Illinois General Assembly - Full Text of SB3713
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Full Text of SB3713  103rd General Assembly

SB3713sam001 103RD GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 3/18/2024

 

 


 

 


 
10300SB3713sam001LRB103 37601 JRC 70961 a

1
AMENDMENT TO SENATE BILL 3713

2    AMENDMENT NO. ______. Amend Senate Bill 3713 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-905 as follows:
 
6    (705 ILCS 405/5-905)
7    Sec. 5-905. Law enforcement records.
8    (1) Law Enforcement Records. Inspection and copying of law
9enforcement records maintained by law enforcement agencies
10that relate to a minor who has been investigated, arrested, or
11taken into custody before the minor's 18th birthday shall be
12restricted to the following and when necessary for the
13discharge of their official duties:
14        (a) A judge of the circuit court and members of the
15    staff of the court designated by the judge;
16        (b) Law enforcement officers, probation officers or

 

 

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1    prosecutors or their staff, or, when necessary for the
2    discharge of its official duties in connection with a
3    particular investigation of the conduct of a law
4    enforcement officer, an independent agency or its staff
5    created by ordinance and charged by a unit of local
6    government with the duty of investigating the conduct of
7    law enforcement officers;
8        (c) The minor, the minor's parents or legal guardian
9    and their attorneys, but only when the juvenile has been
10    charged with an offense;
11        (d) Adult and Juvenile Prisoner Review Boards;
12        (e) Authorized military personnel;
13        (f) Persons engaged in bona fide research, with the
14    permission of the judge of juvenile court and the chief
15    executive of the agency that prepared the particular
16    recording: provided that publication of such research
17    results in no disclosure of a minor's identity and
18    protects the confidentiality of the record;
19        (g) Individuals responsible for supervising or
20    providing temporary or permanent care and custody of
21    minors pursuant to orders of the juvenile court or
22    directives from officials of the Department of Children
23    and Family Services or the Department of Human Services
24    who certify in writing that the information will not be
25    disclosed to any other party except as provided under law
26    or order of court;

 

 

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1        (h) The appropriate school official only if the agency
2    or officer believes that there is an imminent threat of
3    physical harm to students, school personnel, or others who
4    are present in the school or on school grounds.
5             (A) Inspection and copying shall be limited to
6        law enforcement records transmitted to the appropriate
7        school official or officials whom the school has
8        determined to have a legitimate educational or safety
9        interest by a local law enforcement agency under a
10        reciprocal reporting system established and maintained
11        between the school district and the local law
12        enforcement agency under Section 10-20.14 of the
13        School Code concerning a minor enrolled in a school
14        within the school district who has been arrested or
15        taken into custody for any of the following offenses:
16                (i) any violation of Article 24 of the
17            Criminal Code of 1961 or the Criminal Code of
18            2012;
19                (ii) a violation of the Illinois Controlled
20            Substances Act;
21                (iii) a violation of the Cannabis Control Act;
22                (iv) a forcible felony as defined in Section
23            2-8 of the Criminal Code of 1961 or the Criminal
24            Code of 2012;
25                (v) a violation of the Methamphetamine Control
26            and Community Protection Act;

 

 

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1                (vi) a violation of Section 1-2 of the
2            Harassing and Obscene Communications Act;
3                (vii) a violation of the Hazing Act; or
4                (viii) a violation of Section 12-1, 12-2,
5            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
6            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
7            Criminal Code of 1961 or the Criminal Code of
8            2012.
9            The information derived from the law enforcement
10        records shall be kept separate from and shall not
11        become a part of the official school record of that
12        child and shall not be a public record. The
13        information shall be used solely by the appropriate
14        school official or officials whom the school has
15        determined to have a legitimate educational or safety
16        interest to aid in the proper rehabilitation of the
17        child and to protect the safety of students and
18        employees in the school. If the designated law
19        enforcement and school officials deem it to be in the
20        best interest of the minor, the student may be
21        referred to in-school or community based social
22        services if those services are available.
23        "Rehabilitation services" may include interventions by
24        school support personnel, evaluation for eligibility
25        for special education, referrals to community-based
26        agencies such as youth services, behavioral healthcare

 

 

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1        service providers, drug and alcohol prevention or
2        treatment programs, and other interventions as deemed
3        appropriate for the student.
4            (B) Any information provided to appropriate school
5        officials whom the school has determined to have a
6        legitimate educational or safety interest by local law
7        enforcement officials about a minor who is the subject
8        of a current police investigation that is directly
9        related to school safety shall consist of oral
10        information only, and not written law enforcement
11        records, and shall be used solely by the appropriate
12        school official or officials to protect the safety of
13        students and employees in the school and aid in the
14        proper rehabilitation of the child. The information
15        derived orally from the local law enforcement
16        officials shall be kept separate from and shall not
17        become a part of the official school record of the
18        child and shall not be a public record. This
19        limitation on the use of information about a minor who
20        is the subject of a current police investigation shall
21        in no way limit the use of this information by
22        prosecutors in pursuing criminal charges arising out
23        of the information disclosed during a police
24        investigation of the minor. For purposes of this
25        paragraph, "investigation" means an official
26        systematic inquiry by a law enforcement agency into

 

 

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1        actual or suspected criminal activity;
2        (i) The president of a park district. Inspection and
3    copying shall be limited to law enforcement records
4    transmitted to the president of the park district by the
5    Illinois State Police under Section 8-23 of the Park
6    District Code or Section 16a-5 of the Chicago Park
7    District Act concerning a person who is seeking employment
8    with that park district and who has been adjudicated a
9    juvenile delinquent for any of the offenses listed in
10    subsection (c) of Section 8-23 of the Park District Code
11    or subsection (c) of Section 16a-5 of the Chicago Park
12    District Act.
13    (2) Information identifying victims and alleged victims of
14sex offenses, shall not be disclosed or open to public
15inspection under any circumstances. Nothing in this Section
16shall prohibit the victim or alleged victim of any sex offense
17from voluntarily disclosing this identity.
18    (2.5) If the minor is a victim of aggravated battery,
19battery, attempted first degree murder, or other non-sexual
20violent offense, the identity of the victim may be disclosed
21to appropriate school officials, for the purpose of preventing
22foreseeable future violence involving minors, by a local law
23enforcement agency pursuant to an agreement established
24between the school district and a local law enforcement agency
25subject to the approval by the presiding judge of the juvenile
26court.

