Illinois General Assembly - Full Text of SB0627
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0627  102nd General Assembly

SB0627 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0627

 

Introduced 2/24/2021, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Crime Victims Compensation Act. Deletes language providing that a victim does not include a person who is convicted of a felony until that person is discharged from probation or released from a correctional institution and has been discharged from parole or mandatory supervised release. Provides instead that a victim's criminal history or felony status shall not automatically prevent compensation to that victim. Expands the powers and duties of the Attorney General. Changes the amount of time a person entitled to compensation under the Act has to present an application to the Attorney General to 3 (rather than 2) years. Provides considerations for the Attorney General to consider in determining whether cooperation of the applicant has been reasonable. Provides that an award shall be reduced or denied according to the extent to which the victim's acts or conduct instigated or aggravated (rather than contributed) his or her injury or death and the victim's actions reasonably led to him or her being victimized (rather than the extent to which any prior criminal conviction or conduct of the victim may have directly or indirectly contributed to the injury or death of the victim). Provides that a denial or reduction shall not automatically bar the survivors of homicide victims from receiving specified services if the survivor's actions have not initiated, provoked, or aggravated the suspect into initiating the qualifying crime. Provides that emergency awards may be issued for the purpose of paying funeral and burial expenses and any relocation expenses incurred by the applicant. Provides that certain changes in the Act apply to actions commenced or pending on or after January 1, 2022. Makes other changes. Amends the Sexual Assault Survivors Emergency Treatment Act. Removes references to the Crime Victim Services Division. Effective immediately.


LRB102 12054 LNS 17390 b

 

 

A BILL FOR

 

SB0627LRB102 12054 LNS 17390 b

1    AN ACT concerning crime victims.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sexual Assault Survivors Emergency
5Treatment Act is amended by changing Section 7.5 as follows:
 
6    (410 ILCS 70/7.5)
7    Sec. 7.5. Prohibition on billing sexual assault survivors
8directly for certain services; written notice; billing
9protocols.
10    (a) A hospital, approved pediatric health care facility,
11health care professional, ambulance provider, laboratory, or
12pharmacy furnishing medical forensic services, transportation,
13follow-up healthcare, or medication to a sexual assault
14survivor shall not:
15        (1) charge or submit a bill for any portion of the
16    costs of the services, transportation, or medications to
17    the sexual assault survivor, including any insurance
18    deductible, co-pay, co-insurance, denial of claim by an
19    insurer, spenddown, or any other out-of-pocket expense;
20        (2) communicate with, harass, or intimidate the sexual
21    assault survivor for payment of services, including, but
22    not limited to, repeatedly calling or writing to the
23    sexual assault survivor and threatening to refer the

 

 

SB0627- 2 -LRB102 12054 LNS 17390 b

1    matter to a debt collection agency or to an attorney for
2    collection, enforcement, or filing of other process;
3        (3) refer a bill to a collection agency or attorney
4    for collection action against the sexual assault survivor;
5        (4) contact or distribute information to affect the
6    sexual assault survivor's credit rating; or
7        (5) take any other action adverse to the sexual
8    assault survivor or his or her family on account of
9    providing services to the sexual assault survivor.
10    (b) Nothing in this Section precludes a hospital, health
11care provider, ambulance provider, laboratory, or pharmacy
12from billing the sexual assault survivor or any applicable
13health insurance or coverage for inpatient services.
14    (c) Every hospital and approved pediatric health care
15facility providing treatment services to sexual assault
16survivors in accordance with a plan approved under Section 2
17of this Act shall provide a written notice to a sexual assault
18survivor. The written notice must include, but is not limited
19to, the following:
20        (1) a statement that the sexual assault survivor
21    should not be directly billed by any ambulance provider
22    providing transportation services, or by any hospital,
23    approved pediatric health care facility, health care
24    professional, laboratory, or pharmacy for the services the
25    sexual assault survivor received as an outpatient at the
26    hospital or approved pediatric health care facility;

 

 

SB0627- 3 -LRB102 12054 LNS 17390 b

1        (2) a statement that a sexual assault survivor who is
2    admitted to a hospital may be billed for inpatient
3    services provided by a hospital, health care professional,
4    laboratory, or pharmacy;
5        (3) a statement that prior to leaving the hospital or
6    approved pediatric health care facility, the hospital or
7    approved pediatric health care facility will give the
8    sexual assault survivor a sexual assault services voucher
9    for follow-up healthcare if the sexual assault survivor is
10    eligible to receive a sexual assault services voucher;
11        (4) the definition of "follow-up healthcare" as set
12    forth in Section 1a of this Act;
13        (5) a phone number the sexual assault survivor may
14    call should the sexual assault survivor receive a bill
15    from the hospital or approved pediatric health care
16    facility for medical forensic services;
17        (6) the toll-free phone number of the Office of the
18    Illinois Attorney General, Crime Victim Services Division,
19    which the sexual assault survivor may call should the
20    sexual assault survivor receive a bill from an ambulance
21    provider, approved pediatric health care facility, a
22    health care professional, a laboratory, or a pharmacy.
23    This subsection (c) shall not apply to hospitals that
24provide transfer services as defined under Section 1a of this
25Act.
26    (d) Within 60 days after the effective date of this

 

 

SB0627- 4 -LRB102 12054 LNS 17390 b

1amendatory Act of the 99th General Assembly, every health care
2professional, except for those employed by a hospital or
3hospital affiliate, as defined in the Hospital Licensing Act,
4or those employed by a hospital operated under the University
5of Illinois Hospital Act, who bills separately for medical or
6forensic services must develop a billing protocol that ensures
7that no survivor of sexual assault will be sent a bill for any
8medical forensic services and submit the billing protocol to
9the Crime Victim Services Division of the Office of the
10Attorney General for approval. Within 60 days after the
11commencement of the provision of medical forensic services,
12every health care professional, except for those employed by a
13hospital or hospital affiliate, as defined in the Hospital
14Licensing Act, or those employed by a hospital operated under
15the University of Illinois Hospital Act, who bills separately
16for medical or forensic services must develop a billing
17protocol that ensures that no survivor of sexual assault is
18sent a bill for any medical forensic services and submit the
19billing protocol to the Crime Victim Services Division of the
20Office of the Attorney General for approval. Health care
21professionals who bill as a legal entity may submit a single
22billing protocol for the billing entity.
23    Within 60 days after the Department's approval of a
24treatment plan, an approved pediatric health care facility and
25any health care professional employed by an approved pediatric
26health care facility must develop a billing protocol that

