(740 ILCS 45/2) Sec. 2. Definitions. As used in this Act, unless the context otherwise requires: (a) "Applicant" means any of the following claiming compensation under this Act: a victim, a person who was a dependent of a deceased victim of a crime of violence for the person's support at the time of the death of that victim, a person who legally assumes the obligation or who voluntarily pays the medical or the funeral or burial expenses incurred as a direct result of the crime, and any other person the Court of Claims or the Attorney General finds is entitled to compensation, including the guardian of a minor or of a person under legal disability. The changes made to this subsection by Public Act 101-652 apply to actions commenced or pending on or after January 1, 2022. (b) "Court of Claims" means the Court of Claims created by the Court of Claims Act. (c) "Crime of violence" means and includes any offense defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of the Stalking No Contact Order Act, Section 219 of the Civil No Contact Order Act, driving under the influence as defined in Section 11-501 of the Illinois Vehicle Code, a violation of Section 11-401 of the Illinois Vehicle Code, provided the victim was a pedestrian or was operating a vehicle moved solely by human power or a mobility device at the time of contact, and a violation of Section 11-204.1 of the Illinois Vehicle Code; so long as the offense did not occur during a civil riot, insurrection or rebellion. "Crime of violence" does not include any other offense or crash involving a motor vehicle except those vehicle offenses specifically provided for in this paragraph. "Crime of violence" does include all of the offenses specifically provided for in this paragraph that occur within this State but are subject to federal jurisdiction and crimes involving terrorism as defined in 18 U.S.C. 2331. (d) "Victim" means (1) a person killed or injured in this State as a result of a crime of violence perpetrated or attempted against him or her, (2) the spouse, parent, or child of a person killed or injured in this State as a result of a crime of violence perpetrated or attempted against the person, or anyone living in the household of a person killed or injured in a relationship that is substantially similar to that of a parent, spouse, or child, (3) a person killed or injured in this State while attempting to assist a person against whom a crime of violence is being perpetrated or attempted, if that attempt of assistance would be expected of a reasonable person under the circumstances, (4) a person killed or injured in this State while assisting a law enforcement official apprehend a person who has perpetrated a crime of violence or prevent the perpetration of any such crime if that assistance was in response to the express request of the law enforcement official, (5) a person who personally witnessed a violent crime, (5.05) a person who will be called as a witness by the prosecution to establish a necessary nexus between the offender and the violent crime, (5.1) solely for the purpose of compensating for pecuniary loss incurred for psychological treatment of a mental or emotional condition caused or aggravated by the crime, any other person under the age of 18 who is the brother, sister, half brother, or half sister of a person killed or injured in this State as a result of a crime of violence, (6) an Illinois resident who is a victim of a "crime of violence" as defined in this Act except, if the crime occurred outside this State, the resident has the same rights under this Act as if the crime had occurred in this State upon a showing that the state, territory, country, or political subdivision of a country in which the crime occurred does not have a compensation of victims of crimes law for which that Illinois resident is eligible, (7) the parent, spouse, or child of a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence, or (8) (blank). (e) "Dependent" means a relative of a deceased victim who was wholly or partially dependent upon the victim's income at the time of his or her death and shall include the child of a victim born after his or her death. (f) "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, brother-in-law, sister, sister-in-law, half brother, half sister, spouse's parent, nephew, niece, uncle, aunt, or anyone living in the household of a person killed or injured in a relationship that is substantially similar to that of a parent, spouse, or child. (g) "Child" means a son or daughter and includes a stepchild, an adopted child or a child born out of wedlock. (h) "Pecuniary loss" means: (1) in the case of injury, appropriate medical |
| expenses and hospital expenses including expenses of medical examinations, rehabilitation, medically required nursing care expenses, appropriate psychiatric care or psychiatric counseling expenses, appropriate expenses for care or counseling by a licensed clinical psychologist, licensed clinical social worker, licensed professional counselor, or licensed clinical professional counselor and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto;
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(2) transportation expenses to and from medical and
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| counseling treatment facilities;
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(3) prosthetic appliances, eyeglasses, and hearing
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| aids necessary or damaged as a result of the crime;
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(4) expenses incurred for the towing and storage of a
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| victim's vehicle in connection with a crime of violence, to a maximum of $1,000;
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(5) costs associated with trafficking tattoo removal
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| by a person authorized or licensed to perform the specific removal procedure;
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(6) replacement costs for clothing and bedding used
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(7) costs associated with temporary lodging or
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| relocation necessary as a result of the crime, including, but not limited to, the first 2 months' rent and security deposit of the dwelling that the claimant relocated to and other reasonable relocation expenses incurred as a result of the violent crime;
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(8) locks or windows necessary or damaged as a result
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(9) the purchase, lease, or rental of equipment