 

 

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1    (3) Relevant information, reports and records shall be
2made available to the Department of Juvenile Justice when a
3juvenile offender has been placed in the custody of the
4Department of Juvenile Justice.
5    (4) Nothing in this Section shall prohibit the inspection
6or disclosure to victims and witnesses of photographs
7contained in the records of law enforcement agencies when the
8inspection or disclosure is conducted in the presence of a law
9enforcement officer for purposes of identification or
10apprehension of any person in the course of any criminal
11investigation or prosecution.
12    (5) The records of law enforcement officers, or of an
13independent agency created by ordinance and charged by a unit
14of local government with the duty of investigating the conduct
15of law enforcement officers, concerning all minors under 18
16years of age must be maintained separate from the records of
17adults and may not be open to public inspection or their
18contents disclosed to the public except by order of the court
19or when the institution of criminal proceedings has been
20permitted under Section 5-130 or 5-805 or required under
21Section 5-130 or 5-805 or such a person has been convicted of a
22crime and is the subject of pre-sentence investigation or when
23provided by law.
24    (6) Except as otherwise provided in this subsection (6),
25law enforcement officers, and personnel of an independent
26agency created by ordinance and charged by a unit of local

 

 

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1government with the duty of investigating the conduct of law
2enforcement officers, may not disclose the identity of any
3minor in releasing information to the general public as to the
4arrest, investigation or disposition of any case involving a
5minor. Any victim or parent or legal guardian of a victim may
6petition the court to disclose the name and address of the
7minor and the minor's parents or legal guardian, or both. Upon
8a finding by clear and convincing evidence that the disclosure
9is either necessary for the victim to pursue a civil remedy
10against the minor or the minor's parents or legal guardian, or
11both, or to protect the victim's person or property from the
12minor, then the court may order the disclosure of the
13information to the victim or to the parent or legal guardian of
14the victim only for the purpose of the victim pursuing a civil
15remedy against the minor or the minor's parents or legal
16guardian, or both, or to protect the victim's person or
17property from the minor.
18    (7) Nothing contained in this Section shall prohibit law
19enforcement agencies when acting in their official capacity
20from communicating with each other by letter, memorandum,
21teletype or intelligence alert bulletin or other means the
22identity or other relevant information pertaining to a person
23under 18 years of age. The information provided under this
24subsection (7) shall remain confidential and shall not be
25publicly disclosed, except as otherwise allowed by law.
26    (8) No person shall disclose information under this

 

 

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1Section except when acting in the person's official capacity
2and as provided by law or order of court.
3    (9) The changes made to this Section by Public Act 98-61
4apply to law enforcement records of a minor who has been
5arrested or taken into custody on or after January 1, 2014 (the
6effective date of Public Act 98-61).
7    (10) Nothing contained in this Section shall prohibit law
8enforcement agencies from disclosing law enforcement reports
9and records to the Attorney General for the purposes of
10complying with the Crime Victims Compensation Act.
11(Source: P.A. 103-22, eff. 8-8-23.)
 
12    Section 10. The Crime Victims Compensation Act is amended
13by changing Sections 2, 2.5, 4.1, 4.2, 5.1, 6.1, 7.1, 8.1,
1410.1, and 18.5 as follows:
 
15    (740 ILCS 45/2)
16    Sec. 2. Definitions. As used in this Act, unless the
17context otherwise requires:
18    (a) "Applicant" means any of the following claiming
19compensation under this Act: a victim, a person who was a
20dependent of a deceased victim of a crime of violence for the
21person's support at the time of the death of that victim, a
22person who legally assumes the obligation or who voluntarily
23pays the medical or the funeral or burial expenses incurred as
24a direct result of the crime, and any other person the Court of

 

 

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1Claims or the Attorney General finds is entitled to
2compensation, including the guardian of a minor or of a person
3under legal disability.
4        (1) A victim.
5        (2) If the victim was a guardian or primary caregiver
6    to an adult who is physically or mentally incapacitated,
7    that adult who is physically or mentally incapacitated.
8        (3) A guardian of a minor or of a person under legal
9    disability.
10        (4) A person who, at the time the crime occurred,
11    resided in the same dwelling as the victim, solely for the
12    purpose of compensating for any of the following:
13            (A) Pecuniary loss incurred for psychological
14        treatment of a mental or emotional condition caused or
15        aggravated by the crime.
16            (B) Loss of earnings under paragraph (14.5) of
17        subsection (h) for time off from work necessary to
18        provide full time care for the injured victim.
19            (C) Relocation expenses.
20        (5) A person who assumes a legal obligation or
21    voluntarily pays for a victim's medical or funeral or
22    burial expenses.
23        (6) Any other person the Court of Claims or the
24    Attorney General finds is entitled to compensation.
25    The changes made to this subsection by Public Act 101-652
26apply to actions commenced or pending on or after January 1,

 

 

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12022.
2    (b) "Court of Claims" means the Court of Claims created by
3the Court of Claims Act.
4    (c) "Crime of violence" means and includes any offense
5defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
610-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
711-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
812-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-3.4,
912-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4,
1012-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or
1120-1.1, or Section 12-3.05 except for subdivision (a)(4) or
12(g)(1), or subdivision (a)(4) of Section 11-14.4, of the
13Criminal Code of 1961 or the Criminal Code of 2012, Sections
141(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of
15the Stalking No Contact Order Act, Section 219 of the Civil No
16Contact Order Act, driving under the influence as defined in
17Section 11-501 of the Illinois Vehicle Code, a violation of
18Section 11-401 of the Illinois Vehicle Code, provided the
19victim was a pedestrian or was operating a vehicle moved
20solely by human power or a mobility device at the time of
21contact, and a violation of Section 11-204.1 of the Illinois
22Vehicle Code; so long as the offense did not occur during a
23civil riot, insurrection or rebellion. "Crime of violence"
24does not include any other offense or crash involving a motor
25vehicle except those vehicle offenses specifically provided
26for in this paragraph. "Crime of violence" does include all of

 

 

