Full Text of SB0031 95th General Assembly
SB0031 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0031
Introduced 1/31/2007, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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740 ILCS 45/6.1 |
from Ch. 70, par. 76.1 |
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Amends the Crime Victims Compensation Act. Provides an alternative time for filing a claim: that a crime victim may file a claim within one year after the criminal indictment of a person for a crime upon which the claim is based (now, within 2 years of the crime).
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A BILL FOR
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SB0031 |
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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 | 5 |
| 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 | 8 |
| compensation
under this Act if:
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| (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
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| 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.
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| (b) For all crimes of violence, except those listed in | 23 |
| subsection (b-1) of this Section, the appropriate law |
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SB0031 |
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LRB095 04779 AJO 24838 b |
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| enforcement officials were notified within
72 hours of the | 2 |
| perpetration of the crime allegedly causing the death or
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| injury to the victim or, in the event such notification was | 4 |
| made more
than 72 hours after the perpetration of the | 5 |
| crime, the applicant
establishes that such notice was | 6 |
| timely under the circumstances.
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| (b-1) For victims of offenses defined in Sections | 8 |
| 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal | 9 |
| Code of 1961, the appropriate law enforcement officials | 10 |
| were notified within 7 days of the perpetration of the | 11 |
| crime allegedly causing death or injury to the victim or, | 12 |
| in the event that the notification was made more than 7 | 13 |
| days after the perpetration of the crime, the applicant | 14 |
| establishes that the notice was timely under the | 15 |
| circumstances.
(b-2) If the applicant has obtained an order | 16 |
| of protection or a civil no contact order or has presented | 17 |
| himself or herself to a hospital for sexual assault | 18 |
| evidence collection and medical care, such action shall | 19 |
| constitute appropriate notification under this subsection | 20 |
| (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 | 23 |
| assailant. (c-1) If the applicant has obtained an order of | 24 |
| protection or a civil no contact order or has presented | 25 |
| himself or herself to a hospital for sexual assault | 26 |
| evidence collection and medical care, such action shall |
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SB0031 |
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LRB095 04779 AJO 24838 b |
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| constitute cooperation under this subsection (c) of this | 2 |
| Section .
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| (d) The applicant is not the offender or an accomplice | 4 |
| of the offender
and the award would not unjustly benefit | 5 |
| the offender or his accomplice.
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| (e) The injury to or death of the victim was not | 7 |
| substantially attributable
to his own wrongful act and was | 8 |
| 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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