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| necessary to create usability of and accessibility to the victim's real and personal property, or the real and personal property which is used by the victim, necessary as a result of the crime; "real and personal property" includes, but is not limited to, vehicles, houses, apartments, townhouses, or condominiums;
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(10) the costs of appropriate crime scene clean-up;
(11) replacement services loss, to a maximum of
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| $1,250 per month, with this amount to be divided in proportion to the amount of the actual loss among those entitled to compensation;
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(12) dependents replacement services loss, to a
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| maximum of $1,250 per month, with this amount to be divided in proportion to the amount of the actual loss among those entitled to compensation;
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(13) loss of tuition paid to attend grammar school or
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| high school when the victim had been enrolled as a student prior to the injury, or college or graduate school when the victim had been enrolled as a day or night student prior to the injury when the victim becomes unable to continue attendance at school as a result of the crime of violence perpetrated against him or her;
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(14) loss of earnings, loss of future earnings
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| because of disability resulting from the injury. Loss of future earnings shall be reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in available appropriate substitute work the victim was capable of performing but unreasonably failed to undertake; loss of earnings and loss of future earnings shall be determined on the basis of the victim's average net monthly earnings for the 6 months immediately preceding the date of the injury or on $2,400 per month, whichever is less, or, in cases where the absences commenced more than 3 years from the date of the crime, on the basis of the net monthly earnings for the 6 months immediately preceding the date of the first absence, not to exceed $2,400 per month;
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(15) loss of support of the dependents of the victim.
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| Loss of support shall be determined on the basis of the victim's average net monthly earnings for the 6 months immediately preceding the date of the injury or on $2,400 per month, whichever is less, or, in cases where the absences commenced more than 3 years from the date of the crime, on the basis of the net monthly earnings for the 6 months immediately preceding the date of the first absence, not to exceed $2,400 per month. If a divorced or legally separated applicant is claiming loss of support for a minor child of the deceased, the amount of support for each child shall be based either on the amount of support pursuant to the judgment prior to the date of the deceased victim's injury or death, or, if the subject of pending litigation filed by or on behalf of the divorced or legally separated applicant prior to the injury or death, on the result of that litigation. Loss of support for minors shall be divided in proportion to the amount of the actual loss among those entitled to such compensation;
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(16) in the case of death, expenses for reasonable
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| funeral, burial, and travel and transport for survivors of homicide victims to secure bodies of deceased victims and to transport bodies for burial all of which may be awarded up to a maximum of $10,000 for each victim. Other individuals that have paid or become obligated to pay funeral or burial expenses for the deceased shall share a maximum award of $10,000, with the award divided in proportion to the amount of the actual loss among those entitled to compensation; and
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(17) in the case of dismemberment or desecration of a
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| body, expenses for reasonable funeral and burial, all of which may be awarded up to a maximum of $10,000 for each victim. Other individuals that have paid or become obligated to pay funeral or burial expenses for the deceased shall share a maximum award of $10,000, with the award divided in proportion to the amount of the actual loss among those entitled to compensation.
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"Pecuniary loss" does not include pain and suffering or property loss or damage.
The changes made to this subsection by Public Act 101-652 apply to actions commenced or pending on or after January 1, 2022.
(i) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income, but for the benefit of himself or herself or his or her family, if he or she had not been injured.
(j) "Dependents replacement services loss" means loss reasonably incurred by dependents or private legal guardians of minor dependents after a victim's death in obtaining ordinary and necessary services in lieu of those the victim would have performed, not for income, but for their benefit, if he or she had not been fatally injured.
(k) "Survivor" means immediate family including a parent, stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent, stepparent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a victim in connection with the commission of a violation of Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff. 11-17-23.)
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(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
Sec. 6.1. Right to compensation. A person is entitled to compensation
under this Act if:
(a) Within 5 years of the occurrence of the crime, or |
| within one year after a criminal charge of a person for an offense, upon which the claim is based, the applicant presents an application, under oath, to the Attorney General that is filed with the Court of Claims and on a form prescribed in accordance with Section 7.1 furnished by the Attorney General. If the person entitled to compensation is under 18 years of age or under other legal disability at the time of the occurrence or is determined by a court to be under a legal disability as a result of the occurrence, he or she may present the application required by this subsection within 3 years after he or she attains the age of 18 years or the disability is removed, as the case may be. Legal disability includes a diagnosis of posttraumatic stress disorder.