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1the offenses specifically provided for in this paragraph that
2occur within this State but are subject to federal
3jurisdiction and crimes involving terrorism as defined in 18
4U.S.C. 2331.
5    (d) "Victim" means (1) a person killed or injured in this
6State as a result of a crime of violence perpetrated or
7attempted against him or her, (2) the spouse, parent, or child
8of a person killed or injured in this State as a result of a
9crime of violence perpetrated or attempted against the person,
10or anyone living in the dwelling household of a person killed
11or injured in a relationship that is substantially similar to
12that of a parent, spouse, or child, (3) a person killed or
13injured in this State while attempting to assist a person
14against whom a crime of violence is being perpetrated or
15attempted, if that attempt of assistance would be expected of
16a reasonable person under the circumstances, (4) a person
17killed or injured in this State while assisting a law
18enforcement official apprehend a person who has perpetrated a
19crime of violence or prevent the perpetration of any such
20crime if that assistance was in response to the express
21request of the law enforcement official, (5) a person who
22personally witnessed a violent crime, (5.05) a person who will
23be called as a witness by the prosecution to establish a
24necessary nexus between the offender and the violent crime,
25(5.1) solely for the purpose of compensating for pecuniary
26loss incurred for psychological treatment of a mental or

 

 

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1emotional condition caused or aggravated by the crime, any
2other person under the age of 18 who is the grandparent,
3grandchild, brother, sister, half brother, or half sister of a
4person killed or injured in this State as a result of a crime
5of violence, applying solely for the purpose of compensating
6for pecuniary loss incurred for psychological treatment of a
7mental or emotional condition caused or aggravated by the
8crime, loss of earnings under paragraph (14.5) of subsection
9(h) for time off from work necessary to provide full time care
10for the injured victim, or relocation if the crime occurred
11within the dwelling of the applicant, (5.2) any person who was
12in a dating relationship with a person killed in this State as
13a result of a crime of violence, solely for the purpose of
14compensating for pecuniary loss incurred for psychological
15treatment of a mental or emotional condition caused or
16aggravated by the crime, (6) an Illinois resident who is a
17victim of a "crime of violence" as defined in this Act except,
18if the crime occurred outside this State, the resident has the
19same rights under this Act as if the crime had occurred in this
20State upon a showing that the state, territory, country, or
21political subdivision of a country in which the crime occurred
22does not have a compensation of victims of crimes law for which
23that Illinois resident is eligible, (7) the parent, spouse, or
24child of a deceased person whose body is dismembered or whose
25remains are desecrated as the result of a crime of violence, or
26(8) (blank), or (9) an individual who is injured or killed in

 

 

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1an incident in which a law enforcement officer's use of force
2caused bodily harm or death to that individual.
3    (e) "Dependent" means a relative of a deceased victim who
4was wholly or partially dependent upon the victim's income at
5the time of his or her death and shall include the child of a
6victim born after his or her death.
7    (f) "Relative" means a spouse, parent, grandparent,
8stepfather, stepmother, child, grandchild, brother,
9brother-in-law, sister, sister-in-law, half brother, half
10sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
11living in the dwelling household of a person killed or injured
12in a relationship that is substantially similar to that of a
13parent, spouse, or child.
14    (g) "Child" means a son or daughter and includes a
15stepchild, an adopted child or a child born out of wedlock.
16    (h) "Pecuniary loss" means:
17        (1) in the case of injury, appropriate medical
18    expenses and hospital expenses including expenses of
19    medical examinations, rehabilitation, medically required
20    nursing care expenses, appropriate psychiatric care or
21    psychiatric counseling expenses, appropriate expenses for
22    care or counseling by a licensed clinical psychologist,
23    licensed clinical social worker, licensed professional
24    counselor, or licensed clinical professional counselor and
25    expenses for treatment by Christian Science practitioners
26    and nursing care appropriate thereto;

 

 

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1        (2) transportation expenses to and from medical and
2    counseling treatment facilities;
3        (3) prosthetic appliances, eyeglasses, and hearing
4    aids necessary or damaged as a result of the crime;
5        (4) expenses incurred for the towing and storage of a
6    victim's vehicle in connection with a crime of violence,
7    to a maximum of $1,000;
8        (5) costs associated with trafficking tattoo removal
9    by a person authorized or licensed to perform the specific
10    removal procedure; for victims of offenses defined in
11    Section 10-9 of the Criminal Code of 2012, the victim
12    shall submit a statement under oath on a form prescribed
13    by the Attorney General attesting that the removed tattoo
14    was applied in connection with the commission of the
15    offense;
16        (6) replacement costs for clothing and bedding used as
17    evidence;
18        (7) costs associated with temporary lodging or
19    relocation necessary as a result of the crime, including,
20    but not limited to, the first 2 months' rent and security
21    deposit of the dwelling that the claimant relocated to and
22    other reasonable relocation expenses incurred as a result
23    of the violent crime;
24        (8) locks, doors, or windows necessary or damaged as a
25    result of the crime;
26        (9) the purchase, lease, or rental of equipment

 

 

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1    necessary to create usability of and accessibility to the
2    victim's real and personal property, or the real and
3    personal property which is used by the victim, necessary
4    as a result of the crime; "real and personal property"
5    includes, but is not limited to, vehicles, houses,
6    apartments, townhouses, or condominiums;
7        (10) the costs of appropriate crime scene clean-up;
8        (11) replacement services loss, to a maximum of $1,250
9    per month, with this amount to be divided in proportion to
10    the amount of the actual loss among those entitled to
11    compensation;
12        (12) dependents replacement services loss, to a
13    maximum of $1,250 per month, with this amount to be
14    divided in proportion to the amount of the actual loss
15    among those entitled to compensation;
16        (13) loss of tuition paid to attend grammar school or
17    high school when the victim had been enrolled as a student
18    prior to the injury, or college or graduate school when
19    the victim had been enrolled as a day or night student
20    prior to the injury when the victim becomes unable to
21    continue attendance at school as a result of the crime of
22    violence perpetrated against him or her;
23        (14) loss of earnings, loss of future earnings because
24    of disability resulting from the injury. Loss of future
25    earnings shall be reduced by any income from substitute
26    work actually performed by the victim or by income the

 

 

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1    victim would have earned in available appropriate
2    substitute work the victim was capable of performing but
3    unreasonably failed to undertake; loss of earnings and
4    loss of future earnings shall be determined on the basis
5    of the victim's average net monthly earnings for the 6
6    months immediately preceding the date of the injury or on
7    $2,400 per month, whichever is less, or, in cases where
8    the absences commenced more than 3 years from the date of
9    the crime, on the basis of the net monthly earnings for the
10    6 months immediately preceding the date of the first
11    absence, not to exceed $2,400 per month;
12        (14.5) loss of earnings for applicants or loss of
13    future earnings for applicants. The applicant must
14    demonstrate that the loss of earnings is a direct result
15    of circumstances attributed to the crime including, but
16    not limited to, court appearances, funeral preparation and
17    bereavement, receipt of medical or psychological care;
18    loss of earnings and loss of future earnings shall be
19    determined on the basis of the applicant's average net
20    monthly earnings for the 6 months immediately preceding
21    the date of the injury or on $2,400 per month, whichever is
22    less, or, in cases where the absences commenced more than
23    3 years from the date of the crime, on the basis of the net
24    monthly earnings for the 6 months immediately preceding
25    the date of the first absence, not to exceed $2,400 per
26    month;

