IL
Illinois Senate Bill SB3713

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3713 Compare Versions

OldNewDifferences
1-Public Act 103-1037
21 SB3713 EnrolledLRB103 37601 JRC 67727 b SB3713 Enrolled LRB103 37601 JRC 67727 b
32 SB3713 Enrolled LRB103 37601 JRC 67727 b
4-AN ACT concerning civil law.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Juvenile Court Act of 1987 is amended by
8-changing Section 5-905 as follows:
9-(705 ILCS 405/5-905)
10-Sec. 5-905. Law enforcement records.
11-(1) Law Enforcement Records. Inspection and copying of law
12-enforcement records maintained by law enforcement agencies
13-that relate to a minor who has been investigated, arrested, or
14-taken into custody before the minor's 18th birthday shall be
15-restricted to the following and when necessary for the
16-discharge of their official duties:
17-(a) A judge of the circuit court and members of the
18-staff of the court designated by the judge;
19-(b) Law enforcement officers, probation officers or
20-prosecutors or their staff, or, when necessary for the
21-discharge of its official duties in connection with a
22-particular investigation of the conduct of a law
23-enforcement officer, an independent agency or its staff
24-created by ordinance and charged by a unit of local
25-government with the duty of investigating the conduct of
26-law enforcement officers;
3+1 AN ACT concerning civil law.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Juvenile Court Act of 1987 is amended by
7+5 changing Section 5-905 as follows:
8+6 (705 ILCS 405/5-905)
9+7 Sec. 5-905. Law enforcement records.
10+8 (1) Law Enforcement Records. Inspection and copying of law
11+9 enforcement records maintained by law enforcement agencies
12+10 that relate to a minor who has been investigated, arrested, or
13+11 taken into custody before the minor's 18th birthday shall be
14+12 restricted to the following and when necessary for the
15+13 discharge of their official duties:
16+14 (a) A judge of the circuit court and members of the
17+15 staff of the court designated by the judge;
18+16 (b) Law enforcement officers, probation officers or
19+17 prosecutors or their staff, or, when necessary for the
20+18 discharge of its official duties in connection with a
21+19 particular investigation of the conduct of a law
22+20 enforcement officer, an independent agency or its staff
23+21 created by ordinance and charged by a unit of local
24+22 government with the duty of investigating the conduct of
25+23 law enforcement officers;
2726
2827
2928
3029 SB3713 Enrolled LRB103 37601 JRC 67727 b
3130
3231
33-(c) The minor, the minor's parents or legal guardian
34-and their attorneys, but only when the juvenile has been
35-charged with an offense;
36-(d) Adult and Juvenile Prisoner Review Boards;
37-(e) Authorized military personnel;
38-(f) Persons engaged in bona fide research, with the
39-permission of the judge of juvenile court and the chief
40-executive of the agency that prepared the particular
41-recording: provided that publication of such research
42-results in no disclosure of a minor's identity and
43-protects the confidentiality of the record;
44-(g) Individuals responsible for supervising or
45-providing temporary or permanent care and custody of
46-minors pursuant to orders of the juvenile court or
47-directives from officials of the Department of Children
48-and Family Services or the Department of Human Services
49-who certify in writing that the information will not be
50-disclosed to any other party except as provided under law
51-or order of court;
52-(h) The appropriate school official only if the agency
53-or officer believes that there is an imminent threat of
54-physical harm to students, school personnel, or others who
55-are present in the school or on school grounds.
56-(A) Inspection and copying shall be limited to
57-law enforcement records transmitted to the appropriate
58-school official or officials whom the school has
32+SB3713 Enrolled- 2 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 2 - LRB103 37601 JRC 67727 b
33+ SB3713 Enrolled - 2 - LRB103 37601 JRC 67727 b
34+1 (c) The minor, the minor's parents or legal guardian
35+2 and their attorneys, but only when the juvenile has been
36+3 charged with an offense;
37+4 (d) Adult and Juvenile Prisoner Review Boards;
38+5 (e) Authorized military personnel;
39+6 (f) Persons engaged in bona fide research, with the
40+7 permission of the judge of juvenile court and the chief
41+8 executive of the agency that prepared the particular
42+9 recording: provided that publication of such research
43+10 results in no disclosure of a minor's identity and
44+11 protects the confidentiality of the record;
45+12 (g) Individuals responsible for supervising or
46+13 providing temporary or permanent care and custody of
47+14 minors pursuant to orders of the juvenile court or
48+15 directives from officials of the Department of Children
49+16 and Family Services or the Department of Human Services
50+17 who certify in writing that the information will not be
51+18 disclosed to any other party except as provided under law
52+19 or order of court;
53+20 (h) The appropriate school official only if the agency
54+21 or officer believes that there is an imminent threat of
55+22 physical harm to students, school personnel, or others who
56+23 are present in the school or on school grounds.
57+24 (A) Inspection and copying shall be limited to
58+25 law enforcement records transmitted to the appropriate
59+26 school official or officials whom the school has
5960
6061
61-determined to have a legitimate educational or safety
62-interest by a local law enforcement agency under a
63-reciprocal reporting system established and maintained
64-between the school district and the local law
65-enforcement agency under Section 10-20.14 of the
66-School Code concerning a minor enrolled in a school
67-within the school district who has been arrested or
68-taken into custody for any of the following offenses:
69-(i) any violation of Article 24 of the
70-Criminal Code of 1961 or the Criminal Code of
71-2012;
72-(ii) a violation of the Illinois Controlled
73-Substances Act;
74-(iii) a violation of the Cannabis Control Act;
75-(iv) a forcible felony as defined in Section
76-2-8 of the Criminal Code of 1961 or the Criminal
77-Code of 2012;
78-(v) a violation of the Methamphetamine Control
79-and Community Protection Act;
80-(vi) a violation of Section 1-2 of the
81-Harassing and Obscene Communications Act;
82-(vii) a violation of the Hazing Act; or
83-(viii) a violation of Section 12-1, 12-2,
84-12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
85-12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
86-Criminal Code of 1961 or the Criminal Code of
8762
8863
89-2012.
90-The information derived from the law enforcement
91-records shall be kept separate from and shall not
92-become a part of the official school record of that
93-child and shall not be a public record. The
94-information shall be used solely by the appropriate
95-school official or officials whom the school has
96-determined to have a legitimate educational or safety
97-interest to aid in the proper rehabilitation of the
98-child and to protect the safety of students and
99-employees in the school. If the designated law
100-enforcement and school officials deem it to be in the
101-best interest of the minor, the student may be
102-referred to in-school or community based social
103-services if those services are available.
104-"Rehabilitation services" may include interventions by
105-school support personnel, evaluation for eligibility
106-for special education, referrals to community-based
107-agencies such as youth services, behavioral healthcare
108-service providers, drug and alcohol prevention or
109-treatment programs, and other interventions as deemed
110-appropriate for the student.