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(a-1) The Attorney General and the Court of Claims
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| may accept an application presented after the period provided in subsection (a) if the Attorney General determines that the applicant had good cause for a delay.
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(b) For all crimes of violence, except those listed
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| in subsection (b-1) of this Section, the appropriate law enforcement officials were notified within 72 hours of the perpetration of the crime allegedly causing the death or injury to the victim or, in the event such notification was made more than 72 hours after the perpetration of the crime, the applicant establishes that such notice was timely under the circumstances.
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(b-1) For victims of offenses defined in Sections
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| 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the appropriate law enforcement officials were notified within 7 days of the perpetration of the crime allegedly causing death or injury to the victim or, in the event that the notification was made more than 7 days after the perpetration of the crime, the applicant establishes that the notice was timely under the circumstances. If the applicant or victim has obtained an order of protection, a civil no contact order, or a stalking no contact order, has presented himself or herself to a hospital for medical care or sexual assault evidence collection, or is engaged in a legal proceeding involving a claim that the applicant or victim is a victim of human trafficking, such action shall constitute appropriate notification under this subsection (b-1) or subsection (b) 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 assailant. If the applicant or victim has obtained an order of protection, a civil no contact order, or a stalking no contact order, has presented himself or herself to a hospital for medical care or sexual assault evidence collection, or is engaged in a legal proceeding involving a claim that the applicant or victim is a victim of human trafficking, such action shall constitute cooperation under this subsection (c). If the victim is under 18 years of age at the time of the commission of the offense, the following shall constitute cooperation under this subsection (c):
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(1) the applicant or the victim files a police
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| report with a law enforcement agency;
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(2) a mandated reporter reports the crime to law
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(3) a person with firsthand knowledge of the
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| crime reports the crime to law enforcement.
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(d) The applicant is not the offender or an
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| accomplice of the offender and the award would not unjustly benefit the offender or his accomplice.
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(e) (Blank).
(f) For victims of offenses defined in Section 10-9
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| of the Criminal Code of 2012, the victim submits a statement under oath on a form prescribed by the Attorney General attesting that the removed tattoo was applied in connection with the commission of the offense.
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(g) In determining whether cooperation has been
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| reasonable, the Attorney General and Court of Claims may consider the victim's age, physical condition, psychological state, cultural or linguistic barriers, and compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victim's family, and giving due consideration to the degree of cooperation that the victim or derivative victim is capable of in light of the presence of any of these factors, or any other factor the Attorney General considers relevant.
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The changes made to this Section by this amendatory Act of the 101st General Assembly apply to actions commenced or pending on or after January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
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(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
Sec. 7.1. (a) The application shall set out:
(1) the name and address of the victim;
(2) if the victim is deceased, the name and address |
| of the applicant and his or her relationship to the victim, the names and addresses of other persons dependent on the victim for their support and the extent to which each is so dependent, and other persons who may be entitled to compensation for a pecuniary loss;
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(3) the date and nature of the crime on which the
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| application for compensation is based;
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(4) the date and place where and the law enforcement
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| officials to whom notification of the crime was given;
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(5) the nature and extent of the injuries sustained
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| by the victim, and the names and addresses of those giving medical and hospitalization treatment to the victim;
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(6) the pecuniary loss to the applicant and to such
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| other persons as are specified under item (2) resulting from the injury or death;
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(7) the amount of benefits, payments, or awards, if
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(a) the Workers' Compensation Act,
(b) the Dram Shop Act,
(c) any claim, demand, or cause of action based
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| upon the crime-related injury or death,
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(d) the Federal Medicare program,
(e) the State Public Aid program,
(f) Social Security Administration burial
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(g) Veterans administration burial benefits,
(h) life, health, accident, vehicle, towing, or
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(i) the Criminal Victims' Escrow Account Act,
(j) the Sexual Assault Survivors Emergency
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(k) restitution, or
(l) any other source;
(8) releases authorizing the surrender to the Court
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| of Claims or Attorney General of reports, documents and other information relating to the matters specified under this Act and rules promulgated in accordance with the Act;
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(9) such other information as the Court of Claims or
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| the Attorney General reasonably requires.
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(b) The Attorney General may require that materials substantiating
the facts stated in the application be submitted with that application.