 

 

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1        (15) loss of support of the dependents of the victim.
2    Loss of support shall be determined on the basis of the
3    victim's average net monthly earnings for the 6 months
4    immediately preceding the date of the injury or on $2,400
5    per month, whichever is less, or, in cases where the
6    absences commenced more than 3 years from the date of the
7    crime, on the basis of the net monthly earnings for the 6
8    months immediately preceding the date of the first
9    absence, not to exceed $2,400 per month. If a divorced or
10    legally separated applicant is claiming loss of support
11    for a minor child of the deceased, the amount of support
12    for each child shall be based either on the amount of
13    support pursuant to the judgment prior to the date of the
14    deceased victim's injury or death, or, if the subject of
15    pending litigation filed by or on behalf of the divorced
16    or legally separated applicant prior to the injury or
17    death, on the result of that litigation. Loss of support
18    for minors shall be divided in proportion to the amount of
19    the actual loss among those entitled to such compensation;
20        (16) in the case of death, expenses for reasonable
21    funeral, burial, headstone, cremation, and travel and
22    transport for survivors of homicide victims to secure
23    bodies of deceased victims and to transport bodies for
24    burial all of which may be awarded up to a maximum of
25    $10,000 for each victim. Other individuals that have paid
26    or become obligated to pay funeral, cremation, or burial

 

 

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1    expenses, including a headstone, for the deceased shall
2    share a maximum award of $10,000, with the award divided
3    in proportion to the amount of the actual loss among those
4    entitled to compensation; and
5        (17) in the case of dismemberment or desecration of a
6    body, expenses for reasonable funeral, and burial,
7    headstone, and cremation, all of which may be awarded up
8    to a maximum of $10,000 for each victim. Other individuals
9    that have paid or become obligated to pay funeral,
10    cremation, or burial expenses, including a headstone, for
11    the deceased shall share a maximum award of $10,000, with
12    the award divided in proportion to the amount of the
13    actual loss among those entitled to compensation; and .
14        (19) legal fees resulting from proceedings that became
15    necessary solely because of the crime, including, but not
16    limited to, establishing a legal guardian for the minor
17    victim or the minor child of a victim, or obtaining a
18    restraining order, no contact order, or order of
19    protection, awarded up to a maximum of $3,500.
20    "Pecuniary loss" does not include pain and suffering or
21property loss or damage.
22    The changes made to this subsection by Public Act 101-652
23apply to actions commenced or pending on or after January 1,
242022.
25    (i) "Replacement services loss" means expenses reasonably
26incurred in obtaining ordinary and necessary services in lieu

 

 

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1of those the injured person would have performed, not for
2income, but for the benefit of himself or herself or his or her
3family, if he or she had not been injured.
4    (j) "Dependents replacement services loss" means loss
5reasonably incurred by dependents or private legal guardians
6of minor dependents after a victim's death in obtaining
7ordinary and necessary services in lieu of those the victim
8would have performed, not for income, but for their benefit,
9if he or she had not been fatally injured.
10    (k) "Survivor" means immediate family including a parent,
11stepfather, stepmother, child, brother, sister, or spouse.
12    (l) "Parent" means a natural parent, adopted parent,
13stepparent, or permanent legal guardian of another person.
14    (m) "Trafficking tattoo" is a tattoo which is applied to a
15victim in connection with the commission of a violation of
16Section 10-9 of the Criminal Code of 2012.
17    (n) "Dwelling" means a person's primary home. A person may
18be required to provide verification or proof of residence
19including, but not limited to, a lease agreement, utility
20bill, license registration, document showing the mailing
21address, pay stub, tax form, or notarized statement.
22    (o) "Dating relationship" means a current, continuous,
23romantic, courtship, or engagement relationship, often
24characterized by actions of an intimate or sexual nature or an
25expectation of affection. "Dating relationship" does not
26include a casual acquaintanceship or ordinary fraternization

 

 

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1between persons in a business or social context.
2    (p) "Medical facility" means a facility for the delivery
3of health services. "Medical facility" includes, but is not
4limited to, a hospital, public health center, outpatient
5medical facility, federally qualified health center, migrant
6health center, community health center, or State correctional
7institution.
8    (q) "Mental health provider" means a licensed clinical
9psychologist, a licensed clinical social worker, a licensed
10professional counselor, or a licensed clinical professional
11counselor as defined in the Mental Health and Developmental
12Disabilities Code.
13    (r) "Independent medical evaluation" means an assessment
14by a mental health provider who is not currently providing
15treatment to the applicant and will not seek reimbursement
16from the program for continuing treatment after the
17assessment. A provider may seek reimbursement for the
18assessment.
19(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
20102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff.
2111-17-23.)
 
22    (740 ILCS 45/2.5)
23    Sec. 2.5. Felony status Felon as victim. A victim's
24criminal history or felony status shall not automatically
25prevent compensation to that victim or the victim's family. No

 

 

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1compensation may be granted to an applicant under this Act
2while the applicant is held in a correctional institution. An
3applicant who is held in a correctional institution may apply
4for assistance under this Act at any time, but no award of
5compensation may be considered until the applicant meets the
6requirements of this Section. However, no compensation may be
7granted to a victim or applicant under this Act while the
8applicant or victim is held in a correctional institution. For
9purposes of this Section, the death of a felon who is serving a
10term of parole, probation, or mandatory supervised release
11shall be considered a discharge from that sentence.
12    A victim who has been convicted of a felony may apply for
13assistance under this Act at any time but no award of
14compensation may be considered until the applicant meets the
15requirements of this Section.
16    The changes made to this Section by this amendatory Act of
17the 96th General Assembly apply to actions commenced or
18pending on or after the effective date of this amendatory Act
19of the 96th General Assembly.
20(Source: P.A. 101-652, eff. 7-1-21.)
 
