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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0046
Introduced 1/19/2007, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED:
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725 ILCS 145/2.3 |
from Ch. 70, par. 402.3 |
725 ILCS 145/2.4 new |
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725 ILCS 145/3 |
from Ch. 70, par. 403 |
735 ILCS 5/2-2001 |
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735 ILCS 5/4-101 |
from Ch. 110, par. 4-101 |
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Amends the Criminal Victims' Asset Discovery Act. Provides that the Act applies to persons convicted of violent crimes (rather than first degree murder, a Class
X felony, or aggravated kidnapping). Amends the Code of Civil Procedure to make conforming changes. Provides that a victim of a violent crime (rather than first degree murder, a Class
X felony, or aggravated kidnapping) shall have a cause of action
against a defendant who has been convicted of a violent crime, or found not guilty by
reason of insanity or guilty but mentally ill of a violent crime, to recover damages
suffered by the victim of the violent crime.
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A BILL FOR
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HB0046 |
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LRB095 03664 RLC 23690 b |
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| AN ACT concerning criminal 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 Criminal Victims' Asset Discovery Act is |
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| amended by changing Sections 2.3 and 3 and by adding Section |
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| 2.4 as follows:
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| (725 ILCS 145/2.3) (from Ch. 70, par. 402.3)
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| Sec. 2.3. "Victim" means a person killed or physically |
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| injured in this
State as a result of a violent crime |
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| perpetrated or attempted against that person.
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| (Source: P.A. 81-906.)
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| (725 ILCS 145/2.4 new)
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| Sec. 2.4. Violent crime. "Violent crime" has the meaning |
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| ascribed to it in Section 3 of the Rights of Crime Victims and |
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| Witnesses Act.
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| (725 ILCS 145/3) (from Ch. 70, par. 403)
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| Sec. 3. Deposition; assets of criminal.
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| (a) Any person who has been convicted
of a violent crime
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| first degree murder, a Class X felony, or aggravated kidnapping |
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| in this
State, or who has been found not guilty by reason of
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| insanity or guilty but mentally ill of a violent crime
first |
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HB0046 |
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LRB095 03664 RLC 23690 b |
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| degree murder, a Class X felony,
or aggravated kidnapping,
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| involving a victim as
described in Section 2.3, or any other |
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| person who has reasonable grounds
to know of any assets of the |
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| person convicted of a violent crime
first degree murder, a |
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| Class
X felony, or aggravated kidnapping, or who has been
found |
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| not guilty by reason of insanity or guilty but mentally ill of |
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| a violent crime
first
degree murder, a Class X felony, or |
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| aggravated kidnapping, may be deposed by
the victim or the |
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| victim's legal representative concerning those assets.
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| (b) Upon written request of the victim, the Department of |
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| Corrections
shall notify the victim of any assets of the person
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| convicted of a violent crime
first degree murder, a Class X |
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| felony, or aggravated
kidnapping, or found not guilty by reason |
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| of
insanity or guilty but mentally ill of a violent crime
first |
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| degree murder, a Class X felony,
or aggravated kidnapping, |
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| known by the Department.
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| (c) The victim may seek attachment against the property of |
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| the
person convicted of first degree murder, a violent crime
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| Class X felony, or aggravated
kidnapping, or
found not
guilty |
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| by reason of insanity or
guilty but mentally ill of a violent |
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| crime
first degree murder, a Class X felony, or
aggravated |
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| kidnapping, against him
or her.
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| (Source: P.A. 87-1157; 88-378.)
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| Section 10. The Code of Civil Procedure is amended by |
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| changing Sections 2-2001 and 4-101 as follows:
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HB0046 |
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LRB095 03664 RLC 23690 b |
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| (735 ILCS 5/2-2001)
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| Sec. 2-2001. Crime victims. A victim of a violent crime as |
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| defined in Section 2.3
of the Criminal Victims' Asset Discovery |
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| Act shall have a cause of action
against a defendant who has |
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| been convicted of a violent crime, or found not guilty by
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| reason of insanity or guilty but mentally ill of a violent
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| crime, to recover damages
suffered by the victim of the violent
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| crime.
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| The Civil
Practice Law shall apply in the proceedings, and |
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| the case shall be tried as in
other civil cases. If the victim |
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| is deceased, the next of kin may maintain the
action.
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| (Source: P.A. 88-378.)
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| (735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
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| Sec. 4-101. Cause. In any court having competent |
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| jurisdiction, a creditor
having a money claim, whether |
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| liquidated or unliquidated, and whether sounding
in contract or |
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| tort, or based upon a statutory cause of action created by law
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| in favor of the People of the State of Illinois, or any agency |
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| of the State,
may have an attachment against the property of |
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| his or her debtor, or that of
any one or more of several |
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| debtors, either at the time of commencement of the
action or |
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| thereafter, when the claim exceeds $20,
in any one of the |
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| following cases:
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| 1. Where the debtor is not a resident of this State.
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HB0046 |
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LRB095 03664 RLC 23690 b |
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| 2. When the debtor conceals himself or herself or |
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| stands in defiance of an
officer, so that process cannot be |
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| served upon him or her.
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| 3. Where the debtor has departed from this State with |
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| the
intention of having his or her effects removed from |
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| this State.
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| 4. Where the debtor is about to depart from this State |
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| with the
intention of having his or her effects removed |
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| from this State.
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| 5. Where the debtor is about to remove his or her |
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| property from this
State to the injury of such creditor.
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| 6. Where the debtor has within 2 years preceding the |
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| filing of
the affidavit required, fraudulently conveyed or |
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| assigned his or her effects,
or a part thereof, so as to |
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| hinder or delay his or her creditors.
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| 7. Where the debtor has, within 2 years prior to the |
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| filing of
such affidavit, fraudulently concealed or |
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| disposed of his or her property so as
to hinder or delay |
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| his or her creditors.
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| 8. Where the debtor is about fraudulently to conceal, |
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| assign, or
otherwise dispose of his or her property or |
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| effects, so as to hinder or delay
his or her creditors.
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| 9. Where the debt sued for was fraudulently contracted |
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| on the
part of the debtor. The statements of the debtor, |
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| his or her agent or
attorney, which constitute the fraud, |
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| shall have been reduced to
writing, and his or her |
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HB0046 |
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LRB095 03664 RLC 23690 b |
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| signature attached thereto, by himself or herself,
agent or |
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| attorney.
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| 10. When the debtor is a person convicted of a violent |
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| crime
first degree murder, a
Class X felony, or aggravated |
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| kidnapping, or found not
guilty by reason of insanity or |
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| guilty but mentally ill of a violent crime
first degree
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| murder, a Class X felony, or aggravated kidnapping, against
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| the creditor and that crime makes the creditor a "victim" |
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| under the
Criminal Victims' Asset Discovery Act.
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| 11. When the debtor is referred by the Department of |
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| Corrections to the
Attorney
General under Section 3-7-6 of |
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| the Unified Code of Corrections to recover the
expenses |
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| incurred as a result of that debtor's cost of |
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| incarceration.
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| (Source: P.A. 93-508, eff. 1-1-04.)
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