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Public Act 102-0027


 

Public Act 0027 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0027
 
HB3295 EnrolledLRB102 11554 JWD 16888 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. If and only if House Bill 3653 of the 101st
General Assembly, as amended by Senate Amendment No. 2,
becomes law, then the Crime Victims Compensation Act is
amended by changing Sections 2, 4.1, 6.1, and 7.1 as follows:
 
    (740 ILCS 45/2)  (from Ch. 70, par. 72)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Applicant" means any person who applies for
compensation under this Act or any 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. It includes any person who was a dependent of a
deceased victim of a crime of violence for his or her support
at the time of the death of that victim.
    The changes made to this subsection by this amendatory Act
of the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2022 2021.
    (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 accident 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) a deceased person whose
body is dismembered or whose remains are desecrated as the
result of a crime of violence, or (8) 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 parent, spouse, or child under
the age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
    (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, 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; transportation expenses to
and from medical and counseling treatment facilities;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; costs associated with
trafficking tattoo removal by a person authorized or licensed
to perform the specific removal procedure; replacement costs
for clothing and bedding used as evidence; costs associated
with temporary lodging or relocation necessary as a result of
the crime, including, but not limited to, the first month's
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; locks or windows necessary or
damaged as a result of the crime; the purchase, lease, or
rental of equipment 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; the costs of appropriate
crime scene clean-up; replacement services loss, to a maximum
of $1,250 per month; dependents replacement services loss, to
a maximum of $1,250 per month; loss of tuition paid to attend
grammar school or 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; loss of
earnings, loss of future earnings because of disability
resulting from the injury, and, in addition, in the case of
death, expenses for 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 and loss of support of the
dependents of the victim; in the case of dismemberment or
desecration of a body, expenses for funeral and burial, all of
which may be awarded up to a maximum of $10,000. Loss of future
earnings shall be reduced by any income from substitute work
actually performed by the victim or by income he or she would
have earned in available appropriate substitute work he or she
was capable of performing but unreasonably failed to
undertake. Loss of earnings, loss of future earnings and 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. Real and personal property
includes, but is not limited to, vehicles, houses, apartments,
town houses, or condominiums. Pecuniary loss does not include
pain and suffering or property loss or damage.
    The changes made to this subsection by this amendatory Act
of the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2022 2021.
    (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. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19;
10100HB3653sam002.)
 
    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)
    Sec. 4.1. In addition to other powers and duties set forth
in this Act and other powers exercised by the Attorney
General, the Attorney General shall:
        (1) investigate all claims and prepare and present an
    investigatory report and a draft award determination to
    the Court of Claims for a review period of 28 business
    days;
        (2) upon conclusion of the review by the Court of
    Claims, provide the applicant with a compensation
    determination letter;
        (3) prescribe and furnish all applications and other
    forms required to be filed in the office of the Attorney
    General by the terms of this Act; and
        (4) represent the interests of the State of Illinois
    in any hearing before the Court of Claims.
    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 2021.
(Source: P.A. 97-817, eff. 1-1-13; 10100HB3653sam002.)
 
    (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.
        (a-1) The Attorney General and the Court of Claims 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.
        (b) For all crimes of violence, except those listed 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.
        (b-1) For victims of offenses defined in Sections
    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.
        (c) The applicant has cooperated with law enforcement
    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):
            (1) the applicant or the victim files a police
        report with a law enforcement agency;
            (2) a mandated reporter reports the crime to law
        enforcement; or
            (3) a person with firsthand knowledge of the crime
        reports the crime to law enforcement.
        (d) The applicant is not the offender or an accomplice
    of the offender and the award would not unjustly benefit
    the offender or his accomplice.
        (e) (Blank).
        (f) For victims of offenses defined in Section 10-9 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.
        (g) In determining whether cooperation has been
    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.
    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 2021.
(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18;
100-1037, eff. 1-1-19; 10100HB3653sam002.)
 
    (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;
        (3) the date and nature of the crime on which the
    application for compensation is based;
        (4) the date and place where and the law enforcement
    officials to whom notification of the crime was given;
        (5) the nature and extent of the injuries sustained by
    the victim, and the names and addresses of those giving
    medical and hospitalization treatment to the victim;
        (6) the pecuniary loss to the applicant and to such
    other persons as are specified under item (2) resulting
    from the injury or death;
        (7) the amount of benefits, payments, or awards, if
    any, payable under:
            (a) the Workers' Compensation Act,
            (b) the Dram Shop Act,
            (c) any claim, demand, or cause of action based
        upon the crime-related injury or death,
            (d) the Federal Medicare program,
            (e) the State Public Aid program,
            (f) Social Security Administration burial
        benefits,
            (g) Veterans administration burial benefits,
            (h) life, health, accident or liability insurance,
            (i) the Criminal Victims' Escrow Account Act,
            (j) the Sexual Assault Survivors Emergency
        Treatment Act,
            (k) restitution, or
            (l) any other source;
        (8) releases authorizing the surrender to the Court 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;
        (9) such other information as the Court of Claims or
    the Attorney General reasonably requires.
    (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 2021, 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 2021.
(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13;
10100HB3653sam002.)
 