21    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)
22    Sec. 4.1. In addition to other powers and duties set forth
23in this Act and other powers exercised by the Attorney
24General, the Attorney General shall:
25        (1) investigate all claims and prepare and present an

 

 

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1    investigatory report and a draft award determination to
2    the Court of Claims for a review period of 28 business
3    days;
4        (2) upon conclusion of the review by the Court of
5    Claims, provide the applicant with a compensation
6    determination letter;
7        (3) prescribe and furnish all applications and other
8    forms required to be filed in the office of the Attorney
9    General by the terms of this Act; and
10        (4) represent the interests of the State of Illinois
11    in any hearing before the Court of Claims; and .
12        (5) upon failure to comply with Section 4.2, the
13    Attorney General's office shall have the power to issue
14    subpoenas to compel the production of law enforcement
15    reports maintained by law enforcement agencies.
16    The changes made to this Section by this amendatory Act of
17the 101st General Assembly apply to actions commenced or
18pending on or after January 1, 2022.
19(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
20    (740 ILCS 45/4.2)
21    Sec. 4.2. Cooperation in review of crime victims
22compensation applications. A law enforcement agency in this
23State shall, within 15 days of receipt of a written request for
24a police report made to verify that the requirements of a crime
25victims compensation application under Section 6.1 of this Act

 

 

10300SB3713sam001- 24 -LRB103 37601 JRC 70961 a

1have been met, provide the Attorney General's office with the
2law enforcement agency's full written report of the
3investigation of the crime for which an application for
4compensation has been filed. The law enforcement agency may
5redact the following from the report: names of confidential
6sources and informants; locations from which law enforcement
7conduct surveillance; and information related to issues of
8national security the law enforcement agency provided to or
9received from the United States Department of Homeland
10Security or another federal law enforcement agency. The
11Attorney General's office and a law enforcement agency may
12agree to the redaction of other information in the report or to
13the provision of necessary information in another format.
14Within 15 days of receipt of the request, a law enforcement
15agency shall respond to a written request from the Attorney
16General's office for additional information necessary to
17assist the Attorney General's office in making a
18recommendation for compensation.
19    An applicant may obtain and provide a law enforcement
20report to the Attorney General and the Attorney General may
21proceed with the review of the application. If the copy of the
22law enforcement report provided by the applicant does not
23contain all the information the Attorney General needs to move
24forward with the review of the application, the Attorney
25General may proceed with requesting from the law enforcement
26agency the full written report of the investigation.

 

 

10300SB3713sam001- 25 -LRB103 37601 JRC 70961 a

1    Records that are obtained by the Attorney General's office
2from a law enforcement agency under this Section for purposes
3of investigating an application for crime victim compensation
4shall not be disclosed to the public, including the applicant,
5by the Attorney General's office. Law enforcement reports or
6other documentation obtained by the Attorney General's office
7from an applicant, victim, or third party under this Act for
8the purposes of investigating an application for crime victim
9compensation shall not be disclosed to the public or any
10individual or entity, not including the individual who
11supplied the report or documentation, by the Attorney
12General's office. Any The records obtained by the Attorney
13General's office to process the application, including but not
14limited to applications, documents, and photographs, while in
15the possession of the Attorney General's office, shall be
16exempt from disclosure by the Attorney General's office under
17the Freedom of Information Act.
18(Source: P.A. 100-690, eff. 1-1-19.)
 
19    (740 ILCS 45/5.1)  (from Ch. 70, par. 75.1)
20    Sec. 5.1. (a) Every hospital licensed under the laws of
21this State shall display prominently in its emergency room
22posters giving notification of the existence and general
23provisions of this Act. The posters may be displayed by
24physical or electronic means. Such posters shall be provided
25by the Attorney General.

 

 

10300SB3713sam001- 26 -LRB103 37601 JRC 70961 a

1    (b) Any law enforcement agency that investigates an
2offense committed in this State shall inform the victim or any
3potential applicant contacted during the course of an
4investigation or arrest regarding of the offense or his
5dependents concerning the Crime Victims Compensation Program,
6availability of an award of compensation and advise such
7persons that any information concerning this Act and the
8filing of a claim may be obtained from the office of the
9Attorney General.
10    (c) The Office of the Attorney General shall make
11available on its website applications, forms, posters, and
12general information that law enforcement agencies and
13hospitals may use to comply with this Section.
14(Source: P.A. 102-4, eff. 4-27-21.)
 
15    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
16    Sec. 6.1. Right to compensation. A person is entitled to
17compensation under this Act if:
18        (a) Timing. Within 5 years of the occurrence of the
19    crime, or within one year after a criminal charge of a
20    person for an offense, upon which the claim is based, the
21    applicant presents an application, under oath, to the
22    Attorney General that is filed with the Court of Claims
23    and on a form prescribed in accordance with Section 7.1
24    furnished by the Attorney General. If the person entitled
25    to compensation is under 18 years of age or under other

 

 

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1    legal disability at the time of the occurrence or is
2    determined by a court to be under a legal disability as a
3    result of the occurrence, he or she may present the
4    application required by this subsection within 3 years
5    after he or she attains the age of 18 years or the
6    disability is removed, as the case may be. Legal
7    disability includes a diagnosis of posttraumatic stress
8    disorder.
9        (a-1) The Attorney General and the Court of Claims may
10    accept an application presented after the period provided
11    in subsection (a) if the Attorney General determines that
12    the applicant had good cause for a delay.
13        (b) Notification. The For all crimes of violence,
14    except those listed in subsection (b-1) of this Section,
15    the appropriate law enforcement officials were notified
16    within 72 hours of the perpetration of the crime allegedly
17    causing the death or injury to the victim or, in the event
18    such notification was made more than 72 hours after the
19    perpetration of the crime, the applicant establishes that
20    such notice was timely under the circumstances. If the
21    notification was made more than 72 hours after the
22    perpetration of the crime and the applicant establishes
23    that the notice was timely under the circumstances, the
24    Attorney General and the Court of Claims may extend the
25    time for reporting to law enforcement.
26        For victims of offenses defined in Sections 10-9,

 

 

10300SB3713sam001- 28 -LRB103 37601 JRC 70961 a

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

 

 