111-(B) Any information provided to appropriate school
112-officials whom the school has determined to have a
113-legitimate educational or safety interest by local law
114-enforcement officials about a minor who is the subject
64+
65+ SB3713 Enrolled - 2 - LRB103 37601 JRC 67727 b
11566
11667
117-of a current police investigation that is directly
118-related to school safety shall consist of oral
119-information only, and not written law enforcement
120-records, and shall be used solely by the appropriate
121-school official or officials to protect the safety of
122-students and employees in the school and aid in the
123-proper rehabilitation of the child. The information
124-derived orally from the local law enforcement
125-officials shall be kept separate from and shall not
126-become a part of the official school record of the
127-child and shall not be a public record. This
128-limitation on the use of information about a minor who
129-is the subject of a current police investigation shall
130-in no way limit the use of this information by
131-prosecutors in pursuing criminal charges arising out
132-of the information disclosed during a police
133-investigation of the minor. For purposes of this
134-paragraph, "investigation" means an official
135-systematic inquiry by a law enforcement agency into
136-actual or suspected criminal activity;
137-(i) The president of a park district. Inspection and
138-copying shall be limited to law enforcement records
139-transmitted to the president of the park district by the
140-Illinois State Police under Section 8-23 of the Park
141-District Code or Section 16a-5 of the Chicago Park
142-District Act concerning a person who is seeking employment
68+SB3713 Enrolled- 3 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 3 - LRB103 37601 JRC 67727 b
69+ SB3713 Enrolled - 3 - LRB103 37601 JRC 67727 b
70+1 determined to have a legitimate educational or safety
71+2 interest by a local law enforcement agency under a
72+3 reciprocal reporting system established and maintained
73+4 between the school district and the local law
74+5 enforcement agency under Section 10-20.14 of the
75+6 School Code concerning a minor enrolled in a school
76+7 within the school district who has been arrested or
77+8 taken into custody for any of the following offenses:
78+9 (i) any violation of Article 24 of the
79+10 Criminal Code of 1961 or the Criminal Code of
80+11 2012;
81+12 (ii) a violation of the Illinois Controlled
82+13 Substances Act;
83+14 (iii) a violation of the Cannabis Control Act;
84+15 (iv) a forcible felony as defined in Section
85+16 2-8 of the Criminal Code of 1961 or the Criminal
86+17 Code of 2012;
87+18 (v) a violation of the Methamphetamine Control
88+19 and Community Protection Act;
89+20 (vi) a violation of Section 1-2 of the
90+21 Harassing and Obscene Communications Act;
91+22 (vii) a violation of the Hazing Act; or
92+23 (viii) a violation of Section 12-1, 12-2,
93+24 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
94+25 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
95+26 Criminal Code of 1961 or the Criminal Code of
14396
14497
145-with that park district and who has been adjudicated a
146-juvenile delinquent for any of the offenses listed in
147-subsection (c) of Section 8-23 of the Park District Code
148-or subsection (c) of Section 16a-5 of the Chicago Park
149-District Act.
150-(2) Information identifying victims and alleged victims of
151-sex offenses, shall not be disclosed or open to public
152-inspection under any circumstances. Nothing in this Section
153-shall prohibit the victim or alleged victim of any sex offense
154-from voluntarily disclosing this identity.
155-(2.5) If the minor is a victim of aggravated battery,
156-battery, attempted first degree murder, or other non-sexual
157-violent offense, the identity of the victim may be disclosed
158-to appropriate school officials, for the purpose of preventing
159-foreseeable future violence involving minors, by a local law
160-enforcement agency pursuant to an agreement established
161-between the school district and a local law enforcement agency
162-subject to the approval by the presiding judge of the juvenile
163-court.
164-(3) Relevant information, reports and records shall be
165-made available to the Department of Juvenile Justice when a
166-juvenile offender has been placed in the custody of the
167-Department of Juvenile Justice.
168-(4) Nothing in this Section shall prohibit the inspection
169-or disclosure to victims and witnesses of photographs
170-contained in the records of law enforcement agencies when the
17198
17299
173-inspection or disclosure is conducted in the presence of a law
174-enforcement officer for purposes of identification or
175-apprehension of any person in the course of any criminal
176-investigation or prosecution.
177-(5) The records of law enforcement officers, or of an
178-independent agency created by ordinance and charged by a unit
179-of local government with the duty of investigating the conduct
180-of law enforcement officers, concerning all minors under 18
181-years of age must be maintained separate from the records of
182-adults and may not be open to public inspection or their
183-contents disclosed to the public except by order of the court
184-or when the institution of criminal proceedings has been
185-permitted under Section 5-130 or 5-805 or required under
186-Section 5-130 or 5-805 or such a person has been convicted of a
187-crime and is the subject of pre-sentence investigation or when
188-provided by law.
189-(6) Except as otherwise provided in this subsection (6),
190-law enforcement officers, and personnel of an independent
191-agency created by ordinance and charged by a unit of local
192-government with the duty of investigating the conduct of law
193-enforcement officers, may not disclose the identity of any
194-minor in releasing information to the general public as to the
195-arrest, investigation or disposition of any case involving a
196-minor. Any victim or parent or legal guardian of a victim may
197-petition the court to disclose the name and address of the
198-minor and the minor's parents or legal guardian, or both. Upon
100+
101+ SB3713 Enrolled - 3 - LRB103 37601 JRC 67727 b
199102
200103
201-a finding by clear and convincing evidence that the disclosure
202-is either necessary for the victim to pursue a civil remedy
203-against the minor or the minor's parents or legal guardian, or
204-both, or to protect the victim's person or property from the
205-minor, then the court may order the disclosure of the
206-information to the victim or to the parent or legal guardian of
207-the victim only for the purpose of the victim pursuing a civil
208-remedy against the minor or the minor's parents or legal
209-guardian, or both, or to protect the victim's person or
210-property from the minor.
211-(7) Nothing contained in this Section shall prohibit law
212-enforcement agencies when acting in their official capacity
213-from communicating with each other by letter, memorandum,
214-teletype or intelligence alert bulletin or other means the
215-identity or other relevant information pertaining to a person
216-under 18 years of age. The information provided under this
217-subsection (7) shall remain confidential and shall not be
218-publicly disclosed, except as otherwise allowed by law.
219-(8) No person shall disclose information under this
220-Section except when acting in the person's official capacity
221-and as provided by law or order of court.
222-(9) The changes made to this Section by Public Act 98-61
223-apply to law enforcement records of a minor who has been
224-arrested or taken into custody on or after January 1, 2014 (the
225-effective date of Public Act 98-61).
226-(10) Nothing contained in this Section shall prohibit law
104+SB3713 Enrolled- 4 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 4 - LRB103 37601 JRC 67727 b
105+ SB3713 Enrolled - 4 - LRB103 37601 JRC 67727 b
106+1 2012.
107+2 The information derived from the law enforcement
108+3 records shall be kept separate from and shall not
109+4 become a part of the official school record of that
110+5 child and shall not be a public record. The
111+6 information shall be used solely by the appropriate
112+7 school official or officials whom the school has
113+8 determined to have a legitimate educational or safety
114+9 interest to aid in the proper rehabilitation of the
115+10 child and to protect the safety of students and
116+11 employees in the school. If the designated law
117+12 enforcement and school officials deem it to be in the
118+13 best interest of the minor, the student may be
119+14 referred to in-school or community based social
120+15 services if those services are available.
121+16 "Rehabilitation services" may include interventions by
122+17 school support personnel, evaluation for eligibility
123+18 for special education, referrals to community-based
124+19 agencies such as youth services, behavioral healthcare
125+20 service providers, drug and alcohol prevention or
126+21 treatment programs, and other interventions as deemed
127+22 appropriate for the student.
128+23 (B) Any information provided to appropriate school
129+24 officials whom the school has determined to have a
130+25 legitimate educational or safety interest by local law
131+26 enforcement officials about a minor who is the subject
227132
228133
229-enforcement agencies from disclosing law enforcement reports
230-and records to the Attorney General for the purposes of
231-complying with the Crime Victims Compensation Act.
232-(Source: P.A. 103-22, eff. 8-8-23.)
233-Section 10. The Crime Victims Compensation Act is amended
234-by changing Sections 2, 2.5, 4.1, 4.2, 5.1, 6.1, 7.1, 8.1,
235-10.1, and 18.5 as follows:
236-(740 ILCS 45/2)
237-Sec. 2. Definitions. As used in this Act, unless the
238-context otherwise requires:
239-(a) "Applicant" means any of the following claiming
240-compensation under this Act: a victim, a person who was a
241-dependent of a deceased victim of a crime of violence for the
242-person's support at the time of the death of that victim, a
243-person who legally assumes the obligation or who voluntarily
244-pays the medical or the funeral or burial expenses incurred as
245-a direct result of the crime, and any other person the Court of
246-Claims or the Attorney General finds is entitled to
247-compensation, including the guardian of a minor or of a person
248-under legal disability.
249-(1) A victim.
250-(2) If the victim was a guardian or primary caregiver
251-to an adult who is physically or mentally incapacitated,
252-that adult who is physically or mentally incapacitated.
253134
254135
255-(3) A guardian of a minor or of a person under legal
256-disability.
257-(4) A person who, at the time the crime occurred,
258-resided in the same dwelling as the victim, solely for the
259-purpose of compensating for any of the following:
260-(A) Pecuniary loss incurred for psychological
261-treatment of a mental or emotional condition caused or
262-aggravated by the crime.
263-(B) Loss of earnings under paragraph (14.5) of
264-subsection (h) for time off from work necessary to
265-provide full time care for the injured victim.
266-(C) Relocation expenses.
267-(5) A person who assumes a legal obligation or
268-voluntarily pays for a victim's medical or funeral or
269-burial expenses.