    Section 10. The Crime Victims Compensation Act is amended
by changing Sections 8.1, 9.1, 10.1, 10.2, 12, 12.1, 13.1, 15,
16, 18, 18.5, and 20 as follows:
 
    (740 ILCS 45/8.1)  (from Ch. 70, par. 78.1)
    Sec. 8.1. If an applicant does not submit all materials
substantiating his or her claim as requested of him or her by
the Attorney General, the Attorney General shall notify the
applicant in writing of the specific additional items of
information or materials required and that he or she has 45 30
days in which to furnish those items to the Attorney General.
The Attorney General shall report an applicant's failure to
comply within 45 30 days of the foregoing notice to the Court
of Claims. No award of compensation shall be made for any
portion of the applicant's claim that is not substantiated by
the applicant. An applicant may request an extension of time
from the Attorney General prior to the expiration of the
45-day 30 day period.
(Source: P.A. 81-1013.)
 
    (740 ILCS 45/9.1)  (from Ch. 70, par. 79.1)
    Sec. 9.1. In determining whether an applicant is entitled
to compensation, the Attorney General and Court of Claims
shall consider the facts stated in the application and other
material and information. However, the Attorney General and
Court of Claims need not consider whether the alleged
assailant has been apprehended. In reviewing a determination
by the Attorney General, the Court of Claims shall consider
the facts stated in the application and other material and
information submitted and the report of the Attorney General.
However, the Court of Claims need not consider whether or not
the alleged assailant has been apprehended.
(Source: P.A. 81-1013.)
 
    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
    Sec. 10.1. Amount of compensation. The amount of
compensation to which an applicant and other persons are
entitled shall be based on the following factors:
    (a) A victim may be compensated for his or her pecuniary
loss.
    (b) A dependent may be compensated for loss of support.
    (c) Any person, even though not dependent upon the 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.
    (d) An award shall be reduced or denied according to 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. acts or conduct provoked or contributed to
his or her injury or death, or the extent to which any prior
criminal conviction or conduct of the victim may have directly
or indirectly contributed to the injury or death of the
victim.
    (e) An award shall be reduced by the amount of 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.
    (f) A final award shall not exceed $10,000 for a 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, or $27,000 for a crime
committed on or after August 7, 1998 and prior to August 7,
2022, or $45,000 for a crime committed on or after August 7,
2022. 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.
    (g) Compensation under this Act is a secondary source 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, Veterans Administration burial benefits, and life,
health, accident or liability insurance.
(Source: P.A. 97-817, eff. 1-1-13.)
 
    (740 ILCS 45/10.2)
    Sec. 10.2. Emergency awards.
    (a) If it appears, prior to taking action on an
application, that the claim is one for which compensation is
probable, and undue hardship will result to the applicant if
immediate payment is not made, the Attorney General may
recommend and the Court may make an emergency award of
compensation to the applicant, pending a final decision in the
case, provided the amount of emergency compensation does not
exceed $2,000. Emergency awards may be issued to the applicant
for the purpose of paying funeral and burial expenses directly
to a funeral home and for relocation expenses incurred by an
applicant. The amount of emergency compensation shall be
deducted from any final award made as a result of the claim.
The full amount of the emergency award if no final award is
made shall be repaid by the applicant to the State of Illinois.
    (b) Emergency award applicants must satisfy all
requirements under Section 6.1 of this Act.
(Source: P.A. 97-817, eff. 1-1-13.)
 
    (740 ILCS 45/12)  (from Ch. 70, par. 82)
    Sec. 12. No fee may be charged to the applicant in any
proceeding under this Act except as provided in this Act. If
the applicant is represented by counsel or some other duly
authorized agent in making application under this Act or in
any further proceedings provided for in this Act, that counsel
or agent may receive no payment for his or her services in
preparing or presenting the application before the Court of
Claims or the Attorney General. He or she may, however, charge
fees to the applicant for representing him or her at a hearing
provided for in this Act but only in such an amount as the
Court of Claims or the Attorney General determines to be
reasonable.
(Source: P.A. 78-359.)
 
    (740 ILCS 45/12.1)  (from Ch. 70, par. 82.1)
    Sec. 12.1. The Court of Claims may, after without a
hearing, make an award to a person who has filed an application
or any other person it finds is entitled to compensation,
including the guardian or conservator of a minor or
incompetent, based upon the application, the other information
and materials submitted with the application, and the report
of the Attorney General.
(Source: P.A. 81-1013.)
 
    (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
    hearing;
        (2) the Attorney General petitions the Court of Claims
    for a hearing;
        (3) a claim has been disposed of without a hearing 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 order 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.
    (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 a determination of 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
    matter decided after a hearing, if, in reaching its
    decision:
            (A) the court has overlooked, misapplied, or
        failed to consider a statute, decision, or directly
        controlling principle;
            (B) the court has overlooked or misconceived some
        material fact or proposition of law; or
            (C) the court has overlooked or misconceived a
        material question in the case.
        (2) A rehearing may not be granted if it is sought
    merely for the purpose of obtaining a reargument on and
    reconsideration of matters which have already been fully
    considered by the court.
        (3) The petition shall specify which of the grounds 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.
(Source: P.A. 97-817, eff. 1-1-13.)
 
