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92_HB1814ham001
LRB9203512OBtmam
1 AMENDMENT TO HOUSE BILL 1814
2 AMENDMENT NO. . Amend House Bill 1814 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Court of Claims Act is amended by
5 changing Section 16 as follows:
6 (705 ILCS 505/16) (from Ch. 37, par. 439.16)
7 Sec. 16. Concurrence of judges. Concurrence of 4 judges
8 is necessary to the decision of any case; provided, however,
9 the court in its discretion may assign any case to a
10 commissioner for hearing and final decision, subject to
11 whatever right of review the court by rule may choose to
12 exercise. In matters involving the award of emergency funds
13 under the Crime Victims Compensation Act, the decision of one
14 judge is necessary to award emergency funds.
15 (Source: P.A. 84-1240.)
16 Section 10. The Violent Crime Victims Assistance Act is
17 amended by changing Sections 4 and 5 as follows:
18 (725 ILCS 240/4) (from Ch. 70, par. 504)
19 Sec. 4. Advisory Commission created. There is created a
20 Violent Crimes Advisory Commission, hereinafter called the
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1 Advisory Commission, consisting of 18 16 members: the
2 Attorney General, or his or her designee who shall serve as
3 Chairperson; the Illinois Secretary of State or his or her
4 designee; the Chief Justice of the Court of Claims or his or
5 her designee; the Director of Children and Family Services; 2
6 members of the House of Representatives, 1 to be appointed by
7 the Speaker of the House and 1 to be appointed by the
8 Minority Leader of the House; 2 members of the Senate, 1 to
9 be appointed by the President of the Senate and 1 to be
10 appointed by the Minority Leader of the Senate; and the
11 following to be appointed by the Attorney General: 1 police
12 officer; 1 State's Attorney from a county in Illinois; 1
13 health services professional possessing experience and
14 expertise in dealing with the victims of violent crime; one
15 person who is employed as an administrator at a public or
16 private institution of higher education; one person who is
17 enrolled as a student at a public or private institution of
18 higher education; and 5 members of the public, one of whom
19 shall be a senior citizen age 60 or over, possessing
20 experience and expertise in dealing with victims of violent
21 crime, including experience with victims of domestic and
22 sexual violence. The members of the Advisory Commission
23 shall be appointed biennially for terms expiring on July 1 of
24 each succeeding odd-numbered year and shall serve until their
25 respective successors are appointed or until termination of
26 their legislative service, whichever first occurs. The
27 members of the Commission shall receive no compensation for
28 their services but shall be reimbursed for necessary expenses
29 incurred in the performance of their duties. Vacancies
30 occurring because of death or resignation shall be filled by
31 the appointing authority for the group in which the vacancy
32 occurs.
33 Nine Eight members of the Advisory Commission shall
34 constitute a quorum for the transaction of business, and the
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1 concurrence of at least 9 8 members shall be necessary to
2 render a determination, decision or recommendation by the
3 Advisory Committee. In addition to the Attorney General, who
4 shall serve as Chairperson, the Advisory Commission may
5 select such other officers as it deems necessary.
6 (Source: P.A. 90-762, eff. 8-14-98.)
7 (725 ILCS 240/5) (from Ch. 70, par. 505)
8 Sec. 5. Advisory Commission - General responsibilities.
9 (a) The Advisory Commission shall have the following
10 responsibilities:
11 (1) To study the operation of all Illinois laws,
12 practices, agencies and organizations which affect victims of
13 crime including but not limited to the Crime Victims
14 Compensation Act;
15 (2) To promote and conduct studies, research, analysis
16 and investigation of matters affecting the interests of crime
17 victims;
18 (3) To recommend legislation to develop and improve
19 policies which promote the recognition of the legitimate
20 rights, needs and interests of crime victims;
21 (4) To serve as a clearinghouse for public information
22 relating to crime victims' problems and programs;
23 (5) To coordinate, monitor and evaluate the activities
24 of programs operating under this Act;
25 (6) To make any necessary outreach efforts to encourage
26 the development and maintenance of services throughout the
27 State, with special attention to the regions and
28 neighborhoods with the greatest need for victim assistance
29 services;
30 (7) To perform other activities, in cooperation with the
31 Attorney General, which the Advisory Commission considers
32 useful to the furtherance of the stated legislative intent;
33 (8) To make an annual report to the General Assembly.