270-(6) Any other person the Court of Claims or the
271-Attorney General finds is entitled to compensation.
272-The changes made to this subsection by Public Act 101-652
273-apply to actions commenced or pending on or after January 1,
274-2022.
275-(b) "Court of Claims" means the Court of Claims created by
276-the Court of Claims Act.
277-(c) "Crime of violence" means and includes any offense
278-defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
279-10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
280-11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
136+
137+ SB3713 Enrolled - 4 - LRB103 37601 JRC 67727 b
281138
282139
283-12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-3.4,
284-12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4,
285-12-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or
286-20-1.1, or Section 12-3.05 except for subdivision (a)(4) or
287-(g)(1), or subdivision (a)(4) of Section 11-14.4, of the
288-Criminal Code of 1961 or the Criminal Code of 2012, Sections
289-1(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of
290-the Stalking No Contact Order Act, Section 219 of the Civil No
291-Contact Order Act, driving under the influence as defined in
292-Section 11-501 of the Illinois Vehicle Code, a violation of
293-Section 11-401 of the Illinois Vehicle Code, provided the
294-victim was a pedestrian or was operating a vehicle moved
295-solely by human power or a mobility device at the time of
296-contact, and a violation of Section 11-204.1 of the Illinois
297-Vehicle Code; so long as the offense did not occur during a
298-civil riot, insurrection or rebellion. "Crime of violence"
299-does not include any other offense or crash involving a motor
300-vehicle except those vehicle offenses specifically provided
301-for in this paragraph. "Crime of violence" does include all of
302-the offenses specifically provided for in this paragraph that
303-occur within this State but are subject to federal
304-jurisdiction and crimes involving terrorism as defined in 18
305-U.S.C. 2331.
306-(d) "Victim" means (1) a person killed or injured in this
307-State as a result of a crime of violence perpetrated or
308-attempted against him or her, (2) the spouse, parent, or child
140+SB3713 Enrolled- 5 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 5 - LRB103 37601 JRC 67727 b
141+ SB3713 Enrolled - 5 - LRB103 37601 JRC 67727 b
142+1 of a current police investigation that is directly
143+2 related to school safety shall consist of oral
144+3 information only, and not written law enforcement
145+4 records, and shall be used solely by the appropriate
146+5 school official or officials to protect the safety of
147+6 students and employees in the school and aid in the
148+7 proper rehabilitation of the child. The information
149+8 derived orally from the local law enforcement
150+9 officials shall be kept separate from and shall not
151+10 become a part of the official school record of the
152+11 child and shall not be a public record. This
153+12 limitation on the use of information about a minor who
154+13 is the subject of a current police investigation shall
155+14 in no way limit the use of this information by
156+15 prosecutors in pursuing criminal charges arising out
157+16 of the information disclosed during a police
158+17 investigation of the minor. For purposes of this
159+18 paragraph, "investigation" means an official
160+19 systematic inquiry by a law enforcement agency into
161+20 actual or suspected criminal activity;
162+21 (i) The president of a park district. Inspection and
163+22 copying shall be limited to law enforcement records
164+23 transmitted to the president of the park district by the
165+24 Illinois State Police under Section 8-23 of the Park
166+25 District Code or Section 16a-5 of the Chicago Park
167+26 District Act concerning a person who is seeking employment
309168
310169
311-of a person killed or injured in this State as a result of a
312-crime of violence perpetrated or attempted against the person,
313-or anyone living in the dwelling household of a person killed
314-or injured in a relationship that is substantially similar to
315-that of a parent, spouse, or child, (3) a person killed or
316-injured in this State while attempting to assist a person
317-against whom a crime of violence is being perpetrated or
318-attempted, if that attempt of assistance would be expected of
319-a reasonable person under the circumstances, (4) a person
320-killed or injured in this State while assisting a law
321-enforcement official apprehend a person who has perpetrated a
322-crime of violence or prevent the perpetration of any such
323-crime if that assistance was in response to the express
324-request of the law enforcement official, (5) a person who
325-personally witnessed a violent crime, (5.05) a person who will
326-be called as a witness by the prosecution to establish a
327-necessary nexus between the offender and the violent crime,
328-(5.1) solely for the purpose of compensating for pecuniary
329-loss incurred for psychological treatment of a mental or
330-emotional condition caused or aggravated by the crime, any
331-other person under the age of 18 who is the grandparent,
332-grandchild, brother, sister, half brother, or half sister of a
333-person killed or injured in this State as a result of a crime
334-of violence, applying solely for the purpose of compensating
335-for pecuniary loss incurred for psychological treatment of a
336-mental or emotional condition caused or aggravated by the
337170
338171
339-crime, loss of earnings under paragraph (14.5) of subsection
340-(h) for time off from work necessary to provide full time care
341-for the injured victim, or relocation if the crime occurred
342-within the dwelling of the applicant, (5.2) any person who was
343-in a dating relationship with a person killed in this State as
344-a result of a crime of violence, solely for the purpose of
345-compensating for pecuniary loss incurred for psychological
346-treatment of a mental or emotional condition caused or
347-aggravated by the crime, (6) an Illinois resident who is a
348-victim of a "crime of violence" as defined in this Act except,
349-if the crime occurred outside this State, the resident has the
350-same rights under this Act as if the crime had occurred in this
351-State upon a showing that the state, territory, country, or
352-political subdivision of a country in which the crime occurred
353-does not have a compensation of victims of crimes law for which
354-that Illinois resident is eligible, (7) the parent, spouse, or
355-child of a deceased person whose body is dismembered or whose
356-remains are desecrated as the result of a crime of violence, or
357-(8) (blank), or (9) an individual who is injured or killed in
358-an incident in which a law enforcement officer's use of force
359-caused bodily harm or death to that individual.
360-(e) "Dependent" means a relative of a deceased victim who
361-was wholly or partially dependent upon the victim's income at
362-the time of his or her death and shall include the child of a
363-victim born after his or her death.
364-(f) "Relative" means a spouse, parent, grandparent,
172+
173+ SB3713 Enrolled - 5 - LRB103 37601 JRC 67727 b
365174
366175
367-stepfather, stepmother, child, grandchild, brother,
368-brother-in-law, sister, sister-in-law, half brother, half
369-sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
370-living in the dwelling household of a person killed or injured
371-in a relationship that is substantially similar to that of a
372-parent, spouse, or child.
373-(g) "Child" means a son or daughter and includes a
374-stepchild, an adopted child or a child born out of wedlock.
375-(h) "Pecuniary loss" means:
376-(1) in the case of injury, appropriate medical
377-expenses and hospital expenses including expenses of
378-medical examinations, rehabilitation, medically required
379-nursing care expenses, appropriate psychiatric care or
380-psychiatric counseling expenses, appropriate expenses for
381-care or counseling by a licensed clinical psychologist,
382-licensed clinical social worker, licensed professional
383-counselor, or licensed clinical professional counselor and
384-expenses for treatment by Christian Science practitioners
385-and nursing care appropriate thereto;
386-(2) transportation expenses to and from medical and
387-counseling treatment facilities;
388-(3) prosthetic appliances, eyeglasses, and hearing
389-aids necessary or damaged as a result of the crime;
390-(4) expenses incurred for the towing and storage of a
391-victim's vehicle in connection with a crime of violence,
392-to a maximum of $1,000;
176+SB3713 Enrolled- 6 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 6 - LRB103 37601 JRC 67727 b
177+ SB3713 Enrolled - 6 - LRB103 37601 JRC 67727 b
178+1 with that park district and who has been adjudicated a
179+2 juvenile delinquent for any of the offenses listed in
180+3 subsection (c) of Section 8-23 of the Park District Code
181+4 or subsection (c) of Section 16a-5 of the Chicago Park
182+5 District Act.
183+6 (2) Information identifying victims and alleged victims of
184+7 sex offenses, shall not be disclosed or open to public
185+8 inspection under any circumstances. Nothing in this Section
186+9 shall prohibit the victim or alleged victim of any sex offense
187+10 from voluntarily disclosing this identity.
188+11 (2.5) If the minor is a victim of aggravated battery,
189+12 battery, attempted first degree murder, or other non-sexual
190+13 violent offense, the identity of the victim may be disclosed
191+14 to appropriate school officials, for the purpose of preventing
192+15 foreseeable future violence involving minors, by a local law
193+16 enforcement agency pursuant to an agreement established
194+17 between the school district and a local law enforcement agency
195+18 subject to the approval by the presiding judge of the juvenile
196+19 court.