 

 

SB0627- 5 -LRB102 12054 LNS 17390 b

1ensures that no survivor of sexual assault is sent a bill for
2any medical forensic services and submit the billing protocol
3to the Crime Victim Services Division of the Office of the
4Attorney General for approval.
5    The billing protocol must include at a minimum:
6        (1) a description of training for persons who prepare
7    bills for medical and forensic services;
8        (2) a written acknowledgement signed by a person who
9    has completed the training that the person will not bill
10    survivors of sexual assault;
11        (3) prohibitions on submitting any bill for any
12    portion of medical forensic services provided to a
13    survivor of sexual assault to a collection agency;
14        (4) prohibitions on taking any action that would
15    adversely affect the credit of the survivor of sexual
16    assault;
17        (5) the termination of all collection activities if
18    the protocol is violated; and
19        (6) the actions to be taken if a bill is sent to a
20    collection agency or the failure to pay is reported to any
21    credit reporting agency.
22    The Crime Victim Services Division of the Office of the
23Attorney General may provide a sample acceptable billing
24protocol upon request.
25    The Office of the Attorney General shall approve a
26proposed protocol if it finds that the implementation of the

 

 

SB0627- 6 -LRB102 12054 LNS 17390 b

1protocol would result in no survivor of sexual assault being
2billed or sent a bill for medical forensic services.
3    If the Office of the Attorney General determines that
4implementation of the protocol could result in the billing of
5a survivor of sexual assault for medical forensic services,
6the Office of the Attorney General shall provide the health
7care professional or approved pediatric health care facility
8with a written statement of the deficiencies in the protocol.
9The health care professional or approved pediatric health care
10facility shall have 30 days to submit a revised billing
11protocol addressing the deficiencies to the Office of the
12Attorney General. The health care professional or approved
13pediatric health care facility shall implement the protocol
14upon approval by the Crime Victim Services Division of the
15Office of the Attorney General.
16    The health care professional or approved pediatric health
17care facility shall submit any proposed revision to or
18modification of an approved billing protocol to the Crime
19Victim Services Division of the Office of the Attorney General
20for approval. The health care professional or approved
21pediatric health care facility shall implement the revised or
22modified billing protocol upon approval by the Crime Victim
23Services Division of the Office of the Illinois Attorney
24General.
25    (e) This Section is effective on and after July 1, 2021.
26(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 

 

 

SB0627- 7 -LRB102 12054 LNS 17390 b

1    Section 10. The Crime Victims Compensation Act is amended
2by changing Sections 2, 2.5, 4.1, 6.1, 7.1, 8.1, 9.1, 10.1,
310.2, 12, 12.1, 13.1, 15, 16, 18, 18.5, and 20 as follows:
 
4    (740 ILCS 45/2)  (from Ch. 70, par. 72)
5    Sec. 2. Definitions. As used in this Act, unless the
6context otherwise requires:
7    (a) "Applicant" means any person who applies for
8compensation under this Act or any person the Court of Claims
9or the Attorney General finds is entitled to compensation,
10including the guardian of a minor or of a person under legal
11disability. It includes any person who was a dependent of a
12deceased victim of a crime of violence for his or her support
13at the time of the death of that victim.
14    The changes made to this subsection by this amendatory Act
15of the 102nd General Assembly apply to actions commenced or
16pending on or after January 1, 2022.
17    (b) "Court of Claims" means the Court of Claims created by
18the Court of Claims Act.
19    (c) "Crime of violence" means and includes any offense
20defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
2110-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2211-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
2312-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
2412-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,

 

 

SB0627- 8 -LRB102 12054 LNS 17390 b

112-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
2or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
3subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
41961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
5the Cemetery Protection Act, Section 125 of the Stalking No
6Contact Order Act, Section 219 of the Civil No Contact Order
7Act, driving under the influence as defined in Section 11-501
8of the Illinois Vehicle Code, a violation of Section 11-401 of
9the Illinois Vehicle Code, provided the victim was a
10pedestrian or was operating a vehicle moved solely by human
11power or a mobility device at the time of contact, and a
12violation of Section 11-204.1 of the Illinois Vehicle Code; so
13long as the offense did not occur during a civil riot,
14insurrection or rebellion. "Crime of violence" does not
15include any other offense or accident involving a motor
16vehicle except those vehicle offenses specifically provided
17for in this paragraph. "Crime of violence" does include all of
18the offenses specifically provided for in this paragraph that
19occur within this State but are subject to federal
20jurisdiction and crimes involving terrorism as defined in 18
21U.S.C. 2331.
22    (d) "Victim" means (1) a person killed or injured in this
23State as a result of a crime of violence perpetrated or
24attempted against him or her, (2) the spouse or parent of a
25person killed or injured in this State as a result of a crime
26of violence perpetrated or attempted against the person, (3) a

 

 