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1 (b) The Advisory Committee may also perform any of the
2 functions enumerated in subparagraph (a) of this section
3 relative to witnesses to crime.
4 (Source: P.A. 83-908.)
5 Section 15. The Criminal Code of 1961 is amended by
6 adding Section 17-5.5 as follows:
7 (720 ILCS 5/17-5.5 new)
8 Sec. 17-5.5. Unlawful attempt to collect compensated
9 debt against a crime victim.
10 (a) As used in this Section, "crime victim" means a
11 victim of a violent crime or applicant as defined in the
12 Crime Victims Compensation Act.
13 "Compensated debt" means a debt incurred by or on behalf
14 of a crime victim and approved for payment by the Court of
15 Claims under the Crime Victims Compensation Act.
16 (b) A person or a vendor commits the offense of unlawful
17 attempt to collect a compensated debt against a crime victim
18 when, with intent to collect funds for a debt incurred by or
19 on behalf of a crime victim, which debt has been approved for
20 payment by the Court of Claims under the Crime Victims
21 Compensation Act, but the funds are involuntarily withheld
22 from the person or vendor by the Comptroller by virtue of an
23 outstanding obligation owed by the person or vendor to the
24 State under the Uncollected State Claims Act, the person or
25 vendor:
26 (1) communicates with, harasses, or intimidates the
27 crime victim for payment;
28 (2) contacts or distributes information to affect
29 the compensated crime victim's credit rating as a result
30 of the compensated debt; or
31 (3) takes any other action adverse to the crime
32 victim or his or her family on account of the compensated
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1 debt.
2 (c) Unlawful attempt to collect a compensated debt
3 against a crime victim is a Class A misdemeanor.
4 (d) Nothing in this Act prevents the attempt to collect
5 an uncompensated debt or an uncompensated portion of a
6 compensated debt incurred by or on behalf of a crime victim
7 and not covered under the Crime Victims Compensation Act.
8 Section 20. The Crime Victims Compensation Act is
9 amended by changing Sections 6.1, 17, and 18, and adding
10 Section 10.2 as follows:
11 (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
12 Sec. 6.1. Right to compensation. A person is entitled
13 to compensation under this Act if:
14 (a) Within 2 years one year of the occurrence of the
15 crime upon which the claim is based, he files an application,
16 under oath, with the Court of Claims and on a form prescribed
17 in accordance with Section 7.1 furnished by the Attorney
18 General. If the person entitled to compensation is under 18
19 years of age or under other legal disability at the time of
20 the occurrence or becomes legally disabled as a result of the
21 occurrence, he may file the application required by this
22 subsection within 2 years one year after he attains the age
23 of 18 years or the disability is removed, as the case may be.
24 Upon good cause shown, the Court of Claims may extend the
25 time for filing the application for a period not exceeding
26 one year. The Court of Claims may by general orders provide
27 for the extensions of time to file applications.
28 (b) The appropriate law enforcement officials were
29 notified within 72 hours of the perpetration of the crime
30 allegedly causing the death or injury to the victim or, in
31 the event such notification was made more than 72 hours after
32 the perpetration of the crime, the applicant establishes that
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1 such notice was timely under the circumstances.
2 (c) The applicant has cooperated fully with law
3 enforcement officials in the apprehension and prosecution of
4 the assailant.
5 (d) The applicant is not the offender or an accomplice
6 of the offender and the award would not unjustly benefit the
7 offender or his accomplice.
8 (e) The injury to or death of the victim was not
9 substantially attributable to his own wrongful act and was
10 not substantially provoked by the victim.
11 (Source: P.A. 86-1009; 86-1221.)
12 (740 ILCS 45/10.2 new)
13 Sec. 10.2. Emergency awards.
14 (a) If it appears, prior to taking action on an
15 application, that the claim is one for which compensation is
16 probable, and undue hardship will result to the applicant if
17 immediate payment is not made, the Attorney General may
18 recommend and the Court may make an emergency award of
19 compensation to the applicant, pending a final decision in
20 the case, provided the amount of emergency compensation does
21 not exceed $2,000. The amount of emergency compensation for
22 funeral and burial expenses may not exceed $1,000. The amount
23 of emergency compensation shall be deducted from any final
24 award made as a result of the claim. The full amount of the
25 emergency award if no final award is made shall be repaid by
26 the applicant to the State of Illinois.