197+20 (3) Relevant information, reports and records shall be
198+21 made available to the Department of Juvenile Justice when a
199+22 juvenile offender has been placed in the custody of the
200+23 Department of Juvenile Justice.
201+24 (4) Nothing in this Section shall prohibit the inspection
202+25 or disclosure to victims and witnesses of photographs
203+26 contained in the records of law enforcement agencies when the
393204
394205
395-(5) costs associated with trafficking tattoo removal
396-by a person authorized or licensed to perform the specific
397-removal procedure; for victims of offenses defined in
398-Section 10-9 of the Criminal Code of 2012, the victim
399-shall submit a statement under oath on a form prescribed
400-by the Attorney General attesting that the removed tattoo
401-was applied in connection with the commission of the
402-offense;
403-(6) replacement costs for clothing and bedding used as
404-evidence;
405-(7) costs associated with temporary lodging or
406-relocation necessary as a result of the crime, including,
407-but not limited to, the first 2 months' rent and security
408-deposit of the dwelling that the claimant relocated to and
409-other reasonable relocation expenses incurred as a result
410-of the violent crime;
411-(8) locks, doors, or windows necessary or damaged as a
412-result of the crime;
413-(9) the purchase, lease, or rental of equipment
414-necessary to create usability of and accessibility to the
415-victim's real and personal property, or the real and
416-personal property which is used by the victim, necessary
417-as a result of the crime; "real and personal property"
418-includes, but is not limited to, vehicles, houses,
419-apartments, townhouses, or condominiums;
420-(10) the costs of appropriate crime scene clean-up;
421206
422207
423-(11) replacement services loss, to a maximum of $1,250
424-per month, with this amount to be divided in proportion to
425-the amount of the actual loss among those entitled to
426-compensation;
427-(12) dependents replacement services loss, to a
428-maximum of $1,250 per month, with this amount to be
429-divided in proportion to the amount of the actual loss
430-among those entitled to compensation;
431-(13) loss of tuition paid to attend grammar school or
432-high school when the victim had been enrolled as a student
433-prior to the injury, or college or graduate school when
434-the victim had been enrolled as a day or night student
435-prior to the injury when the victim becomes unable to
436-continue attendance at school as a result of the crime of
437-violence perpetrated against him or her;
438-(14) loss of earnings, loss of future earnings because
439-of disability resulting from the injury. Loss of future
440-earnings shall be reduced by any income from substitute
441-work actually performed by the victim or by income the
442-victim would have earned in available appropriate
443-substitute work the victim was capable of performing but
444-unreasonably failed to undertake; loss of earnings and
445-loss of future earnings shall be determined on the basis
446-of the victim's average net monthly earnings for the 6
447-months immediately preceding the date of the injury or on
448-$2,400 per month, whichever is less, or, in cases where
208+
209+ SB3713 Enrolled - 6 - LRB103 37601 JRC 67727 b
449210
450211
451-the absences commenced more than 3 years from the date of
452-the crime, on the basis of the net monthly earnings for the
453-6 months immediately preceding the date of the first
454-absence, not to exceed $2,400 per month;
455-(14.5) loss of earnings for applicants or loss of
456-future earnings for applicants. The applicant must
457-demonstrate that the loss of earnings is a direct result
458-of circumstances attributed to the crime including, but
459-not limited to, court appearances, funeral preparation and
460-bereavement, receipt of medical or psychological care;
461-loss of earnings and loss of future earnings shall be
462-determined on the basis of the applicant's average net
463-monthly earnings for the 6 months immediately preceding
464-the date of the injury or on $2,400 per month, whichever is
465-less, or, in cases where the absences commenced more than
466-3 years from the date of the crime, on the basis of the net
467-monthly earnings for the 6 months immediately preceding
468-the date of the first absence, not to exceed $2,400 per
469-month;
470-(15) loss of support of the dependents of the victim.
471-Loss of support shall be determined on the basis of the
472-victim's average net monthly earnings for the 6 months
473-immediately preceding the date of the injury or on $2,400
474-per month, whichever is less, or, in cases where the
475-absences commenced more than 3 years from the date of the
476-crime, on the basis of the net monthly earnings for the 6
212+SB3713 Enrolled- 7 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 7 - LRB103 37601 JRC 67727 b
213+ SB3713 Enrolled - 7 - LRB103 37601 JRC 67727 b
214+1 inspection or disclosure is conducted in the presence of a law
215+2 enforcement officer for purposes of identification or
216+3 apprehension of any person in the course of any criminal
217+4 investigation or prosecution.
218+5 (5) The records of law enforcement officers, or of an
219+6 independent agency created by ordinance and charged by a unit
220+7 of local government with the duty of investigating the conduct
221+8 of law enforcement officers, concerning all minors under 18
222+9 years of age must be maintained separate from the records of
223+10 adults and may not be open to public inspection or their
224+11 contents disclosed to the public except by order of the court
225+12 or when the institution of criminal proceedings has been
226+13 permitted under Section 5-130 or 5-805 or required under
227+14 Section 5-130 or 5-805 or such a person has been convicted of a
228+15 crime and is the subject of pre-sentence investigation or when
229+16 provided by law.
230+17 (6) Except as otherwise provided in this subsection (6),
231+18 law enforcement officers, and personnel of an independent
232+19 agency created by ordinance and charged by a unit of local
233+20 government with the duty of investigating the conduct of law
234+21 enforcement officers, may not disclose the identity of any
235+22 minor in releasing information to the general public as to the
236+23 arrest, investigation or disposition of any case involving a
237+24 minor. Any victim or parent or legal guardian of a victim may
238+25 petition the court to disclose the name and address of the
239+26 minor and the minor's parents or legal guardian, or both. Upon
477240
478241
479-months immediately preceding the date of the first
480-absence, not to exceed $2,400 per month. If a divorced or
481-legally separated applicant is claiming loss of support
482-for a minor child of the deceased, the amount of support
483-for each child shall be based either on the amount of
484-support pursuant to the judgment prior to the date of the
485-deceased victim's injury or death, or, if the subject of
486-pending litigation filed by or on behalf of the divorced
487-or legally separated applicant prior to the injury or
488-death, on the result of that litigation. Loss of support
489-for minors shall be divided in proportion to the amount of
490-the actual loss among those entitled to such compensation;
491-(16) in the case of death, expenses for reasonable
492-funeral, burial, headstone, cremation, and travel and
493-transport for survivors of homicide victims to secure
494-bodies of deceased victims and to transport bodies for
495-burial all of which may be awarded up to a maximum of
496-$10,000 for each victim. Other individuals that have paid
497-or become obligated to pay funeral, cremation, or burial
498-expenses, including a headstone, for the deceased shall
499-share a maximum award of $10,000, with the award divided
500-in proportion to the amount of the actual loss among those
501-entitled to compensation; and
502-(17) in the case of dismemberment or desecration of a
503-body, expenses for reasonable funeral, and burial,
504-headstone, and cremation, all of which may be awarded up
505242
506243
507-to a maximum of $10,000 for each victim. Other individuals
508-that have paid or become obligated to pay funeral,
509-cremation, or burial expenses, including a headstone, for
510-the deceased shall share a maximum award of $10,000, with
511-the award divided in proportion to the amount of the
512-actual loss among those entitled to compensation; and .
513-(19) legal fees resulting from proceedings that became
514-necessary solely because of the crime, including, but not
515-limited to, establishing a legal guardian for the minor
516-victim or the minor child of a victim, or obtaining a
517-restraining order, no contact order, or order of
518-protection, awarded up to a maximum of $3,500.
519-"Pecuniary loss" does not include pain and suffering or
520-property loss or damage.
521-The changes made to this subsection by Public Act 101-652
522-apply to actions commenced or pending on or after January 1,
523-2022.
524-(i) "Replacement services loss" means expenses reasonably
525-incurred in obtaining ordinary and necessary services in lieu
526-of those the injured person would have performed, not for
527-income, but for the benefit of himself or herself or his or her
528-family, if he or she had not been injured.