SB0627- 9 -LRB102 12054 LNS 17390 b

1person killed or injured in this State while attempting to
2assist a person against whom a crime of violence is being
3perpetrated or attempted, if that attempt of assistance would
4be expected of a reasonable person under the circumstances,
5(4) a person killed or injured in this State while assisting a
6law enforcement official apprehend a person who has
7perpetrated a crime of violence or prevent the perpetration of
8any such crime if that assistance was in response to the
9express request of the law enforcement official, (5) a person
10who personally witnessed a violent crime, (5.05) a person who
11will be called as a witness by the prosecution to establish a
12necessary nexus between the offender and the violent crime,
13(5.1) solely for the purpose of compensating for pecuniary
14loss incurred for psychological treatment of a mental or
15emotional condition caused or aggravated by the crime, any
16other person under the age of 18 who is the brother, sister,
17half brother, half sister, child, or stepchild of a person
18killed or injured in this State as a result of a crime of
19violence, (6) an Illinois resident who is a victim of a "crime
20of violence" as defined in this Act except, if the crime
21occurred outside this State, the resident has the same rights
22under this Act as if the crime had occurred in this State upon
23a showing that the state, territory, country, or political
24subdivision of a country in which the crime occurred does not
25have a compensation of victims of crimes law for which that
26Illinois resident is eligible, (7) a deceased person whose

 

 

SB0627- 10 -LRB102 12054 LNS 17390 b

1body is dismembered or whose remains are desecrated as the
2result of a crime of violence, or (8) solely for the purpose of
3compensating for pecuniary loss incurred for psychological
4treatment of a mental or emotional condition caused or
5aggravated by the crime, any parent, spouse, or child under
6the age of 18 of a deceased person whose body is dismembered or
7whose remains are desecrated as the result of a crime of
8violence.
9    (e) "Dependent" means a relative of a deceased victim who
10was wholly or partially dependent upon the victim's income at
11the time of his or her death and shall include the child of a
12victim born after his or her death.
13    (f) "Relative" means a spouse, parent, grandparent,
14stepfather, stepmother, child, grandchild, brother,
15brother-in-law, sister, sister-in-law, half brother, half
16sister, spouse's parent, nephew, niece, uncle or aunt.
17    (g) "Child" means an unmarried son or daughter who is
18under 18 years of age and includes a stepchild, an adopted
19child or a child born out of wedlock.
20    (h) "Pecuniary loss" means, in the case of injury,
21appropriate medical expenses and hospital expenses including
22expenses of medical examinations, rehabilitation, medically
23required nursing care expenses, appropriate psychiatric care
24or psychiatric counseling expenses, appropriate expenses for
25care or counseling by a licensed clinical psychologist,
26licensed clinical social worker, licensed professional

 

 

SB0627- 11 -LRB102 12054 LNS 17390 b

1counselor, or licensed clinical professional counselor and
2expenses for treatment by Christian Science practitioners and
3nursing care appropriate thereto; transportation expenses to
4and from medical and counseling treatment facilities;
5prosthetic appliances, eyeglasses, and hearing aids necessary
6or damaged as a result of the crime; costs associated with
7trafficking tattoo removal by a person authorized or licensed
8to perform the specific removal procedure; replacement costs
9for clothing and bedding used as evidence; costs associated
10with temporary lodging or relocation necessary as a result of
11the crime, including, but not limited to, the first month's
12rent and security deposit of the dwelling that the claimant
13relocated to and other reasonable relocation expenses incurred
14as a result of the violent crime; locks or windows necessary or
15damaged as a result of the crime; the purchase, lease, or
16rental of equipment necessary to create usability of and
17accessibility to the victim's real and personal property, or
18the real and personal property which is used by the victim,
19necessary as a result of the crime; the costs of appropriate
20crime scene cleanup clean-up; replacement services loss, to a
21maximum of $1,250 per month; dependents replacement services
22loss, to a maximum of $1,250 per month; loss of tuition paid to
23attend grammar school or high school when the victim had been
24enrolled as a student prior to the injury, or college or
25graduate school when the victim had been enrolled as a day or
26night student prior to the injury when the victim becomes

 

 

SB0627- 12 -LRB102 12054 LNS 17390 b

1unable to continue attendance at school as a result of the
2crime of violence perpetrated against him or her; loss of
3earnings, loss of future earnings because of disability
4resulting from the injury, and, in addition, in the case of
5death, expenses for funeral, burial, and travel and transport
6for survivors of homicide victims to secure bodies of deceased
7victims and to transport bodies for burial all of which may be
8awarded up to not exceed a maximum of $10,000 $7,500 and loss
9of support of the dependents of the victim; in the case of
10dismemberment or desecration of a body, expenses for funeral
11and burial, all of which may be awarded up to not exceed a
12maximum of $10,000 $7,500. Loss of future earnings shall be
13reduced by any income from substitute work actually performed
14by the victim or by income he or she would have earned in
15available appropriate substitute work he or she was capable of
16performing but unreasonably failed to undertake. Loss of
17earnings, loss of future earnings and loss of support shall be
18determined on the basis of the victim's average net monthly
19earnings for the 6 months immediately preceding the date of
20the injury or on $2,400 $1,250 per month, whichever is less or,
21in cases where the absences commenced more than 3 years from
22the date of the crime, on the basis of the net monthly earnings
23for the 6 months immediately preceding the date of the first
24absence, not to exceed $2,400 $1,250 per month. If a divorced
25or legally separated applicant is claiming loss of support for
26a minor child of the deceased, the amount of support for each

 

 

SB0627- 13 -LRB102 12054 LNS 17390 b

1child shall be based either on the amount of support pursuant
2to the judgment prior to the date of the deceased victim's
3injury or death, or, if the subject of pending litigation
4filed by or on behalf of the divorced or legally separated
5applicant prior to the injury or death, on the result of that
6litigation. Real and personal property includes, but is not
7limited to, vehicles, houses, apartments, town houses, or
8condominiums. Pecuniary loss does not include pain and
9suffering or property loss or damage.
10    The changes made to this subsection by this amendatory Act
11of the 102nd General Assembly apply to actions commenced or
12pending on or after January 1, 2022.
13    (i) "Replacement services loss" means expenses reasonably
14incurred in obtaining ordinary and necessary services in lieu
15of those the injured person would have performed, not for
16income, but for the benefit of himself or herself or his or her
17family, if he or she had not been injured.
18    (j) "Dependents replacement services loss" means loss
19reasonably incurred by dependents or private legal guardians
20of minor dependents after a victim's death in obtaining
21ordinary and necessary services in lieu of those the victim
22would have performed, not for income, but for their benefit,
23if he or she had not been fatally injured.
24    (k) "Survivor" means immediate family including a parent,
25stepfather, stepmother, child, brother, sister, or spouse.
26    (l) "Parent" means a natural parent, adopted parent,