    (740 ILCS 45/15)  (from Ch. 70, par. 85)
    Sec. 15. At When disposition is made without a hearing or
at the conclusion of a hearing held under this Act, the Court
of Claims shall enter an order stating (1) its findings of
fact, (2) its decision as to whether or not compensation is due
under this Act, (3) the amount of compensation, if any, which
is due under this Act, (4) whether disbursement of the
compensation awarded is to be made in a lump sum or in periodic
payments, and (5) the person or persons to whom the
compensation should be paid.
(Source: P.A. 81-1013.)
 
    (740 ILCS 45/16)  (from Ch. 70, par. 86)
    Sec. 16. The Court of Claims, on its own motion or upon the
written request of any applicant, may modify an award of
compensation made under this Act or reconsider a denial of
compensation. No hearing need be held, however, unless the
written request states facts which were not known to the
applicant or by the exercise of reasonable diligence could not
have been ascertained by him or her at the time of the entry of
the order or determination sought to be modified and which
would have directly affected the determination of whether or
not compensation should be awarded and, if so, the amount of
that compensation.
(Source: P.A. 81-1013.)
 
    (740 ILCS 45/18)  (from Ch. 70, par. 88)
    Sec. 18. Claims against awards.
    (a) An award is not subject to enforcement, attachment,
garnishment, or other process, except that an award is not
exempt from a claim of a creditor to the extent that he or she
provided products, services, or accommodations the costs of
which are included in the award.
    (b) An assignment or agreement to assign a right to
compensation for loss accruing in the future is unenforceable,
except:
        (1) an assignment of a right to compensation for work
    loss to secure payment of maintenance or child support; or
        (2) an assignment of a right to compensation to the
    extent of the cost of products, services, or
    accommodations necessitated by the injury or death on
    which the claim is based and are provided or to be provided
    by the assignee.
    (c) The Attorney General may determine or the court may
order that all or a portion of an award be paid jointly to the
applicant and another person or solely and directly to another
person to the extent that such other person has provided
products, services or accommodations, the costs of which are
included in the award, or to another person to the extent that
such other person paid or became obligated to pay expenses
incurred by the victim or applicant.
    (d) If an award under subsection (c) of this Section is
offset by the Comptroller, pursuant to the Uncollected State
Claims Act, the intended individual or entity must credit the
applicant's or victim's account for the amount ordered by the
Court of Claims, and the intended individual or entity is
prohibited from pursuing payment from the applicant or victim
for any portion that is offset. The Comptroller shall provide
notice as provided in Section 10.05 of the State Comptroller
Act.
(Source: P.A. 97-817, eff. 1-1-13.)
 
    (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 an order of 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
    Court of Claims for notification of the Attorney General's
    Court's decision involving a related debt. The Attorney
    General Court of Claims shall provide notification of
    payment or denial of payment within 30 days of its
    decision;
        (2) submit a bill for a related debt to the Office of
    the Attorney General; and
        (3) contact the Office of the Attorney General to
    inquire about the status of the claim.
    (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
    or an applicant as defined in this Act.
        (2) "Debt collection activities" means:
            (A) communicating with, harassing, or 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;
            (B) contacting a credit ratings agency or
        distributing information to affect the crime victim's
        credit rating as a result of the related debt;
            (C) referring a bill, or portion thereof, to a
        collection agency or attorney for collection action
        against the crime victim; or
            (D) taking any other action adverse to the crime
        victim or his or her family on account of the related
        debt.
        "Debt collection activities" does not include billing
    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.
        (3) "Related debt" means a debt or expense for
    hospital, medical, dental, or counseling services incurred
    by or on behalf of a crime victim as a direct result of the
    crime.
        (4) "Vendor" includes persons, providers of service,
    vendors' agents, debt collection agencies, and attorneys
    hired by a vendor.
(Source: P.A. 99-444, eff. 1-1-16.)
 
    (740 ILCS 45/20)  (from Ch. 70, par. 90)
    Sec. 20. (a) In addition to any other civil liability or
criminal penalties provided by law, a person who the Court of
Claims or the Attorney General finds has willfully misstated
or omitted facts relevant to the determination of whether
compensation is due under this Act or of the amount of that
compensation, whether in making application for compensation
or in the further proceedings provided for in this Act, shall
be denied compensation under this Act.
    (b) A person who is convicted of having willfully
misstated or omitted facts relevant to the determination of
whether compensation is due under this Act or of the amount of
that compensation, whether in making application for
compensation or in the further proceedings provided for in
this Act, shall be guilty of a Class A misdemeanor.
(Source: P.A. 81-1013.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except for Section 10 which takes effect January
1, 2022.

Effective Date: 6/25/2021