HB4679 Engrossed

LRB094 17757 AJO 53056 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, or 
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    within one year after a criminal indictment of a person for 
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    an offense, upon
which the claim
is based, he files an 
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    application, under oath, with the Court of Claims and
on a 
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    form prescribed in accordance with Section 7.1 furnished by 
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    the
Attorney General.  If the person entitled to 
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    compensation is under 18 years
of age or under other legal 
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    disability at the time of the occurrence or
becomes legally 
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    disabled as a result of the occurrence, he may file the

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    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 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

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    injury to the victim or, in the event such notification was 
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    made more
than 72 hours after the perpetration of the 
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    crime, the applicant
establishes that such notice was 
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    timely under the circumstances.

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        (b-1) For victims of offenses defined in Sections 
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    12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal 
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    Code of 1961, the appropriate law enforcement officials 
 


 






HB4679 Engrossed
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LRB094 17757 AJO 53056 b




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    were notified within 7 days of the perpetration of the 
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    crime allegedly causing death or injury to the victim or, 
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    in the event that the notification was made more than 7 
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    days after the perpetration of the crime, the applicant 
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    establishes that the notice was timely under the 
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    circumstances.
(b-2) If the applicant has obtained an order 
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    of protection or a civil no contact order or has presented 
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    himself or herself to a hospital for sexual assault 
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    evidence collection and medical care, such action shall 
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    constitute appropriate notification under this subsection 
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    (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 
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    assailant. (c-1) If the applicant has obtained an order of 
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    protection or a civil no contact order or has presented 
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    himself or herself to a hospital for sexual assault 
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    evidence collection and medical care, such action shall 
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    constitute cooperation under this subsection (c) of this 
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    Section.

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        (d) The applicant is not the offender or an accomplice 
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    of the offender
and the award would not unjustly benefit 
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    the 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 
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    not substantially provoked by the victim.

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(Source: P.A. 94-192, eff. 1-1-06; revised 8-16-05.)