
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12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961, 
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the appropriate law enforcement officials were notified within 
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7 days of the perpetration of the crime allegedly causing death 
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or injury to the victim or, in the event that the notification 
 


 






HB2389 Engrossed
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LRB094 09365 LCB 41002 b




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was made more than 7 days after the perpetration of the crime, 
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the applicant establishes that the notice was timely under the 
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circumstances.

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    (b-2) If the applicant has obtained an order of protection 
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or a civil no contact order or has presented himself or herself 
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to a hospital for sexual assault evidence collection and 
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medical care, such action shall constitute appropriate 
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notification under subsection (b) or (b-1) of this Section.

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    (c) The applicant has cooperated fully with law enforcement

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officials in the apprehension and prosecution of the assailant.

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    (c-1) If the applicant has obtained an order of protection 
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or a civil no contact order or has presented himself or herself 
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to a hospital for sexual assault evidence collection and 
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medical care, such action shall constitute cooperation under 
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subsection (c) of this Section.

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    (d) The applicant is not the offender or an accomplice of 
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the offender
and the award would not unjustly benefit the 
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offender or his accomplice.

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    (e) The injury to or death of the victim was not 
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substantially attributable
to his own wrongful act and was not 
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substantially provoked by the victim.

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(Source: P.A. 92-286, eff. 1-1-02.)