(c) An applicant, on his or her own motion, may file an amended application
or additional substantiating materials to correct inadvertent errors or
omissions at any time before the original application has been disposed
of by the Court of Claims or the Attorney General. In either case, the filing of additional
information or of an amended application shall be considered for the
purpose of this Act to have been filed at the same time as the original
application.
For claims submitted on or after January 1, 2022, an amended application or additional substantiating materials to correct inadvertent errors or omissions may be filed at any time before the original application is disposed of by the Attorney General or the Court of Claims.
(d) Determinations submitted by the Attorney General to the Court of Claims shall be available to the Court of Claims for review. The Attorney General shall provide the sources and evidence relied upon as a basis for a compensation determination.
(e) The changes made to this Section by this amendatory Act of the 101st General Assembly apply to actions commenced or pending on or after January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21; 102-905, eff. 1-1-23 .)
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(740 ILCS 45/10.1) (from Ch. 70, par. 80.1) Sec. 10.1. Award of compensation. The awarding of compensation and the amount of compensation to which an applicant and other persons are entitled shall be based on the following factors: (a) Each victim may be compensated for his or her |
| pecuniary loss up the maximum amount allowable.
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(b) Each dependent may be compensated for loss of
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| support, as provided in paragraph (15) of subsection (h) of Section 2.
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(c) Any person, even though not dependent upon the
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| victim for his or her support, may be compensated for reasonable expenses of the victim to the extent to which he or she has paid or become obligated to pay such expenses and only after compensation for reasonable funeral, medical and hospital expenses of the victim have been awarded may compensation be made for reasonable expenses of the victim incurred for psychological treatment of a mental or emotional condition caused or aggravated by the crime. Persons that have paid or become obligated to pay expenses for a victim shall share the maximum award with the amount divided in proportion to the amount of the actual loss among those entitled to compensation.
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(d) An award shall be reduced or denied according to
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| the extent to which the victim's injury or death was caused by provocation or incitement by the victim or the victim assisting, attempting, or committing a criminal act. A denial or reduction shall not automatically bar the survivors of homicide victims from receiving compensation for counseling, crime scene cleanup, relocation, funeral or burial costs, and loss of support if the survivor's actions have not initiated, provoked, or aggravated the suspect into initiating the qualifying crime.
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(e) An award shall be reduced by the amount of
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| benefits, payments or awards payable under those sources which are required to be listed under item (7) of Section 7.1(a) and any other sources except annuities, pension plans, Federal Social Security payments payable to dependents of the victim and the net proceeds of the first $25,000 of life insurance that would inure to the benefit of the applicant, which the applicant or any other person dependent for the support of a deceased victim, as the case may be, has received or to which he or she is entitled as a result of injury to or death of the victim.
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(f) A final award shall not exceed $10,000 for a
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| crime committed prior to September 22, 1979, $15,000 for a crime committed on or after September 22, 1979 and prior to January 1, 1986, $25,000 for a crime committed on or after January 1, 1986 and prior to August 7, 1998, $27,000 for a crime committed on or after August 7, 1998 and prior to August 7, 2022, or $45,000 per victim for a crime committed on or after August 7, 2022. For any applicant who is not a victim, if the total pecuniary loss is greater than the maximum amount allowed, the award shall be divided in proportion to the amount of actual loss among those entitled to compensation who are not victims.
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(g) Compensation under this Act is a secondary source
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| of compensation and the applicant must show that he or she has exhausted the benefits reasonably available under the Criminal Victims' Escrow Account Act or any governmental or medical or health insurance programs, including, but not limited to, Workers' Compensation, the Federal Medicare program, the State Public Aid program, Social Security Administration burial benefits, and Veterans Administration burial benefits, and life, health, accident, full vehicle coverage (including towing insurance, if available), or liability insurance.
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(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23; 103-564, eff. 11-17-23.)
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(740 ILCS 45/13.1) (from Ch. 70, par. 83.1)
Sec. 13.1.
(a) A hearing before a Commissioner of the Court of Claims shall
be held for those claims in which:
(1) the Court of Claims on its own motion sets a |
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(2) the Attorney General petitions the Court of
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(3) a claim has been disposed of without a hearing
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| and an applicant has been denied compensation or has been awarded compensation which he or she thinks is inadequate and he or she petitions the Court of Claims for a hearing within 30 days of the date of issuance of the determination sought to be reviewed. The petition shall set forth the reasons for which review is sought and a recitation of any additional evidence the applicant desires to present to the Court. A copy of the petition shall be provided to the Attorney General. Documentation to be presented at a hearing of the Court of Claims must be submitted to the Attorney General at least 10 working days before the hearing date. Failure to do so may result in a continuance of the hearing.