529-(j) "Dependents replacement services loss" means loss
530-reasonably incurred by dependents or private legal guardians
531-of minor dependents after a victim's death in obtaining
532-ordinary and necessary services in lieu of those the victim
244+
245+ SB3713 Enrolled - 7 - LRB103 37601 JRC 67727 b
533246
534247
535-would have performed, not for income, but for their benefit,
536-if he or she had not been fatally injured.
537-(k) "Survivor" means immediate family including a parent,
538-stepfather, stepmother, child, brother, sister, or spouse.
539-(l) "Parent" means a natural parent, adopted parent,
540-stepparent, or permanent legal guardian of another person.
541-(m) "Trafficking tattoo" is a tattoo which is applied to a
542-victim in connection with the commission of a violation of
543-Section 10-9 of the Criminal Code of 2012.
544-(n) "Dwelling" means a person's primary home. A person may
545-be required to provide verification or proof of residence
546-including, but not limited to, a lease agreement, utility
547-bill, license registration, document showing the mailing
548-address, pay stub, tax form, or notarized statement.
549-(o) "Dating relationship" means a current, continuous,
550-romantic, courtship, or engagement relationship, often
551-characterized by actions of an intimate or sexual nature or an
552-expectation of affection. "Dating relationship" does not
553-include a casual acquaintanceship or ordinary fraternization
554-between persons in a business or social context.
555-(p) "Medical facility" means a facility for the delivery
556-of health services. "Medical facility" includes, but is not
557-limited to, a hospital, public health center, outpatient
558-medical facility, federally qualified health center, migrant
559-health center, community health center, or State correctional
560-institution.
248+SB3713 Enrolled- 8 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 8 - LRB103 37601 JRC 67727 b
249+ SB3713 Enrolled - 8 - LRB103 37601 JRC 67727 b
250+1 a finding by clear and convincing evidence that the disclosure
251+2 is either necessary for the victim to pursue a civil remedy
252+3 against the minor or the minor's parents or legal guardian, or
253+4 both, or to protect the victim's person or property from the
254+5 minor, then the court may order the disclosure of the
255+6 information to the victim or to the parent or legal guardian of
256+7 the victim only for the purpose of the victim pursuing a civil
257+8 remedy against the minor or the minor's parents or legal
258+9 guardian, or both, or to protect the victim's person or
259+10 property from the minor.
260+11 (7) Nothing contained in this Section shall prohibit law
261+12 enforcement agencies when acting in their official capacity
262+13 from communicating with each other by letter, memorandum,
263+14 teletype or intelligence alert bulletin or other means the
264+15 identity or other relevant information pertaining to a person
265+16 under 18 years of age. The information provided under this
266+17 subsection (7) shall remain confidential and shall not be
267+18 publicly disclosed, except as otherwise allowed by law.
268+19 (8) No person shall disclose information under this
269+20 Section except when acting in the person's official capacity
270+21 and as provided by law or order of court.
271+22 (9) The changes made to this Section by Public Act 98-61
272+23 apply to law enforcement records of a minor who has been
273+24 arrested or taken into custody on or after January 1, 2014 (the
274+25 effective date of Public Act 98-61).
275+26 (10) Nothing contained in this Section shall prohibit law
561276
562277
563-(q) "Mental health provider" means a licensed clinical
564-psychologist, a licensed clinical social worker, a licensed
565-professional counselor, or a licensed clinical professional
566-counselor as defined in the Mental Health and Developmental
567-Disabilities Code.
568-(r) "Independent medical evaluation" means an assessment
569-by a mental health provider who is not currently providing
570-treatment to the applicant and will not seek reimbursement
571-from the program for continuing treatment after the
572-assessment. A provider may seek reimbursement for the
573-assessment.
574-(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
575-102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff.
576-11-17-23.)
577-(740 ILCS 45/2.5)
578-Sec. 2.5. Felony status Felon as victim. A victim's
579-criminal history or felony status shall not automatically
580-prevent compensation to that victim or the victim's family. No
581-compensation may be granted to an applicant under this Act
582-while the applicant is held in a correctional institution. An
583-applicant who is held in a correctional institution may apply
584-for assistance under this Act at any time, but no award of
585-compensation may be considered until the applicant meets the
586-requirements of this Section. However, no compensation may be
587-granted to a victim or applicant under this Act while the
588278
589279
590-applicant or victim is held in a correctional institution. For
591-purposes of this Section, the death of a felon who is serving a
592-term of parole, probation, or mandatory supervised release
593-shall be considered a discharge from that sentence.
594-A victim who has been convicted of a felony may apply for
595-assistance under this Act at any time but no award of
596-compensation may be considered until the applicant meets the
597-requirements of this Section.
598-The changes made to this Section by this amendatory Act of
599-the 96th General Assembly apply to actions commenced or
600-pending on or after the effective date of this amendatory Act
601-of the 96th General Assembly.
602-(Source: P.A. 101-652, eff. 7-1-21.)
603-(740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
604-Sec. 4.1. In addition to other powers and duties set forth
605-in this Act and other powers exercised by the Attorney
606-General, the Attorney General shall:
607-(1) investigate all claims and prepare and present an
608-investigatory report and a draft award determination to
609-the Court of Claims for a review period of 28 business
610-days;
611-(2) upon conclusion of the review by the Court of
612-Claims, provide the applicant with a compensation
613-determination letter;
614-(3) prescribe and furnish all applications and other
280+
281+ SB3713 Enrolled - 8 - LRB103 37601 JRC 67727 b
615282
616283
617-forms required to be filed in the office of the Attorney
618-General by the terms of this Act; and
619-(4) represent the interests of the State of Illinois
620-in any hearing before the Court of Claims; and .
621-(5) upon failure to comply with Section 4.2, the
622-Attorney General's office shall have the power to issue
623-subpoenas to compel the production of law enforcement
624-reports maintained by law enforcement agencies.
625-The changes made to this Section by this amendatory Act of
626-the 101st General Assembly apply to actions commenced or
627-pending on or after January 1, 2022.
628-(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
629-(740 ILCS 45/4.2)
630-Sec. 4.2. Cooperation in review of crime victims
631-compensation applications. A law enforcement agency in this
632-State shall, within 15 days of receipt of a written request for
633-a police report made to verify that the requirements of a crime
634-victims compensation application under Section 6.1 of this Act
635-have been met, provide the Attorney General's office with the
636-law enforcement agency's full written report of the
637-investigation of the crime for which an application for
638-compensation has been filed. The law enforcement agency may
639-redact the following from the report: names of confidential
640-sources and informants; locations from which law enforcement
641-conduct surveillance; and information related to issues of
284+SB3713 Enrolled- 9 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 9 - LRB103 37601 JRC 67727 b
285+ SB3713 Enrolled - 9 - LRB103 37601 JRC 67727 b
286+1 enforcement agencies from disclosing law enforcement reports
287+2 and records to the Attorney General for the purposes of
288+3 complying with the Crime Victims Compensation Act.
289+4 (Source: P.A. 103-22, eff. 8-8-23.)
290+5 Section 10. The Crime Victims Compensation Act is amended
291+6 by changing Sections 2, 2.5, 4.1, 4.2, 5.1, 6.1, 7.1, 8.1,
292+7 10.1, and 18.5 as follows:
293+8 (740 ILCS 45/2)
294+9 Sec. 2. Definitions. As used in this Act, unless the
295+10 context otherwise requires:
296+11 (a) "Applicant" means any of the following claiming
297+12 compensation under this Act: a victim, a person who was a
298+13 dependent of a deceased victim of a crime of violence for the
299+14 person's support at the time of the death of that victim, a
300+15 person who legally assumes the obligation or who voluntarily
301+16 pays the medical or the funeral or burial expenses incurred as
302+17 a direct result of the crime, and any other person the Court of
303+18 Claims or the Attorney General finds is entitled to
304+19 compensation, including the guardian of a minor or of a person
305+20 under legal disability.
306+21 (1) A victim.
307+22 (2) If the victim was a guardian or primary caregiver
308+23 to an adult who is physically or mentally incapacitated,
309+24 that adult who is physically or mentally incapacitated.
642310
643311
644-national security the law enforcement agency provided to or
645-received from the United States Department of Homeland
646-Security or another federal law enforcement agency. The
647-Attorney General's office and a law enforcement agency may
648-agree to the redaction of other information in the report or to
649-the provision of necessary information in another format.