 

 

SB0627- 14 -LRB102 12054 LNS 17390 b

1stepparent, or permanent legal guardian of another person.
2    (m) "Trafficking tattoo" is a tattoo which is applied to a
3victim in connection with the commission of a violation of
4Section 10-9 of the Criminal Code of 2012.
5(Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
6    (740 ILCS 45/2.5)
7    Sec. 2.5. Felon as victim. A victim's criminal history or
8felony status shall not automatically prevent compensation to
9that victim or the victim's family. However, no compensation
10may be granted to a victim or applicant under this Act while
11the applicant or victim is held in a correctional institution
12or is on parole, probation, or mandatory supervised release.
13Notwithstanding paragraph (d) of Section 2, "victim" does not
14include a person who is convicted of a felony until that person
15is discharged from probation or is released from a
16correctional institution and has been discharged from parole
17or mandatory supervised release, if any. For purposes of this
18Section, the death of a felon who is serving a term of parole,
19probation, or mandatory supervised release shall be considered
20a discharge from that sentence. No compensation may be granted
21to an applicant under this Act during a period of time that the
22applicant is held in a correctional institution.
23    A victim who has been convicted of a felony may apply for
24assistance under this Act at any time but no award of
25compensation may be considered until the applicant meets the

 

 

SB0627- 15 -LRB102 12054 LNS 17390 b

1requirements of this Section.
2    The changes made to this Section by this amendatory Act of
3the 96th General Assembly apply to actions commenced or
4pending on or after the effective date of this amendatory Act
5of the 96th General Assembly.
6(Source: P.A. 96-267, eff. 8-11-09.)
 
7    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)
8    Sec. 4.1. In addition to other powers and duties set forth
9in this Act and other powers exercised by the Attorney
10General, the Attorney General shall:
11        (1) investigate all claims and prepare and present an
12    investigatory report and a draft award determination a
13    report of each applicant's claim to the Court of Claims
14    for a review period of 28 business days; prior to the
15    issuance of an order by the Court of Claims,
16        (2) upon conclusion of the review by the Court of
17    Claims, provide the applicant with a compensation
18    determination letter;
19        (3) prescribe and furnish all applications and other
20    forms required to be filed in the office of the Attorney
21    General by the terms of this Act; , and
22        (4) represent the interests of the State of Illinois
23    in any hearing before the Court of Claims.
24    The changes made to this Section by this amendatory Act of
25the 102nd General Assembly apply to actions commenced or

 

 

SB0627- 16 -LRB102 12054 LNS 17390 b

1pending on or after January 1, 2022.
2(Source: P.A. 97-817, eff. 1-1-13.)
 
3    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
4    Sec. 6.1. Right to compensation. A person is entitled to
5compensation under this Act if:
6        (a) Within 3 2 years of the occurrence of the crime, or
7    within one year after a criminal charge of a person for an
8    offense, upon which the claim is based, the applicant
9    presents he files an application, under oath, to the
10    Attorney General that is filed with the Court of Claims
11    and on a form prescribed in accordance with Section 7.1
12    furnished by the Attorney General. If the person entitled
13    to compensation is under 18 years of age or under other
14    legal disability at the time of the occurrence or is
15    determined by a court to be under a legal disability as a
16    result of the occurrence, he or she may present file the
17    application required by this subsection within 3 2 years
18    after he or she attains the age of 18 years or the
19    disability is removed, as the case may be. Legal
20    disability includes a diagnosis of posttraumatic stress
21    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

 

 

SB0627- 17 -LRB102 12054 LNS 17390 b

1    injury to the victim or, in the event such notification
2    was made more than 72 hours after the perpetration of the
3    crime, the applicant establishes that such notice was
4    timely under the circumstances.
5        (b-1) For victims of offenses defined in Sections
6    10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
7    12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
8    1961 or the Criminal Code of 2012, the appropriate law
9    enforcement officials were notified within 7 days of the
10    perpetration of the crime allegedly causing death or
11    injury to the victim or, in the event that the
12    notification was made more than 7 days after the
13    perpetration of the crime, the applicant establishes that
14    the notice was timely under the circumstances. If the
15    applicant or victim has obtained an order of protection, a
16    civil no contact order, or a stalking no contact order,
17    has presented himself or herself to a hospital for medical
18    care or sexual assault evidence collection and medical
19    care, or is engaged in a legal proceeding involving a
20    claim that the applicant or victim is a victim of human
21    trafficking, such action shall constitute appropriate
22    notification under this subsection (b-1) or subsection (b)
23    of this Section.
24        (c) The applicant has cooperated with law enforcement
25    officials in the apprehension and prosecution of the
26    assailant. If the applicant or victim has obtained an

 

 

SB0627- 18 -LRB102 12054 LNS 17390 b

1    order of protection, a civil no contact order, or a
2    stalking no contact order, has presented himself or
3    herself to a hospital for medical care or sexual assault
4    evidence collection and medical care, or is engaged in a
5    legal proceeding involving a claim that the applicant or
6    victim is a victim of human trafficking, such action shall
7    constitute cooperation under this subsection (c). If the
8    victim is under 18 years of age at the time of the
9    commission of the offense, the following shall constitute
10    cooperation under this subsection (c):
11            (1) the applicant or the victim files a police
12        report with a law enforcement agency;
13            (2) a mandated reporter reports the crime to law
14        enforcement; or
15            (3) a person with firsthand knowledge of the crime
16        reports the crime to law enforcement.
17        (d) The applicant is not the offender or an accomplice
18    of the offender and the award would not unjustly benefit
19    the offender or his accomplice.
20        (e) (Blank). The injury to or death of the victim was
21    not substantially attributable to his own wrongful act and
22    was not substantially provoked by the victim.
23        (f) For victims of offenses defined in Section 10-9 of
24    the Criminal Code of 2012, the victim submits a statement
25    under oath on a form prescribed by the Attorney General
26    attesting that the removed tattoo was applied in