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(b) At hearings held under this Act before Commissioners of the Court
of Claims, any statement, document, information or matter may be received
in evidence if in the opinion of the Court or its Commissioner such evidence
would contribute to reaching a decision on the claim, regardless of whether
such evidence would be admissible in a court of law.
(c) Petition for rehearing.
(1) The Court of Claims may order a rehearing of a
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| matter decided after a hearing, if, in reaching its decision:
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(A) the court has overlooked, misapplied, or
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| failed to consider a statute, decision, or directly controlling principle;
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(B) the court has overlooked or misconceived some
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| material fact or proposition of law; or
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(C) the court has overlooked or misconceived a
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| material question in the case.
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(2) A rehearing may not be granted if it is
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| sought merely for the purpose of obtaining a reargument on and reconsideration of matters which have already been fully considered by the court.
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(3) The petition shall specify which of the grounds
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| in paragraph (1) of this subsection (c) exists and shall specifically designate that portion of the opinion, or the record, or that particular authority, which the petitioner wishes the court to consider. A copy of the petition shall be served on the opposing party. No petition for rehearing shall exceed 10 typewritten pages. No memoranda or briefs in support of a petition for rehearing, and no response to a petition for rehearing, shall be received unless requested by the court.
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(Source: P.A. 102-27, eff. 1-1-22 .)
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(740 ILCS 45/18.5) Sec. 18.5. Restrictions on collection of debts incurred by crime victims. (a) Within 10 business days after the filing of a claim, the Office of the Attorney General shall issue an applicant a written notice of the crime victim compensation claim and inform the applicant that the applicant may provide a copy of the written notice to vendors to have debt collection activities cease while the claim is pending. (b) An applicant may provide a copy of the written notice to a vendor waiting for payment of a related debt. A vendor that receives notice of the filing of a claim under this Act with the Court of Claims or Attorney General must cease all debt collection activities against the applicant for a related debt. A vendor that assists an applicant to complete or submit an application for compensation or a vendor that submits a bill to the Office of the Attorney General has constructive notice of the filing of the claim and must not engage in debt collection activities against the applicant for a related debt. If the Court of Claims or Attorney General awards compensation for the related debt, a vendor shall not engage in debt collection activities while payment is pending. If the Court of Claims denies compensation for a vendor's bill for the related debt or a portion thereof, the vendor may not engage in debt collection activities until 45 days after the date of notice from the Court of Claims or the Attorney General denying compensation in whole or in part. (c) A vendor that has notice of a compensation claim may: (1) submit a written request to the Attorney General |
| for notification of the Attorney General's decision involving a related debt. The Attorney General shall provide notification of payment or denial of payment within 30 days of its decision;
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(2) submit a bill for a related debt to the Office of
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| the Attorney General; and
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(3) contact the Office of the Attorney General to
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| inquire about the status of the claim.
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(d) The statute of limitations for collection of a related debt is tolled upon the filing of the claim with the Court of Claims and all civil actions in court against the applicant for a related debt shall be stayed until 45 days after the Attorney General denies or the Court of Claims enters an order denying compensation for the related debt or portion thereof.
(e) As used in this Section:
(1) "Crime victim" means a victim of a violent crime
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| or an applicant as defined in this Act.
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(2) "Debt collection activities" means:
(A) communicating with, harassing, or
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| intimidating the crime victim for payment, including, but not limited to, repeatedly calling or writing to the crime victim and threatening to refer the related debt to a debt collection agency or to an attorney for collection, enforcement, or the filing of other process;
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(B) contacting a credit ratings agency or
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| distributing information to affect the crime victim's credit rating as a result of the related debt;
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(C) referring a bill, or portion thereof, to a
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| collection agency or attorney for collection action against the crime victim; or
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(D) taking any other action adverse to the crime
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| victim or his or her family on account of the related debt.
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"Debt collection activities" does not include billing
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| insurance or other government programs, routine inquiries about coverage by private insurance or government programs, or routine billing that indicates that the amount is not due pending resolution of the crime victim compensation claim.
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(3) "Related debt" means a debt or expense for
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| hospital, medical, dental, or counseling services incurred by or on behalf of a crime victim as a direct result of the crime.
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(4) "Vendor" includes persons, providers of service,
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| vendors' agents, debt collection agencies, and attorneys hired by a vendor.
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(Source: P.A. 102-27, eff. 1-1-22 .)
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