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LRB095 04779 AJO 24838 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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LRB095 04779 AJO 24838 b |
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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 |
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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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LRB095 04779 AJO 24838 b |
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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.)
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