650-Within 15 days of receipt of the request, a law enforcement
651-agency shall respond to a written request from the Attorney
652-General's office for additional information necessary to
653-assist the Attorney General's office in making a
654-recommendation for compensation.
655-An applicant may obtain and provide a law enforcement
656-report to the Attorney General and the Attorney General may
657-proceed with the review of the application. If the copy of the
658-law enforcement report provided by the applicant does not
659-contain all the information the Attorney General needs to move
660-forward with the review of the application, the Attorney
661-General may proceed with requesting from the law enforcement
662-agency the full written report of the investigation.
663-Records that are obtained by the Attorney General's office
664-from a law enforcement agency under this Section for purposes
665-of investigating an application for crime victim compensation
666-shall not be disclosed to the public, including the applicant,
667-by the Attorney General's office. Law enforcement reports or
668-other documentation obtained by the Attorney General's office
669-from an applicant, victim, or third party under this Act for
670312
671313
672-the purposes of investigating an application for crime victim
673-compensation shall not be disclosed to the public or any
674-individual or entity, not including the individual who
675-supplied the report or documentation, by the Attorney
676-General's office. Any The records obtained by the Attorney
677-General's office to process the application, including but not
678-limited to applications, documents, and photographs, while in
679-the possession of the Attorney General's office, shall be
680-exempt from disclosure by the Attorney General's office under
681-the Freedom of Information Act.
682-(Source: P.A. 100-690, eff. 1-1-19.)
683-(740 ILCS 45/5.1) (from Ch. 70, par. 75.1)
684-Sec. 5.1. (a) Every hospital licensed under the laws of
685-this State shall display prominently in its emergency room
686-posters giving notification of the existence and general
687-provisions of this Act. The posters may be displayed by
688-physical or electronic means. Such posters shall be provided
689-by the Attorney General.
690-(b) Any law enforcement agency that investigates an
691-offense committed in this State shall inform the victim or any
692-potential applicant contacted during the course of an
693-investigation or arrest regarding of the offense or his
694-dependents concerning the Crime Victims Compensation Program,
695-availability of an award of compensation and advise such
696-persons that any information concerning this Act and the
314+
315+ SB3713 Enrolled - 9 - LRB103 37601 JRC 67727 b
697316
698317
699-filing of a claim may be obtained from the office of the
700-Attorney General.
701-(c) The Office of the Attorney General shall make
702-available on its website applications, forms, posters, and
703-general information that law enforcement agencies and
704-hospitals may use to comply with this Section.
705-(Source: P.A. 102-4, eff. 4-27-21.)
706-(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
707-Sec. 6.1. Right to compensation. A person is entitled to
708-compensation under this Act if:
709-(a) Timing. Within 5 years of the occurrence of the
710-crime, or within one year after a criminal charge of a
711-person for an offense, upon which the claim is based, the
712-applicant presents an application, under oath, to the
713-Attorney General that is filed with the Court of Claims
714-and on a form prescribed in accordance with Section 7.1
715-furnished by the Attorney General. If the person entitled
716-to compensation is under 18 years of age or under other
717-legal disability at the time of the occurrence or is
718-determined by a court to be under a legal disability as a
719-result of the occurrence, he or she may present the
720-application required by this subsection within 3 years
721-after he or she attains the age of 18 years or the
722-disability is removed, as the case may be. Legal
723-disability includes a diagnosis of posttraumatic stress
318+SB3713 Enrolled- 10 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 10 - LRB103 37601 JRC 67727 b
319+ SB3713 Enrolled - 10 - LRB103 37601 JRC 67727 b
320+1 (3) A guardian of a minor or of a person under legal
321+2 disability.
322+3 (4) A person who, at the time the crime occurred,
323+4 resided in the same dwelling as the victim, solely for the
324+5 purpose of compensating for any of the following:
325+6 (A) Pecuniary loss incurred for psychological
326+7 treatment of a mental or emotional condition caused or
327+8 aggravated by the crime.
328+9 (B) Loss of earnings under paragraph (14.5) of
329+10 subsection (h) for time off from work necessary to
330+11 provide full time care for the injured victim.
331+12 (C) Relocation expenses.
332+13 (5) A person who assumes a legal obligation or
333+14 voluntarily pays for a victim's medical or funeral or
334+15 burial expenses.
335+16 (6) Any other person the Court of Claims or the
336+17 Attorney General finds is entitled to compensation.
337+18 The changes made to this subsection by Public Act 101-652
338+19 apply to actions commenced or pending on or after January 1,
339+20 2022.
340+21 (b) "Court of Claims" means the Court of Claims created by
341+22 the Court of Claims Act.
342+23 (c) "Crime of violence" means and includes any offense
343+24 defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
344+25 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
345+26 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
724346
725347
726-disorder.
727-(a-1) The Attorney General and the Court of Claims may
728-accept an application presented after the period provided
729-in subsection (a) if the Attorney General determines that
730-the applicant had good cause for a delay.
731-(b) Notification. The For all crimes of violence,
732-except those listed in subsection (b-1) of this Section,
733-the appropriate law enforcement officials were notified
734-within 72 hours of the perpetration of the crime allegedly
735-causing the death or injury to the victim or, in the event
736-such notification was made more than 72 hours after the
737-perpetration of the crime, the applicant establishes that
738-such notice was timely under the circumstances. If the
739-notification was made more than 72 hours after the
740-perpetration of the crime and the applicant establishes
741-that the notice was timely under the circumstances, the
742-Attorney General and the Court of Claims may extend the
743-time for reporting to law enforcement.
744-For victims of offenses defined in Sections 10-9,
745-11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and
746-12-14 of the Criminal Code of 1961 or the Criminal Code of
747-2012, the appropriate law enforcement officials were
748-notified within 7 days of the perpetration of the crime
749-allegedly causing death or injury to the victim or, if the
750-notification was made more than 7 days after the
751-perpetration of the crime, the applicant establishes that
752348
753349
754-the notice was timely under the circumstances.
755-(b-1) If, in lieu of a law enforcement report, For
756-victims of offenses defined in Sections 10-9, 11-1.20,
757-11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
758-12-15, and 12-16 of the Criminal Code of 1961 or the
759-Criminal Code of 2012, the appropriate law enforcement
760-officials were notified within 7 days of the perpetration
761-of the crime allegedly causing death or injury to the
762-victim or, in the event that the notification was made
763-more than 7 days after the perpetration of the crime, the
764-applicant establishes that the notice was timely under the
765-circumstances. If the applicant or victim has obtained an
766-order of protection, a civil no contact order, or a
767-stalking no contact order, has presented himself or
768-herself to a medical facility hospital for medical care or
769-sexual assault evidence collection, has presented to a
770-mental health provider for an independent medical
771-evaluation, or is engaged in a legal proceeding involving
772-a claim that the applicant or victim is a victim of human
773-trafficking or law enforcement use of force, such action
774-shall constitute appropriate notification under this
775-subsection (b-1) or subsection (b) of this Section.
776-(b-2) For purposes of notification under this Act, a
777-victim who presents to a medical facility shall provide
778-information sufficient to fulfill the requirements of this
779-Section, except that the victim shall not be required to
350+
351+ SB3713 Enrolled - 10 - LRB103 37601 JRC 67727 b
780352
781353
782-identify the offender to the medical provider.
783-(b-3) An applicant who is filing a claim that a law
784-enforcement officer's use of force caused injury or death,
785-may fulfill the notification requirement by complying with
786-subsection (b), filing a complaint with the Illinois Law
787-Enforcement Training Standards Board, filing a lawsuit
788-against a law enforcement officer or department, or
789-presenting evidence that the victim has obtained a
790-settlement or a verdict in a civil suit. An application
791-filed by an individual presenting evidence of a verdict in
792-a civil suit must be filed within one year after the
793-resolution of the civil suit.
794-(b-4) An applicant may provide notification to a
795-mental health provider regarding physical injuries of the
796-victim or for victims of offenses defined in Sections
797-10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
798-11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the
799-Criminal Code of 2012, psychological injuries resulting
800-from the commission of the crime for which the applicant
801-is filing an application. The provider shall perform an
802-independent medical evaluation and provide the provider's
803-professional opinion as to whether the injuries claimed
804-are consistent with having resulted from the commission of
805-the crime for which the applicant is filing an
806-application.