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1    trafficking or law enforcement use of force, such action
2    shall constitute appropriate notification under this
3    subsection (b-1) or subsection (b) of this Section.
4        (b-2) For purposes of notification under this Act, a
5    victim who presents to a medical facility shall provide
6    information sufficient to fulfill the requirements of this
7    Section, except that the victim shall not be required to
8    identify the offender to the medical provider.
9        (b-3) An applicant who is filing a claim that a law
10    enforcement officer's use of force caused injury or death,
11    may fulfill the notification requirement by complying with
12    subsection (b), filing a complaint with the Illinois Law
13    Enforcement Training Standards Board, filing a lawsuit
14    against a law enforcement officer or department, or
15    presenting evidence that the victim has obtained a
16    settlement or a verdict in a civil suit. An application
17    filed by an individual presenting evidence of a verdict in
18    a civil suit must be filed within one year after the
19    resolution of the civil suit.
20        (b-4) An applicant may provide notification to a
21    mental health provider regarding physical injuries of the
22    victim or for victims of offenses defined in Sections
23    10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
24    11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the
25    Criminal Code of 2012, psychological injuries resulting
26    from the commission of the crime for which the applicant

 

 

10300SB3713sam001- 30 -LRB103 37601 JRC 70961 a

1    is filing an application. The provider shall perform an
2    independent medical evaluation and provide the provider's
3    professional opinion as to whether the injuries claimed
4    are consistent with having resulted from the commission of
5    the crime for which the applicant is filing an
6    application.
7        Upon completion of the independent medical evaluation,
8    the mental health provider shall complete a certification
9    form, signed under oath. The form shall be provided by the
10    Office of the Attorney General and contain the following:
11            (1) The provider's name, title, license number and
12        place of employment.
13            (2) Contact information for the provider.
14            (3) The provider's relationship with the
15        applicant.
16            (4) The date the crime was reported to the
17        provider.
18            (5) The reported crime.
19            (6) The date and location of the crime.
20            (7) If there are physical injuries, what injuries
21        that the mental health provider can attest to being
22        present on the day of the reporting if they are
23        consistent with the crime reported to the provider.
24            (8) If there are psychological injuries, whether
25        the provider in his or her professional opinion
26        believes that the injuries presented on the day of the

 

 

10300SB3713sam001- 31 -LRB103 37601 JRC 70961 a

1        reporting are consistent with the crime reported to
2        the provider.
3            (9) A detailed summary of the incident, as
4        reported.
5            (10) Any documentation or photos that relate to
6        the crime of violence for which the applicant is
7        seeking reimbursement.
8        (c) Cooperation. The applicant has cooperated with law
9    enforcement officials in the apprehension and prosecution
10    of the assailant. If the applicant or victim has obtained
11    an order of protection, a civil no contact order, or a
12    stalking no contact order, has presented himself or
13    herself to a medical facility hospital for medical care or
14    sexual assault evidence collection, obtained an
15    independent medical examination from a mental health
16    provider as described in subsection (b-4), has taken any
17    of the actions described in subsection (b-3), or is
18    engaged in a legal proceeding involving a claim that the
19    applicant or victim is a victim of human trafficking, such
20    action shall constitute cooperation under this subsection
21    (c). If the victim is under 18 years of age at the time of
22    the commission of the offense, the following shall
23    constitute cooperation under this subsection (c):
24            (1) the applicant or the victim files a police
25        report with a law enforcement agency;
26            (2) a mandated reporter reports the crime to law

 

 

10300SB3713sam001- 32 -LRB103 37601 JRC 70961 a

1        enforcement; or
2            (3) a person with firsthand knowledge of the crime
3        reports the crime to law enforcement.
4        In evaluating cooperation, the Attorney General and
5    Court of Claims may consider the victim's age, physical
6    condition, psychological state, cultural or linguistic
7    barriers, and compelling health and safety concerns,
8    including, but not limited to, a reasonable fear of
9    retaliation or harm that would jeopardize the well-being
10    of the victim or the victim's family, and giving due
11    consideration to the degree of cooperation that the victim
12    or derivative victim is capable of in light of the
13    presence of any of these factors, or any other factor the
14    Attorney General considers relevant.
15        (d) If the The applicant is not barred from receiving
16    compensation under Section 10.1 the offender or an
17    accomplice of the offender and the award would not
18    unjustly benefit the offender or his accomplice.
19        (e) (Blank).
20        (f) (Blank). For victims of offenses defined in
21    Section 10-9 of the Criminal Code of 2012, the victim
22    submits a statement under oath on a form prescribed by the
23    Attorney General attesting that the removed tattoo was
24    applied in connection with the commission of the offense.
25        (g) (Blank). In determining whether cooperation has
26    been reasonable, the Attorney General and Court of Claims

 

 

10300SB3713sam001- 33 -LRB103 37601 JRC 70961 a

1    may consider the victim's age, physical condition,
2    psychological state, cultural or linguistic barriers, and
3    compelling health and safety concerns, including, but not
4    limited to, a reasonable fear of retaliation or harm that
5    would jeopardize the well-being of the victim or the
6    victim's family, and giving due consideration to the
7    degree of cooperation that the victim or derivative victim
8    is capable of in light of the presence of any of these
9    factors, or any other factor the Attorney General
10    considers relevant.
11    The changes made to this Section by this amendatory Act of
12the 101st General Assembly apply to actions commenced or
13pending on or after January 1, 2022.
14(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
15    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
16    Sec. 7.1. (a) The application shall set out:
17        (1) the name and address of the victim;
18        (2) if the victim is deceased, the name and address of
19    the applicant and his or her relationship to the victim,
20    the names and addresses of other persons dependent on the
21    victim for their support and the extent to which each is so
22    dependent, and other persons who may be entitled to
23    compensation for a pecuniary loss;
24        (3) the date and nature of the crime on which the
25    application for compensation is based;

 

 

10300SB3713sam001- 34 -LRB103 37601 JRC 70961 a

1        (4) the date and place where notification under
2    Section 6.1 was given and to whom, or the date and place of
3    issuance of an order of protection, no contact order,
4    evidence of a legal proceeding involving human
5    trafficking, or in cases of a law enforcement officer's
6    use of force, another form of documentation allowable
7    under Section 6.1 and the law enforcement officials to
8    whom notification of the crime was given;
9        (4.5) if the victim is providing supplemental forms of
10    documentation, that documentation, the date the victim
11    obtained that other form of documentation and the type of
12    documentation;
13        (5) the nature and extent of the injuries sustained by
14    the victim, and the names and addresses of those giving
15    medical and hospitalization treatment to the victim;
16        (6) the pecuniary loss to the applicant and to such
17    other persons as are specified under item (2) resulting
18    from the injury or death;
19        (7) the amount of benefits, payments, or awards, if
20    any, payable under:
21            (a) the Workers' Compensation Act,
22            (b) the Dram Shop Act,
23            (c) any claim, demand, or cause of action based
24        upon the crime-related injury or death,
25            (d) the Federal Medicare program,
26            (e) the State Public Aid program,

