Illinois 2023-2024 Regular Session

Illinois House Bill HB5579 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5579 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: 740 ILCS 45/6.1 from Ch. 70, par. 76.1 Amends the Crime Victims Compensation Act. Deletes the requirement that the victim must report the crime within certain time periods for certain crimes to be eligible to apply for an award under this Act. LRB103 38148 JRC 68281 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5579 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: 740 ILCS 45/6.1 from Ch. 70, par. 76.1 740 ILCS 45/6.1 from Ch. 70, par. 76.1 Amends the Crime Victims Compensation Act. Deletes the requirement that the victim must report the crime within certain time periods for certain crimes to be eligible to apply for an award under this Act. LRB103 38148 JRC 68281 b LRB103 38148 JRC 68281 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5579 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
3	3	740 ILCS 45/6.1 from Ch. 70, par. 76.1 740 ILCS 45/6.1 from Ch. 70, par. 76.1
4	4	740 ILCS 45/6.1 from Ch. 70, par. 76.1
5	5	Amends the Crime Victims Compensation Act. Deletes the requirement that the victim must report the crime within certain time periods for certain crimes to be eligible to apply for an award under this Act.
6	6	LRB103 38148 JRC 68281 b LRB103 38148 JRC 68281 b
7	7	LRB103 38148 JRC 68281 b
8	8	A BILL FOR
9	9	HB5579LRB103 38148 JRC 68281 b HB5579 LRB103 38148 JRC 68281 b
10	10	HB5579 LRB103 38148 JRC 68281 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Crime Victims Compensation Act is amended
15	15	5 by changing Section 6.1 as follows:
16	16	6 (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
17	17	7 Sec. 6.1. Right to compensation. A person is entitled to
18	18	8 compensation under this Act if:
19	19	9 (a) Within 5 years of the occurrence of the crime, or
20	20	10 within one year after a criminal charge of a person for an
21	21	11 offense, upon which the claim is based, the applicant
22	22	12 presents an application, under oath, to the Attorney
23	23	13 General that is filed with the Court of Claims and on a
24	24	14 form prescribed in accordance with Section 7.1 furnished
25	25	15 by the Attorney General. If the person entitled to
26	26	16 compensation is under 18 years of age or under other legal
27	27	17 disability at the time of the occurrence or is determined
28	28	18 by a court to be under a legal disability as a result of
29	29	19 the occurrence, he or she may present the application
30	30	20 required by this subsection within 3 years after he or she
31	31	21 attains the age of 18 years or the disability is removed,
32	32	22 as the case may be. Legal disability includes a diagnosis
33	33	23 of posttraumatic stress disorder.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5579 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
38	38	740 ILCS 45/6.1 from Ch. 70, par. 76.1 740 ILCS 45/6.1 from Ch. 70, par. 76.1
39	39	740 ILCS 45/6.1 from Ch. 70, par. 76.1
40	40	Amends the Crime Victims Compensation Act. Deletes the requirement that the victim must report the crime within certain time periods for certain crimes to be eligible to apply for an award under this Act.
41	41	LRB103 38148 JRC 68281 b LRB103 38148 JRC 68281 b
42	42	LRB103 38148 JRC 68281 b
43	43	A BILL FOR
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49	49	740 ILCS 45/6.1 from Ch. 70, par. 76.1
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68	68	1 (a-1) The Attorney General and the Court of Claims may
69	69	2 accept an application presented after the period provided
70	70	3 in subsection (a) if the Attorney General determines that
71	71	4 the applicant had good cause for a delay.
72	72	5 (b) (Blank). For all crimes of violence, except those
73	73	6 listed in subsection (b-1) of this Section, the
74	74	7 appropriate law enforcement officials were notified within
75	75	8 72 hours of the perpetration of the crime allegedly
76	76	9 causing the death or injury to the victim or, in the event
77	77	10 such notification was made more than 72 hours after the
78	78	11 perpetration of the crime, the applicant establishes that
79	79	12 such notice was timely under the circumstances.
80	80	13 (b-1) (Blank). For victims of offenses defined in
81	81	14 Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
82	82	15 11-1.60, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the
83	83	16 Criminal Code of 1961 or the Criminal Code of 2012, the
84	84	17 appropriate law enforcement officials were notified within
85	85	18 7 days of the perpetration of the crime allegedly causing
86	86	19 death or injury to the victim or, in the event that the
87	87	20 notification was made more than 7 days after the
88	88	21 perpetration of the crime, the applicant establishes that
89	89	22 the notice was timely under the circumstances. If the
90	90	23 applicant or victim has obtained an order of protection, a
91	91	24 civil no contact order, or a stalking no contact order,
92	92	25 has presented himself or herself to a hospital for medical
93	93	26 care or sexual assault evidence collection, or is engaged
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104	104	1 in a legal proceeding involving a claim that the applicant
105	105	2 or victim is a victim of human trafficking, such action
106	106	3 shall constitute appropriate notification under this
107	107	4 subsection (b-1) or subsection (b) of this Section.
108	108	5 (c) The applicant has cooperated with law enforcement
109	109	6 officials in the apprehension and prosecution of the
110	110	7 assailant. If the applicant or victim has obtained an
111	111	8 order of protection, a civil no contact order, or a
112	112	9 stalking no contact order, has presented himself or
113	113	10 herself to a hospital for medical care or sexual assault
114	114	11 evidence collection, or is engaged in a legal proceeding
115	115	12 involving a claim that the applicant or victim is a victim
116	116	13 of human trafficking, such action shall constitute
117	117	14 cooperation under this subsection (c). If the victim is
118	118	15 under 18 years of age at the time of the commission of the
119	119	16 offense, the following shall constitute cooperation under
120	120	17 this subsection (c):
121	121	18 (1) the applicant or the victim files a police
122	122	19 report with a law enforcement agency;
123	123	20 (2) a mandated reporter reports the crime to law
124	124	21 enforcement; or
125	125	22 (3) a person with firsthand knowledge of the crime
126	126	23 reports the crime to law enforcement.
127	127	24 (d) The applicant is not the offender or an accomplice
128	128	25 of the offender and the award would not unjustly benefit
129	129	26 the offender or his accomplice.
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