 

 

SB0627- 19 -LRB102 12054 LNS 17390 b

1    connection with the commission of the offense.
2        (g) In determining whether cooperation has been
3    reasonable, the Attorney General and Court of Claims may
4    consider the victim's age, physical condition,
5    psychological state, cultural or linguistic barriers, and
6    compelling health and safety concerns, including, but not
7    limited to, a reasonable fear of retaliation or harm that
8    would jeopardize the well-being of the victim or the
9    victim's family, and giving due consideration to the
10    degree of cooperation that the victim or derivative victim
11    is capable of in light of the presence of any of these
12    factors, or any other factor the Attorney General
13    considers relevant.
14    The changes made to this Section by this amendatory Act of
15the 102nd General Assembly apply to actions commenced or
16pending on or after January 1, 2022.
17(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18;
18100-1037, eff. 1-1-19.)
 
19    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
20    Sec. 7.1. (a) The application shall set out:
21        (1) the name and address of the victim;
22        (2) if the victim is deceased, the name and address of
23    the applicant and his or her relationship to the victim,
24    the names and addresses of other persons dependent on the
25    victim for their support and the extent to which each is so

 

 

SB0627- 20 -LRB102 12054 LNS 17390 b

1    dependent, and other persons who may be entitled to
2    compensation for a pecuniary loss;
3        (3) the date and nature of the crime on which the
4    application for compensation is based;
5        (4) the date and place where and the law enforcement
6    officials to whom notification of the crime was given;
7        (5) the nature and extent of the injuries sustained by
8    the victim, and the names and addresses of those giving
9    medical and hospitalization treatment to the victim;
10        (6) the pecuniary loss to the applicant and to such
11    other persons as are specified under item (2) resulting
12    from the injury or death;
13        (7) the amount of benefits, payments, or awards, if
14    any, payable under:
15            (a) the Workers' Compensation Act,
16            (b) the Dram Shop Act,
17            (c) any claim, demand, or cause of action based
18        upon the crime-related injury or death,
19            (d) the Federal Medicare program,
20            (e) the State Public Aid program,
21            (f) Social Security Administration burial
22        benefits,
23            (g) Veterans administration burial benefits,
24            (h) life, health, accident or liability insurance,
25            (i) the Criminal Victims' Escrow Account Act,
26            (j) the Sexual Assault Survivors Emergency

 

 

SB0627- 21 -LRB102 12054 LNS 17390 b

1        Treatment Act,
2            (k) restitution, or
3            (l) any other source;
4        (8) releases authorizing the surrender to the Court of
5    Claims or Attorney General of reports, documents and other
6    information relating to the matters specified under this
7    Act and rules promulgated in accordance with the Act;
8        (9) such other information as the Court of Claims or
9    the Attorney General reasonably requires.
10    (b) The Attorney General may require that materials
11substantiating the facts stated in the application be
12submitted with that application.
13    (c) An applicant, on his or her own motion, may file an
14amended application or additional substantiating materials to
15correct inadvertent errors or omissions at any time before the
16original application has been disposed of by the Court of
17Claims or the Attorney General. In either case, the filing of
18additional information or of an amended application shall be
19considered for the purpose of this Act to have been filed at
20the same time as the original application.
21    For claims submitted on or after January 1, 2022, an
22amended application or additional substantiating materials to
23correct inadvertent errors or omissions may be filed at any
24time before the original application is disposed of by the
25Attorney General or the Court of Claims.
26    (d) Determinations submitted by the Attorney General to

 

 

SB0627- 22 -LRB102 12054 LNS 17390 b

1the Court of Claims shall be available to the Court of Claims
2for review. The Attorney General shall provide the sources and
3evidence relied upon as a basis for a compensation
4determination.
5    (e) The changes made to this Section by this amendatory
6Act of the 102nd General Assembly apply to actions commenced
7or pending on or after January 1, 2022.
8(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
9    (740 ILCS 45/8.1)  (from Ch. 70, par. 78.1)
10    Sec. 8.1. If an applicant does not submit all materials
11substantiating his or her claim as requested of him or her by
12the Attorney General, the Attorney General shall notify the
13applicant in writing of the specific additional items of
14information or materials required and that he or she has 45 30
15days in which to furnish those items to the Attorney General.
16The Attorney General shall report an applicant's failure to
17comply within 45 30 days of the foregoing notice to the Court
18of Claims. No award of compensation shall be made for any
19portion of the applicant's claim that is not substantiated by
20the applicant. An applicant may request an extension of time
21from the Attorney General prior to the expiration of the
2245-day 30 day period.
23(Source: P.A. 81-1013.)
 
24    (740 ILCS 45/9.1)  (from Ch. 70, par. 79.1)

 

 

SB0627- 23 -LRB102 12054 LNS 17390 b

1    Sec. 9.1. In determining whether an applicant is entitled
2to compensation, the Attorney General and Court of Claims
3shall consider the facts stated in the application and other
4material and information. However, the Attorney General and
5Court of Claims need not consider whether the alleged
6assailant has been apprehended. In reviewing a determination
7by the Attorney General, the Court of Claims shall consider
8the facts stated in the application and other material and
9information submitted and the report of the Attorney General.
10However, the Court of Claims need not consider whether or not
11the alleged assailant has been apprehended.
12    The changes made to this Section by this amendatory Act of
13the 102nd General Assembly apply to actions commenced or
14pending on or after January 1, 2022.
15(Source: P.A. 81-1013.)
 