 

 

10300SB3713sam001- 35 -LRB103 37601 JRC 70961 a

1            (f) Social Security Administration burial
2        benefits,
3            (g) Veterans administration burial benefits,
4            (h) life, health, accident, vehicle, towing, or
5        liability insurance,
6            (i) the Criminal Victims' Escrow Account Act,
7            (j) the Sexual Assault Survivors Emergency
8        Treatment Act,
9            (k) restitution, or
10            (l) any other source;
11        (8) releases authorizing the surrender to the Court of
12    Claims or Attorney General of reports, documents and other
13    information relating to the matters specified under this
14    Act and rules promulgated in accordance with the Act;
15        (9) such other information as the Court of Claims or
16    the Attorney General reasonably requires.
17    (b) The Attorney General may require that materials
18substantiating the facts stated in the application be
19submitted with that application.
20    (b-5) The victim or applicant may provide to the Attorney
21General a sworn statement by the victim or applicant that
22attests to the victim's or applicant's experience of a crime
23or crimes of violence, in addition to documentation required
24under this Act. If the victim or applicant has additional
25corroborating evidence beyond those described in this Act, the
26victim or applicant may provide the following documents: law

 

 

10300SB3713sam001- 36 -LRB103 37601 JRC 70961 a

1enforcement report; medical records; confirmation of sexual
2assault evidence collection; order of protection; civil no
3contact order, stalking no contact order; photographs; letter
4from a service provider who serves victims of crime; affidavit
5from a witness of the crime of violence; court record;
6military record; or any other corroborating evidence. Such
7documentation or statement may be used to supplement required
8documentation to verify the incident but is not required. If
9an applicant is seeking an exception under subsection (b) or
10(c-1) of Section 6.1, the applicant shall provide any
11additional documentation, information, or statement that
12substantiates the facts stated in the 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

 

 

10300SB3713sam001- 37 -LRB103 37601 JRC 70961 a

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 101st General Assembly apply to actions commenced
7or pending on or after January 1, 2022.
8(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21;
9102-905, eff. 1-1-23.)
 
10    (740 ILCS 45/8.1)  (from Ch. 70, par. 78.1)
11    Sec. 8.1. If an applicant does not submit all materials
12substantiating his or her claim as requested of him or her by
13the Attorney General, the Attorney General shall notify the
14applicant in writing of the specific additional items of
15information or materials required and that he or she has 45
16days in which to furnish those items to the Attorney General.
17The Attorney General shall report an applicant's failure to
18comply within 45 days of the foregoing notice to the Court of
19Claims. No award of compensation shall be made for any portion
20of the applicant's claim that is not substantiated by the
21applicant. An applicant may request an extension of time from
22the Attorney General prior to the expiration of the 45-day
23period.
24    After an application has been filed, an applicant's
25failure to respond to communication from the Office of the

 

 

10300SB3713sam001- 38 -LRB103 37601 JRC 70961 a

1Attorney General or the Court of Claims or a failure to provide
2necessary documentation to substantiate the request for
3compensation may result in the claim being closed without
4compensation. An applicant may submit to have the claim
5reopened when the applicant is able to provide missing
6information and communicate regarding the claim.
7    Failure to update the Office of the Attorney General with
8changes to the applicant's contact information after the
9application is submitted to the Office of the Attorney General
10may result in applications that are not filed with the Court of
11Claims or claims that are closed without compensation.
12(Source: P.A. 102-27, eff. 1-1-22.)
 
13    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
14    Sec. 10.1. Award of compensation. The awarding of
15compensation and the amount of compensation to which an
16applicant and other persons are entitled shall be based on the
17following factors:
18        (a) Each victim may be compensated for his or her
19    pecuniary loss up to the maximum amount allowable.
20        (b) Each dependent may be compensated for loss of
21    support, as provided in paragraph (15) of subsection (h)
22    of Section 2.
23        (c) Any person, even though not dependent upon the
24    victim for his or her support, may be compensated for
25    reasonable expenses of the victim to the extent to which

 

 

10300SB3713sam001- 39 -LRB103 37601 JRC 70961 a

1    he or she has paid or become obligated to pay such expenses
2    and only after compensation for reasonable funeral,
3    medical and hospital expenses of the victim have been
4    awarded may compensation be made for reasonable expenses
5    of the victim incurred for psychological treatment of a
6    mental or emotional condition caused or aggravated by the
7    crime. Persons that have paid or become obligated to pay
8    expenses for a victim shall share the maximum award with
9    the amount divided in proportion to the amount of the
10    actual loss among those entitled to compensation.
11        (d) Except for claims listed under subsection (d-1) of
12    this Section, an An award shall be reduced or denied
13    according to the extent to which the victim's injury or
14    death was caused by provocation or incitement by the
15    victim or the victim assisting, attempting, or committing
16    a criminal act. A denial or reduction shall not
17    automatically bar the survivors of homicide victims from
18    receiving compensation for counseling, crime scene
19    cleanup, relocation, funeral or burial costs, and loss of
20    support if the survivor's actions have not initiated,
21    provoked, or aggravated the suspect into initiating the
22    qualifying crime.
23        (d-1) For claims that a law enforcement officer's use
24    of force resulted in injury or death to a victim, an award
25    shall be reduced or denied to the extent by which the
26    victim's behavior posed an imminent threat of death or

 

 

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1    serious bodily injury to the law enforcement officer or
2    another person and such behavior of the victim was a
3    direct and proximate cause of the victim's injury or
4    death. If a police report has been made, the police report
5    shall not be the sole factor if the Attorney General or
6    Court of Claims has identified reliable information that
7    conflicts with the police report.
8        (d-2) A person who is criminally responsible for the
9    crime upon which a claim is based or an accomplice of such
10    person shall not be eligible to receive an award with
11    respect to such claim. A member of the family of a person
12    criminally responsible for the crime upon which a claim is
13    based or a member of the family of an accomplice of such
14    person shall be eligible to receive an award, unless the
15    person criminally responsible will receive substantial
16    economic benefit or unjust enrichment from the
17    compensation. In no event shall an applicant be denied
18    compensation solely because of the applicant's or the
19    victim's familial relationship with the offender or
20    because of the sharing of a dwelling by the victim or
21    applicant and the offender.
22        (d-3) A denial or reduction shall not automatically
23    bar the survivors of homicide victims from receiving
24    compensation for counseling, crime scene cleanup,
25    relocation, funeral or burial costs, and loss of support.
26        (e) An award shall be reduced by the amount of