807-Upon completion of the independent medical evaluation,
354+SB3713 Enrolled- 11 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 11 - LRB103 37601 JRC 67727 b
355+ SB3713 Enrolled - 11 - LRB103 37601 JRC 67727 b
356+1 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-3.4,
357+2 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4,
358+3 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or
359+4 20-1.1, or Section 12-3.05 except for subdivision (a)(4) or
360+5 (g)(1), or subdivision (a)(4) of Section 11-14.4, of the
361+6 Criminal Code of 1961 or the Criminal Code of 2012, Sections
362+7 1(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of
363+8 the Stalking No Contact Order Act, Section 219 of the Civil No
364+9 Contact Order Act, driving under the influence as defined in
365+10 Section 11-501 of the Illinois Vehicle Code, a violation of
366+11 Section 11-401 of the Illinois Vehicle Code, provided the
367+12 victim was a pedestrian or was operating a vehicle moved
368+13 solely by human power or a mobility device at the time of
369+14 contact, and a violation of Section 11-204.1 of the Illinois
370+15 Vehicle Code; so long as the offense did not occur during a
371+16 civil riot, insurrection or rebellion. "Crime of violence"
372+17 does not include any other offense or crash involving a motor
373+18 vehicle except those vehicle offenses specifically provided
374+19 for in this paragraph. "Crime of violence" does include all of
375+20 the offenses specifically provided for in this paragraph that
376+21 occur within this State but are subject to federal
377+22 jurisdiction and crimes involving terrorism as defined in 18
378+23 U.S.C. 2331.
379+24 (d) "Victim" means (1) a person killed or injured in this
380+25 State as a result of a crime of violence perpetrated or
381+26 attempted against him or her, (2) the spouse, parent, or child
808382
809383
810-the mental health provider shall complete a certification
811-form, signed under oath. The form shall be provided by the
812-Office of the Attorney General and contain the following:
813-(1) The provider's name, title, license number and
814-place of employment.
815-(2) Contact information for the provider.
816-(3) The provider's relationship with the
817-applicant.
818-(4) The date the crime was reported to the
819-provider.
820-(5) The reported crime.
821-(6) The date and location of the crime.
822-(7) If there are physical injuries, what injuries
823-that the mental health provider can attest to being
824-present on the day of the reporting if they are
825-consistent with the crime reported to the provider.
826-(8) If there are psychological injuries, whether
827-the provider in his or her professional opinion
828-believes that the injuries presented on the day of the
829-reporting are consistent with the crime reported to
830-the provider.
831-(9) A detailed summary of the incident, as
832-reported.
833-(10) Any documentation or photos that relate to
834-the crime of violence for which the applicant is
835-seeking reimbursement.
836384
837385
838-(c) Cooperation. The applicant has cooperated with law
839-enforcement officials in the apprehension and prosecution
840-of the assailant. If the applicant or victim has obtained
841-an order of protection, a civil no contact order, or a
842-stalking no contact order, has presented himself or
843-herself to a medical facility hospital for medical care or
844-sexual assault evidence collection, obtained an
845-independent medical examination from a mental health
846-provider as described in subsection (b-4), has taken any
847-of the actions described in subsection (b-3), or is
848-engaged in a legal proceeding involving a claim that the
849-applicant or victim is a victim of human trafficking, such
850-action shall constitute cooperation under this subsection
851-(c). If the victim is under 18 years of age at the time of
852-the commission of the offense, the following shall
853-constitute cooperation under this subsection (c):
854-(1) the applicant or the victim files a police
855-report with a law enforcement agency;
856-(2) a mandated reporter reports the crime to law
857-enforcement; or
858-(3) a person with firsthand knowledge of the crime
859-reports the crime to law enforcement.
860-In evaluating cooperation, the Attorney General and
861-Court of Claims may consider the victim's age, physical
862-condition, psychological state, cultural or linguistic
863-barriers, and compelling health and safety concerns,
386+
387+ SB3713 Enrolled - 11 - LRB103 37601 JRC 67727 b
864388
865389
866-including, but not limited to, a reasonable fear of
867-retaliation or harm that would jeopardize the well-being
868-of the victim or the victim's family, and giving due
869-consideration to the degree of cooperation that the victim
870-or derivative victim is capable of in light of the
871-presence of any of these factors, or any other factor the
872-Attorney General considers relevant.
873-(d) If the The applicant is not barred from receiving
874-compensation under Section 10.1 the offender or an
875-accomplice of the offender and the award would not
876-unjustly benefit the offender or his accomplice.
877-(e) (Blank).
878-(f) (Blank). For victims of offenses defined in
879-Section 10-9 of the Criminal Code of 2012, the victim
880-submits a statement under oath on a form prescribed by the
881-Attorney General attesting that the removed tattoo was
882-applied in connection with the commission of the offense.
883-(g) (Blank). In determining whether cooperation has
884-been reasonable, the Attorney General and Court of Claims
885-may consider the victim's age, physical condition,
886-psychological state, cultural or linguistic barriers, and
887-compelling health and safety concerns, including, but not
888-limited to, a reasonable fear of retaliation or harm that
889-would jeopardize the well-being of the victim or the
890-victim's family, and giving due consideration to the
891-degree of cooperation that the victim or derivative victim
390+SB3713 Enrolled- 12 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 12 - LRB103 37601 JRC 67727 b
391+ SB3713 Enrolled - 12 - LRB103 37601 JRC 67727 b
392+1 of a person killed or injured in this State as a result of a
393+2 crime of violence perpetrated or attempted against the person,
394+3 or anyone living in the dwelling household of a person killed
395+4 or injured in a relationship that is substantially similar to
396+5 that of a parent, spouse, or child, (3) a person killed or
397+6 injured in this State while attempting to assist a person
398+7 against whom a crime of violence is being perpetrated or
399+8 attempted, if that attempt of assistance would be expected of
400+9 a reasonable person under the circumstances, (4) a person
401+10 killed or injured in this State while assisting a law
402+11 enforcement official apprehend a person who has perpetrated a
403+12 crime of violence or prevent the perpetration of any such
404+13 crime if that assistance was in response to the express
405+14 request of the law enforcement official, (5) a person who
406+15 personally witnessed a violent crime, (5.05) a person who will
407+16 be called as a witness by the prosecution to establish a
408+17 necessary nexus between the offender and the violent crime,
409+18 (5.1) solely for the purpose of compensating for pecuniary
410+19 loss incurred for psychological treatment of a mental or
411+20 emotional condition caused or aggravated by the crime, any
412+21 other person under the age of 18 who is the grandparent,
413+22 grandchild, brother, sister, half brother, or half sister of a
414+23 person killed or injured in this State as a result of a crime
415+24 of violence, applying solely for the purpose of compensating
416+25 for pecuniary loss incurred for psychological treatment of a
417+26 mental or emotional condition caused or aggravated by the
892418
893419
894-is capable of in light of the presence of any of these
895-factors, or any other factor the Attorney General
896-considers relevant.
897-The changes made to this Section by this amendatory Act of
898-the 101st General Assembly apply to actions commenced or
899-pending on or after January 1, 2022.
900-(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
901-(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
902-Sec. 7.1. (a) The application shall set out:
903-(1) the name and address of the victim;
904-(2) if the victim is deceased, the name and address of
905-the applicant and his or her relationship to the victim,
906-the names and addresses of other persons dependent on the
907-victim for their support and the extent to which each is so
908-dependent, and other persons who may be entitled to
909-compensation for a pecuniary loss;
910-(3) the date and nature of the crime on which the
911-application for compensation is based;
912-(4) the date and place where notification under
913-Section 6.1 was given and to whom, or the date and place of
914-issuance of an order of protection, no contact order,
915-evidence of a legal proceeding involving human
916-trafficking, or in cases of a law enforcement officer's
917-use of force, another form of documentation allowable
918-under Section 6.1 and the law enforcement officials to
919420
920421
921-whom notification of the crime was given;
922-(4.5) if the victim is providing supplemental forms of
923-documentation, that documentation, the date the victim
924-obtained that other form of documentation and the type of
925-documentation;
926-(5) the nature and extent of the injuries sustained by
927-the victim, and the names and addresses of those giving
928-medical and hospitalization treatment to the victim;
929-(6) the pecuniary loss to the applicant and to such
930-other persons as are specified under item (2) resulting
931-from the injury or death;
932-(7) the amount of benefits, payments, or awards, if
933-any, payable under:
934-(a) the Workers' Compensation Act,
935-(b) the Dram Shop Act,
936-(c) any claim, demand, or cause of action based
937-upon the crime-related injury or death,
938-(d) the Federal Medicare program,
939-(e) the State Public Aid program,
940-(f) Social Security Administration burial
941-benefits,
942-(g) Veterans administration burial benefits,
943-(h) life, health, accident, vehicle, towing, or
944-liability insurance,
945-(i) the Criminal Victims' Escrow Account Act,
946-(j) the Sexual Assault Survivors Emergency
422+
423+ SB3713 Enrolled - 12 - LRB103 37601 JRC 67727 b
947424
948425
949-Treatment Act,
950-(k) restitution, or
951-(l) any other source;
952-(8) releases authorizing the surrender to the Court of
953-Claims or Attorney General of reports, documents and other
954-information relating to the matters specified under this
955-Act and rules promulgated in accordance with the Act;
956-(9) such other information as the Court of Claims or
957-the Attorney General reasonably requires.