16    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
17    Sec. 10.1. Amount of compensation. The amount of
18compensation to which an applicant and other persons are
19entitled shall be based on the following factors:
20    (a) A victim may be compensated for his or her pecuniary
21loss.
22    (b) A dependent may be compensated for loss of support.
23    (c) Any person, even though not dependent upon the victim
24for his or her support, may be compensated for reasonable
25expenses of the victim to the extent to which he or she has

 

 

SB0627- 24 -LRB102 12054 LNS 17390 b

1paid or become obligated to pay such expenses and only after
2compensation for reasonable funeral, medical and hospital
3expenses of the victim have been awarded may compensation be
4made for reasonable expenses of the victim incurred for
5psychological treatment of a mental or emotional condition
6caused or aggravated by the crime.
7    (d) An award shall be reduced or denied according to the
8extent to which the victim's acts or conduct instigated or
9aggravated provoked or contributed to his or her injury or
10death and the victim's actions reasonably led to him or her
11being victimized. A denial or reduction shall not
12automatically bar the survivors of homicide victims from
13receiving compensation for counseling, crime scene cleanup,
14relocation, funeral or burial costs, and loss of support if
15the survivor's actions have not initiated, provoked, or
16aggravated the suspect into initiating the qualifying crime ,
17or the extent to which any prior criminal conviction or
18conduct of the victim may have directly or indirectly
19contributed to the injury or death of the victim.
20    (e) An award shall be reduced by the amount of benefits,
21payments or awards payable under those sources which are
22required to be listed under item (7) of Section 7.1(a) and any
23other sources except annuities, pension plans, Federal Social
24Security payments payable to dependents of the victim and the
25net proceeds of the first $25,000 of life insurance that would
26inure to the benefit of the applicant, which the applicant or

 

 

SB0627- 25 -LRB102 12054 LNS 17390 b

1any other person dependent for the support of a deceased
2victim, as the case may be, has received or to which he or she
3is entitled as a result of injury to or death of the victim.
4    (f) A final award shall not exceed $10,000 for a crime
5committed prior to September 22, 1979, $15,000 for a crime
6committed on or after September 22, 1979 and prior to January
71, 1986, $25,000 for a crime committed on or after January 1,
81986 and prior to August 7, 1998, or $27,000 for a crime
9committed on or after August 7, 1998. If the total pecuniary
10loss is greater than the maximum amount allowed, the award
11shall be divided in proportion to the amount of actual loss
12among those entitled to compensation.
13    (g) Compensation under this Act is a secondary source of
14compensation and the applicant must show that he or she has
15exhausted the benefits reasonably available under the Criminal
16Victims' Escrow Account Act or any governmental or medical or
17health insurance programs, including but not limited to
18Workers' Compensation, the Federal Medicare program, the State
19Public Aid program, Social Security Administration burial
20benefits, Veterans Administration burial benefits, and life,
21health, accident or liability insurance.
22(Source: P.A. 97-817, eff. 1-1-13.)
 
23    (740 ILCS 45/10.2)
24    Sec. 10.2. Emergency awards.
25    (a) If it appears, prior to taking action on an

 

 

SB0627- 26 -LRB102 12054 LNS 17390 b

1application, that the claim is one for which compensation is
2probable, and undue hardship will result to the applicant if
3immediate payment is not made, the Attorney General may
4recommend and the Court may make an emergency award of
5compensation to the applicant, pending a final decision in the
6case, provided the amount of emergency compensation does not
7exceed $2,000. Emergency awards may be issued to the applicant
8for the purpose of paying funeral and burial expenses directly
9to a funeral home and for relocation expenses incurred by an
10applicant. The amount of emergency compensation shall be
11deducted from any final award made as a result of the claim.
12The full amount of the emergency award if no final award is
13made shall be repaid by the applicant to the State of Illinois.
14    (b) Emergency award applicants must satisfy all
15requirements under Section 6.1 of this Act.
16(Source: P.A. 97-817, eff. 1-1-13.)
 
17    (740 ILCS 45/12)  (from Ch. 70, par. 82)
18    Sec. 12. No fee may be charged to the applicant in any
19proceeding under this Act except as provided in this Act. If
20the applicant is represented by counsel or some other duly
21authorized agent in making application under this Act or in
22any further proceedings provided for in this Act, that counsel
23or agent may receive no payment for his or her services in
24preparing or presenting the application before the Court of
25Claims or the Attorney General. He or she may, however, charge

 

 

SB0627- 27 -LRB102 12054 LNS 17390 b

1fees to the applicant for representing him or her at a hearing
2provided for in this Act but only in such an amount as the
3Court of Claims or the Attorney General determines to be
4reasonable.
5    The changes made to this Section by this amendatory Act of
6the 102nd General Assembly apply to actions commenced or
7pending on or after January 1, 2022.
8(Source: P.A. 78-359.)
 
9    (740 ILCS 45/12.1)  (from Ch. 70, par. 82.1)
10    Sec. 12.1. The Court of Claims may, after without a
11hearing, make an award to a person who has filed an application
12or any other person it finds is entitled to compensation,
13including the guardian or conservator of a minor or
14incompetent, based upon the application, the other information
15and materials submitted with the application, and the report
16of the Attorney General.
17    The changes made to this Section by this amendatory Act of
18the 102nd General Assembly apply to actions commenced or
19pending on or after January 1, 2022.
20(Source: P.A. 81-1013.)
 