27 (b) Emergency award applicants must satisfy all
28 requirements under Section 6.1 of this Act.
29 (740 ILCS 45/17) (from Ch. 70, par. 87)
30 Sec. 17. (a) Subrogation. The Court of Claims may award
31 compensation on the condition that the applicant subrogate to
32 the State his rights to collect damages from the assailant or
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1 any third party who may be liable in damages to the
2 applicant. In such a case the Attorney General may, on
3 behalf of the State, bring an action against an assailant or
4 third party for money damages, but must first notify the
5 applicant and give him an opportunity to participate in the
6 prosecution of the action. The excess of the amount
7 recovered in such action over the amount of the compensation
8 offered and accepted or awarded under this Act plus costs of
9 the action and attorneys' fees actually incurred shall be
10 paid to the applicant.
11 (b) Nothing in this Act affects the right of the
12 applicant to seek civil damages from the assailant and any
13 other party, but that applicant must give written notice to
14 the Attorney General of the making of a claim or the filing
15 of an action for such damages. Failure to notify the Attorney
16 General of such claims and actions at the time they are
17 instituted or at the time an application is filed is a
18 willful omission of fact and the applicant thereby becomes
19 subject to the provisions of Section 20 of this Act.
20 (c) The State has a charge for the amount of
21 compensation paid under this Act upon all claims or causes of
22 action against an assailant and any other party to recover
23 for the injuries or death of a victim which were the basis
24 for that payment of compensation. At the time compensation
25 is ordered to be paid under this Act, the Court of Claims
26 shall give written notice of this charge to the applicant.
27 The charge attaches to any verdict or judgment entered and to
28 any money or property which is recovered on account of the
29 claim or cause of action against the assailant or any other
30 party after the notice is given. On petition filed by the
31 Attorney General on behalf of the State or by the applicant,
32 the circuit court, on written notice to all interested
33 parties, shall adjudicate the right of the parties and
34 enforce the charge. This subsection does not affect the
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1 priority of a lien under "AN ACT creating attorney's lien and
2 for enforcement of same", filed June 16, 1909, as amended.
3 (d) Where compensation is awarded under this Act and the
4 person receiving same also receives any sum required to be,
5 and that has not been deducted under Section 10.1, he shall
6 refund to the State the amount of compensation paid to him
7 which would have been deducted at the time the award was
8 made.
9 (e) An amount not to exceed 25% of all money recovered
10 under subsections (b), (c), or (d) of this Section shall be
11 placed in the Violent Crime Victims Assistance Fund to assist
12 with costs related to recovery efforts. "Recovery efforts"
13 means those activities that are directly attributable to
14 obtaining restitution, civil suit recoveries, and other
15 reimbursements.
16 (Source: P.A. 84-545.)
17 (740 ILCS 45/18) (from Ch. 70, par. 88)
18 Sec. 18. Claims against awards.
19 (a) An award is not subject to enforcement, attachment,
20 garnishment, or other process, except that an award is not
21 exempt from a claim of a creditor to the extent that he or
22 she provided products, services, or accommodations the costs
23 of which are included in the award.
24 (b) An assignment or agreement to assign a right to
25 compensation for loss accruing in the future is
26 unenforceable, except:
27 (1) an assignment of a right to compensation for
28 work loss to secure payment of maintenance or child
29 support; or
30 (2) an assignment of a right to compensation to the
31 extent of the cost of products, services, or
32 accommodations necessitated by the injury or death on
33 which the claim is based and are provided or to be
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1 provided by the assignee.
2 (c) The court may order that all or a portion of an
3 award be paid jointly to the applicant and another person or
4 solely and directly to another person to the extent that such
5 other person has provided products, services or
6 accommodations, the costs of which are included in the award.
7 The provisions of this amendatory Act of 1994 apply to all
8 pending claims in existence on the effective date of this
9 amendatory Act of 1994.
10 (d) If an award under subsection (c) of this Section is
11 offset by the Comptroller, pursuant to the Uncollected State
12 Claims Act, the intended individual or entity must credit the
13 applicant's or victim's account for the amount ordered by the
14 Court of Claims, and the intended individual or entity is
15 prohibited from pursuing payment from the applicant or victim
16 for any portion that is offset. The Comptroller shall notify
17 both the Office of the Attorney General and the Court of
18 Claims of all awards that are offset under this Section.
19 (Source: P.A. 88-601, eff. 1-1-95.)".