HB4679 Engrossed LRB094 17757 AJO 53056 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Crime Victims Compensation Act is amended by
5 changing Section 6.1 as follows:
 
6     (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
7     Sec. 6.1. Right to compensation. A person is entitled to
8 compensation under this Act if:
9         (a) Within 2 years of the occurrence of the crime, or
10     within one year after a criminal indictment of a person for
11     an offense, upon which the claim is based, he files an
12     application, under oath, with the Court of Claims and on a
13     form prescribed in accordance with Section 7.1 furnished by
14     the Attorney General. If the person entitled to
15     compensation is under 18 years of age or under other legal
16     disability at the time of the occurrence or becomes legally
17     disabled as a result of the occurrence, he may file the
18     application required by this subsection within 2 years
19     after he attains the age of 18 years or the disability is
20     removed, as the case may be. Legal disability includes a
21     diagnosis of posttraumatic stress disorder.
22         (b) For all crimes of violence, except those listed in
23     subsection (b-1) of this Section, the appropriate law
24     enforcement officials were notified within 72 hours of the
25     perpetration of the crime allegedly causing the death or
26     injury to the victim or, in the event such notification was
27     made more than 72 hours after the perpetration of the
28     crime, the applicant establishes that such notice was
29     timely under the circumstances.
30         (b-1) For victims of offenses defined in Sections
31     12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal
32     Code of 1961, the appropriate law enforcement officials

 

 

HB4679 Engrossed - 2 - LRB094 17757 AJO 53056 b

1     were notified within 7 days of the perpetration of the
2     crime allegedly causing death or injury to the victim or,
3     in the event that the notification was made more than 7
4     days after the perpetration of the crime, the applicant
5     establishes that the notice was timely under the
6     circumstances. (b-2) If the applicant has obtained an order
7     of protection or a civil no contact order or has presented
8     himself or herself to a hospital for sexual assault
9     evidence collection and medical care, such action shall
10     constitute appropriate notification under this subsection
11     (b-1) or subsection (b) or (b-1) of this Section.
12         (c) The applicant has cooperated with law enforcement
13     officials in the apprehension and prosecution of the
14     assailant. (c-1) If the applicant has obtained an order of
15     protection or a civil no contact order or has presented
16     himself or herself to a hospital for sexual assault
17     evidence collection and medical care, such action shall
18     constitute cooperation under this subsection (c) of this
19     Section.
20         (d) The applicant is not the offender or an accomplice
21     of the offender and the award would not unjustly benefit
22     the offender or his accomplice.
23         (e) The injury to or death of the victim was not
24     substantially attributable to his own wrongful act and was
25     not substantially provoked by the victim.
26 (Source: P.A. 94-192, eff. 1-1-06; revised 8-16-05.)