21    (740 ILCS 45/13.1)  (from Ch. 70, par. 83.1)
22    Sec. 13.1. (a) A hearing before a Commissioner of the
23Court of Claims shall be held for those claims in which:
24        (1) the Court of Claims on its own motion sets a

 

 

SB0627- 28 -LRB102 12054 LNS 17390 b

1    hearing;
2        (2) the Attorney General petitions the Court of Claims
3    for a hearing;
4        (3) a claim has been disposed of without a hearing and
5    an applicant has been denied compensation or has been
6    awarded compensation which he or she thinks is inadequate
7    and he or she petitions the Court of Claims for a hearing
8    within 30 days of the date of issuance of the
9    determination order sought to be reviewed. The petition
10    shall set forth the reasons for which review is sought and
11    a recitation of any additional evidence the applicant
12    desires to present to the Court. A copy of the petition
13    shall be provided to the Attorney General. Documentation
14    to be presented at a hearing of the Court of Claims must be
15    submitted to the Attorney General at least 10 working days
16    before the hearing date. Failure to do so may result in a
17    continuance of the hearing.
18    (b) At hearings held under this Act before Commissioners
19of the Court of Claims, any statement, document, information
20or matter may be received in evidence if in the opinion of the
21Court or its Commissioner such evidence would contribute to
22reaching a decision on a determination of the claim,
23regardless of whether such evidence would be admissible in a
24court of law.
25    (c) Petition for rehearing.
26        (1) The Court of Claims may order a rehearing of a

 

 

SB0627- 29 -LRB102 12054 LNS 17390 b

1    matter decided after a hearing, if, in reaching its
2    decision:
3            (A) the court has overlooked, misapplied, or
4        failed to consider a statute, decision, or directly
5        controlling principle;
6            (B) the court has overlooked or misconceived some
7        material fact or proposition of law; or
8            (C) the court has overlooked or misconceived a
9        material question in the case.
10        (2) A rehearing may not be granted if it is sought
11    merely for the purpose of obtaining a reargument on and
12    reconsideration of matters which have already been fully
13    considered by the court.
14        (3) The petition shall specify which of the grounds in
15    paragraph (1) of this subsection (c) exists and shall
16    specifically designate that portion of the opinion, or the
17    record, or that particular authority, which the petitioner
18    wishes the court to consider. A copy of the petition shall
19    be served on the opposing party. No petition for rehearing
20    shall exceed 10 typewritten pages. No memoranda or briefs
21    in support of a petition for rehearing, and no response to
22    a petition for rehearing, shall be received unless
23    requested by the court.
24    The changes made to this Section by this amendatory Act of
25the 102nd General Assembly apply to actions commenced or
26pending on or after January 1, 2022.

 

 

SB0627- 30 -LRB102 12054 LNS 17390 b

1(Source: P.A. 97-817, eff. 1-1-13.)
 
2    (740 ILCS 45/15)  (from Ch. 70, par. 85)
3    Sec. 15. At When disposition is made without a hearing or
4at the conclusion of a hearing held under this Act, the Court
5of Claims shall enter an order stating (1) its findings of
6fact, (2) its decision as to whether or not compensation is due
7under this Act, (3) the amount of compensation, if any, which
8is due under this Act, (4) whether disbursement of the
9compensation awarded is to be made in a lump sum or in periodic
10payments, and (5) the person or persons to whom the
11compensation should be paid.
12    The changes made to this Section by this amendatory Act of
13the 102nd General Assembly apply to actions commenced or
14pending on or after January 1, 2022.
15(Source: P.A. 81-1013.)
 
16    (740 ILCS 45/16)  (from Ch. 70, par. 86)
17    Sec. 16. The Court of Claims, on its own motion or upon the
18written request of any applicant, may modify an award of
19compensation made under this Act or reconsider a denial of
20compensation. No hearing need be held, however, unless the
21written request states facts which were not known to the
22applicant or by the exercise of reasonable diligence could not
23have been ascertained by him or her at the time of the entry of
24the order or determination sought to be modified and which

 

 

SB0627- 31 -LRB102 12054 LNS 17390 b

1would have directly affected the determination of whether or
2not compensation should be awarded and, if so, the amount of
3that compensation.
4    The changes made to this Section by this amendatory Act of
5the 102nd General Assembly apply to actions commenced or
6pending on or after January 1, 2022.
7(Source: P.A. 81-1013.)
 
8    (740 ILCS 45/18)  (from Ch. 70, par. 88)
9    Sec. 18. Claims against awards.
10    (a) An award is not subject to enforcement, attachment,
11garnishment, or other process, except that an award is not
12exempt from a claim of a creditor to the extent that he or she
13provided products, services, or accommodations the costs of
14which are included in the award.
15    (b) An assignment or agreement to assign a right to
16compensation for loss accruing in the future is unenforceable,
17except:
18        (1) an assignment of a right to compensation for work
19    loss to secure payment of maintenance or child support; or
20        (2) an assignment of a right to compensation to the
21    extent of the cost of products, services, or
22    accommodations necessitated by the injury or death on
23    which the claim is based and are provided or to be provided
24    by the assignee.
25    (c) The Attorney General may determine or the court may

 

 

SB0627- 32 -LRB102 12054 LNS 17390 b

1order that all or a portion of an award be paid jointly to the
2applicant and another person or solely and directly to another
3person to the extent that such other person has provided
4products, services or accommodations, the costs of which are
5included in the award, or to another person to the extent that
6such other person paid or became obligated to pay expenses
7incurred by the victim or applicant.
8    (d) If an award under subsection (c) of this Section is
9offset by the Comptroller, pursuant to the Uncollected State
10Claims Act, the intended individual or entity must credit the
11applicant's or victim's account for the amount ordered by the
12Court of Claims, and the intended individual or entity is
13prohibited from pursuing payment from the applicant or victim
14for any portion that is offset. The Comptroller shall provide
15notice as provided in Section 10.05 of the State Comptroller
16Act.
17    The changes made to this Section by this amendatory Act of
18the 102nd General Assembly apply to actions commenced or
19pending on or after January 1, 2022.
20(Source: P.A. 97-817, eff. 1-1-13.)
 
