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Judiciary II - Criminal Law Committee
Filed: 3/3/2005
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09400HB2389ham001 |
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LRB094 09365 LCB 42176 a |
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| AMENDMENT TO HOUSE BILL 2389
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| AMENDMENT NO. ______. Amend House Bill 2389 by replacing |
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| after the enacting clause with the following:
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| "Section 5. The Crime Victims Compensation Act is amended |
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| 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 |
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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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09400HB2389ham001 |
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LRB094 09365 LCB 42176 a |
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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 |
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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 (b-1) 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.)".
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