 

 

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1    benefits, payments or awards payable under those sources
2    which are required to be listed under item (7) of Section
3    7.1(a) and any other sources except annuities, pension
4    plans, Federal Social Security payments payable to
5    dependents of the victim and the net proceeds of the first
6    $25,000 of life insurance that would inure to the benefit
7    of the applicant, which the applicant or any other person
8    dependent for the support of a deceased victim, as the
9    case may be, has received or to which he or she is entitled
10    as a result of injury to or death of the victim.
11        (f) A final award shall not exceed $10,000 for a crime
12    committed prior to September 22, 1979, $15,000 for a crime
13    committed on or after September 22, 1979 and prior to
14    January 1, 1986, $25,000 for a crime committed on or after
15    January 1, 1986 and prior to August 7, 1998, $27,000 for a
16    crime committed on or after August 7, 1998 and prior to
17    August 7, 2022, or $45,000 per victim for a crime
18    committed on or after August 7, 2022. For any applicant
19    who is not a victim, if the total pecuniary loss is greater
20    than the maximum amount allowed, the award shall be
21    divided in proportion to the amount of actual loss among
22    those entitled to compensation who are not victims.
23        (g) Compensation under this Act is a secondary source
24    of compensation and the applicant must show that he or she
25    has exhausted the benefits reasonably available under the
26    Criminal Victims' Escrow Account Act or any governmental

 

 

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1    or medical or health insurance programs, including, but
2    not limited to, Workers' Compensation, the Federal
3    Medicare program, the State Public Aid program, Social
4    Security Administration burial benefits, and Veterans
5    Administration burial benefits, and life, health,
6    accident, full vehicle coverage (including towing
7    insurance, if available), or liability insurance.
8    Crowdfunding resources available to applicants are not
9    considered collateral sources of payment, regardless of
10    any statements made about what expenses the crowdfunding
11    resources will be used to pay.
12(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23;
13103-564, eff. 11-17-23.)
 
14    (740 ILCS 45/18.5)
15    Sec. 18.5. Restrictions on collection of debts incurred by
16crime victims.
17    (a) Within 10 business days after the filing of a claim,
18the Office of the Attorney General shall issue an applicant a
19written notice of the crime victim compensation claim and
20inform the applicant that the applicant may provide a copy of
21the written notice to vendors to have debt collection
22activities cease while the claim is pending.
23    (b) An applicant may provide a copy of the written notice
24to a vendor waiting for payment of a related debt. A vendor
25that receives notice of the filing of a claim under this Act

 

 

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1with the Court of Claims or Attorney General must cease all
2debt collection activities against the applicant for a related
3debt. A vendor that assists an applicant to complete or submit
4an application for compensation or a vendor that submits a
5bill to the Office of the Attorney General has constructive
6notice of the filing of the claim and must not engage in debt
7collection activities against the applicant for a related
8debt. If the Court of Claims or Attorney General awards
9compensation for the related debt, a vendor shall not engage
10in debt collection activities while payment is pending. If the
11Court of Claims denies compensation for a vendor's bill for
12the related debt or a portion thereof, the vendor may not
13engage in debt collection activities until 45 days after the
14date of notice from the Court of Claims or the Attorney General
15denying compensation in whole or in part.
16    (c) A vendor that has notice of a compensation claim may:
17(1) submit a written request to the Attorney General for
18notification of the Attorney General's decision involving a
19related debt. The Attorney General shall provide notification
20of payment or denial of payment within 30 days of its decision;
21(2) submit a bill for a related debt to the Office of the
22Attorney General; and (3) contact the Office of the Attorney
23General to inquire about the status of the claim.
24    (d) The statute of limitations for collection of a related
25debt is tolled upon the filing of the claim with the Court of
26Claims and all civil actions in court against the applicant

 

 

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1for a related debt shall be stayed until 45 days after the
2Attorney General denies or the Court of Claims enters an order
3denying compensation for the related debt or portion thereof.
4    (d-5) Any vendor that violates the provisions of this
5Section may be held liable to the affected victim or applicant
6in an action brought in a court of competent jurisdiction for
7such legal or equitable relief as may be appropriate to
8effectuate the purposes of this Section.
9    (e) As used in this Section:
10        (1) "Crime victim" means a victim of a violent crime
11    or an applicant as defined in this Act.
12        (2) "Debt collection activities" means:
13            (A) communicating with, harassing, or intimidating
14        the crime victim for payment, including, but not
15        limited to: ,
16                (i) repeatedly calling or writing to the crime
17            victim or applicant or his or her relatives or
18            employers;
19                (ii) calling or writing to the victim or
20            applicant or his or her relatives or employers
21            after an explicit request to cease contact; and
22                (iii) threatening to refer the related debt to
23            a debt collection agency or to an attorney for
24            collection, enforcement, or the filing of other
25            process;
26            (B) contacting a credit ratings agency or

 

 

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1        distributing information to affect the crime victim's
2        credit rating as a result of the related debt;
3            (C) referring a bill, or portion thereof, to a
4        collection agency or attorney for collection action
5        against the crime victim; or
6            (D) taking any other action adverse to the crime
7        victim or his or her family on account of the related
8        debt.
9        "Debt collection activities" does not include billing
10    insurance or other government programs, routine inquiries
11    about coverage by private insurance or government
12    programs, or routine billing that indicates that the
13    amount is not due pending resolution of the crime victim
14    compensation claim.
15        (3) "Related debt" means a debt or expense for
16    hospital, medical, dental, or counseling services incurred
17    by or on behalf of a crime victim as a direct result of the
18    crime.
19        (4) "Vendor" includes persons, providers of service,
20    vendors' agents, debt collection agencies, and attorneys
21    hired by a vendor.
22(Source: P.A. 102-27, eff. 1-1-22.)
 
23    Section 99. Effective date. The provisions changing
24Sections 2, 2.5, 4.2, 5.1, 6.1, 7.1, 8.1, and 10.1 of the Crime
25Victims Compensation Act take effect January 1, 2025. This

 

 

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1Section and the provisions changing Sections 4.1 and 18.5 of
2the Crime Victims Compensation Act and the Juvenile Court Act
3of 1987 take effect upon becoming law.".