21    (740 ILCS 45/18.5)
22    Sec. 18.5. Restrictions on collection of debts incurred by
23crime victims.
24    (a) Within 10 business days after the filing of a claim,
25the Office of the Attorney General shall issue an applicant a

 

 

SB0627- 33 -LRB102 12054 LNS 17390 b

1written notice of the crime victim compensation claim and
2inform the applicant that the applicant may provide a copy of
3the written notice to vendors to have debt collection
4activities cease while the claim is pending.
5    (b) An applicant may provide a copy of the written notice
6to a vendor waiting for payment of a related debt. A vendor
7that receives notice of the filing of a claim under this Act
8with the Court of Claims or Attorney General must cease all
9debt collection activities against the applicant for a related
10debt. A vendor that assists an applicant to complete or submit
11an application for compensation or a vendor that submits a
12bill to the Office of the Attorney General has constructive
13notice of the filing of the claim and must not engage in debt
14collection activities against the applicant for a related
15debt. If the Court of Claims or Attorney General awards
16compensation for the related debt, a vendor shall not engage
17in debt collection activities while payment is pending. If the
18Court of Claims denies compensation for a vendor's bill for
19the related debt or a portion thereof, the vendor may not
20engage in debt collection activities until 45 days after the
21date of notice from an order of the Court of Claims or the
22Attorney General denying compensation in whole or in part.
23    (c) A vendor that has notice of a compensation claim may:
24        (1) submit a written request to the Attorney General
25    Court of Claims for notification of the Attorney General's
26    Court's decision involving a related debt. The Attorney

 

 

SB0627- 34 -LRB102 12054 LNS 17390 b

1    General Court of Claims shall provide notification of
2    payment or denial of payment within 30 days of its
3    decision;
4        (2) submit a bill for a related debt to the Office of
5    the Attorney General; and
6        (3) contact the Office of the Attorney General to
7    inquire about the status of the claim.
8    (d) The statute of limitations for collection of a related
9debt is tolled upon the filing of the claim with the Court of
10Claims and all civil actions in court against the applicant
11for a related debt shall be stayed until 45 days after the
12Attorney General denies or the Court of Claims enters an order
13denying compensation for the related debt or portion thereof.
14    (e) As used in this Section:
15        (1) "Crime victim" means a victim of a violent crime
16    or an applicant as defined in this Act.
17        (2) "Debt collection activities" means:
18            (A) communicating with, harassing, or intimidating
19        the crime victim for payment, including, but not
20        limited to, repeatedly calling or writing to the crime
21        victim and threatening to refer the related debt to a
22        debt collection agency or to an attorney for
23        collection, enforcement, or the filing of other
24        process;
25            (B) contacting a credit ratings agency or
26        distributing information to affect the crime victim's

 

 

SB0627- 35 -LRB102 12054 LNS 17390 b

1        credit rating as a result of the related debt;
2            (C) referring a bill, or portion thereof, to a
3        collection agency or attorney for collection action
4        against the crime victim; or
5            (D) taking any other action adverse to the crime
6        victim or his or her family on account of the related
7        debt.
8        "Debt collection activities" does not include billing
9    insurance or other government programs, routine inquiries
10    about coverage by private insurance or government
11    programs, or routine billing that indicates that the
12    amount is not due pending resolution of the crime victim
13    compensation claim.
14        (3) "Related debt" means a debt or expense for
15    hospital, medical, dental, or counseling services incurred
16    by or on behalf of a crime victim as a direct result of the
17    crime.
18        (4) "Vendor" includes persons, providers of service,
19    vendors' agents, debt collection agencies, and attorneys
20    hired by a vendor.
21    (f) The changes made to this Section by this amendatory
22Act of the 102nd General Assembly apply to actions commenced
23or pending on or after January 1, 2022.
24(Source: P.A. 99-444, eff. 1-1-16.)
 
25    (740 ILCS 45/20)  (from Ch. 70, par. 90)

 

 

SB0627- 36 -LRB102 12054 LNS 17390 b

1    Sec. 20. (a) In addition to any other civil liability or
2criminal penalties provided by law, a person who the Court of
3Claims or the Attorney General finds has willfully misstated
4or omitted facts relevant to the determination of whether
5compensation is due under this Act or of the amount of that
6compensation, whether in making application for compensation
7or in the further proceedings provided for in this Act, shall
8be denied compensation under this Act.
9    (b) A person who is convicted of having willfully
10misstated or omitted facts relevant to the determination of
11whether compensation is due under this Act or of the amount of
12that compensation, whether in making application for
13compensation or in the further proceedings provided for in
14this Act, shall be guilty of a Class A misdemeanor.
15(Source: P.A. 81-1013.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.

 

 

SB0627- 37 -LRB102 12054 LNS 17390 b

1 INDEX
2 Statutes amended in order of appearance
3    410 ILCS 70/7.5
4    740 ILCS 45/2from Ch. 70, par. 72
5    740 ILCS 45/2.5
6    740 ILCS 45/4.1from Ch. 70, par. 74.1
7    740 ILCS 45/6.1from Ch. 70, par. 76.1
8    740 ILCS 45/7.1from Ch. 70, par. 77.1
9    740 ILCS 45/8.1from Ch. 70, par. 78.1
10    740 ILCS 45/9.1from Ch. 70, par. 79.1
11    740 ILCS 45/10.1from Ch. 70, par. 80.1
12    740 ILCS 45/10.2
13    740 ILCS 45/12from Ch. 70, par. 82
14    740 ILCS 45/12.1from Ch. 70, par. 82.1
15    740 ILCS 45/13.1from Ch. 70, par. 83.1
16    740 ILCS 45/15from Ch. 70, par. 85
17    740 ILCS 45/16from Ch. 70, par. 86
18    740 ILCS 45/18from Ch. 70, par. 88
19    740 ILCS 45/18.5
20    740 ILCS 45/20from Ch. 70, par. 90