958-(b) The Attorney General may require that materials
959-substantiating the facts stated in the application be
960-submitted with that application.
961-(b-5) The victim or applicant may provide to the Attorney
962-General a sworn statement by the victim or applicant that
963-attests to the victim's or applicant's experience of a crime
964-or crimes of violence, in addition to documentation required
965-under this Act. If the victim or applicant has additional
966-corroborating evidence beyond those described in this Act, the
967-victim or applicant may provide the following documents: law
968-enforcement report; medical records; confirmation of sexual
969-assault evidence collection; order of protection; civil no
970-contact order, stalking no contact order; photographs; letter
971-from a service provider who serves victims of crime; affidavit
972-from a witness of the crime of violence; court record;
973-military record; or any other corroborating evidence. Such
974-documentation or statement may be used to supplement required
426+SB3713 Enrolled- 13 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 13 - LRB103 37601 JRC 67727 b
427+ SB3713 Enrolled - 13 - LRB103 37601 JRC 67727 b
428+1 crime, loss of earnings under paragraph (14.5) of subsection
429+2 (h) for time off from work necessary to provide full time care
430+3 for the injured victim, or relocation if the crime occurred
431+4 within the dwelling of the applicant, (5.2) any person who was
432+5 in a dating relationship with a person killed in this State as
433+6 a result of a crime of violence, solely for the purpose of
434+7 compensating for pecuniary loss incurred for psychological
435+8 treatment of a mental or emotional condition caused or
436+9 aggravated by the crime, (6) an Illinois resident who is a
437+10 victim of a "crime of violence" as defined in this Act except,
438+11 if the crime occurred outside this State, the resident has the
439+12 same rights under this Act as if the crime had occurred in this
440+13 State upon a showing that the state, territory, country, or
441+14 political subdivision of a country in which the crime occurred
442+15 does not have a compensation of victims of crimes law for which
443+16 that Illinois resident is eligible, (7) the parent, spouse, or
444+17 child of a deceased person whose body is dismembered or whose
445+18 remains are desecrated as the result of a crime of violence, or
446+19 (8) (blank), or (9) an individual who is injured or killed in
447+20 an incident in which a law enforcement officer's use of force
448+21 caused bodily harm or death to that individual.
449+22 (e) "Dependent" means a relative of a deceased victim who
450+23 was wholly or partially dependent upon the victim's income at
451+24 the time of his or her death and shall include the child of a
452+25 victim born after his or her death.
453+26 (f) "Relative" means a spouse, parent, grandparent,
975454
976455
977-documentation to verify the incident but is not required. If
978-an applicant is seeking an exception under subsection (b) or
979-(c-1) of Section 6.1, the applicant shall provide any
980-additional documentation, information, or statement that
981-substantiates the facts stated in the application.
982-(c) An applicant, on his or her own motion, may file an
983-amended application or additional substantiating materials to
984-correct inadvertent errors or omissions at any time before the
985-original application has been disposed of by the Court of
986-Claims or the Attorney General. In either case, the filing of
987-additional information or of an amended application shall be
988-considered for the purpose of this Act to have been filed at
989-the same time as the original application.
990-For claims submitted on or after January 1, 2022, an
991-amended application or additional substantiating materials to
992-correct inadvertent errors or omissions may be filed at any
993-time before the original application is disposed of by the
994-Attorney General or the Court of Claims.
995-(d) Determinations submitted by the Attorney General to
996-the Court of Claims shall be available to the Court of Claims
997-for review. The Attorney General shall provide the sources and
998-evidence relied upon as a basis for a compensation
999-determination.
1000-(e) The changes made to this Section by this amendatory
1001-Act of the 101st General Assembly apply to actions commenced
1002-or pending on or after January 1, 2022.
1003456
1004457
1005-(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21;
1006-102-905, eff. 1-1-23.)
1007-(740 ILCS 45/8.1) (from Ch. 70, par. 78.1)
1008-Sec. 8.1. If an applicant does not submit all materials
1009-substantiating his or her claim as requested of him or her by
1010-the Attorney General, the Attorney General shall notify the
1011-applicant in writing of the specific additional items of
1012-information or materials required and that he or she has 45
1013-days in which to furnish those items to the Attorney General.
1014-The Attorney General shall report an applicant's failure to
1015-comply within 45 days of the foregoing notice to the Court of
1016-Claims. No award of compensation shall be made for any portion
1017-of the applicant's claim that is not substantiated by the
1018-applicant. An applicant may request an extension of time from
1019-the Attorney General prior to the expiration of the 45-day
1020-period.
1021-After an application has been filed, an applicant's
1022-failure to respond to communication from the Office of the
1023-Attorney General or the Court of Claims or a failure to provide
1024-necessary documentation to substantiate the request for
1025-compensation may result in the claim being closed without
1026-compensation. An applicant may submit to have the claim
1027-reopened when the applicant is able to provide missing
1028-information and communicate regarding the claim.
1029-Failure to update the Office of the Attorney General with
458+
459+ SB3713 Enrolled - 13 - LRB103 37601 JRC 67727 b
1030460
1031461
1032-changes to the applicant's contact information after the
1033-application is submitted to the Office of the Attorney General
1034-may result in applications that are not filed with the Court of
1035-Claims or claims that are closed without compensation.
1036-(Source: P.A. 102-27, eff. 1-1-22.)
1037-(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
1038-Sec. 10.1. Award of compensation. The awarding of
1039-compensation and the amount of compensation to which an
1040-applicant and other persons are entitled shall be based on the
1041-following factors:
1042-(a) Each victim may be compensated for his or her
1043-pecuniary loss up to the maximum amount allowable.
1044-(b) Each dependent may be compensated for loss of
1045-support, as provided in paragraph (15) of subsection (h)
1046-of Section 2.
1047-(c) Any person, even though not dependent upon the
1048-victim for his or her support, may be compensated for
1049-reasonable expenses of the victim to the extent to which
1050-he or she has paid or become obligated to pay such expenses
1051-and only after compensation for reasonable funeral,
1052-medical and hospital expenses of the victim have been
1053-awarded may compensation be made for reasonable expenses
1054-of the victim incurred for psychological treatment of a
1055-mental or emotional condition caused or aggravated by the
1056-crime. Persons that have paid or become obligated to pay
462+SB3713 Enrolled- 14 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 14 - LRB103 37601 JRC 67727 b
463+ SB3713 Enrolled - 14 - LRB103 37601 JRC 67727 b
464+1 stepfather, stepmother, child, grandchild, brother,
465+2 brother-in-law, sister, sister-in-law, half brother, half
466+3 sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
467+4 living in the dwelling household of a person killed or injured
468+5 in a relationship that is substantially similar to that of a
469+6 parent, spouse, or child.
470+7 (g) "Child" means a son or daughter and includes a
471+8 stepchild, an adopted child or a child born out of wedlock.
472+9 (h) "Pecuniary loss" means:
473+10 (1) in the case of injury, appropriate medical
474+11 expenses and hospital expenses including expenses of
475+12 medical examinations, rehabilitation, medically required
476+13 nursing care expenses, appropriate psychiatric care or
477+14 psychiatric counseling expenses, appropriate expenses for
478+15 care or counseling by a licensed clinical psychologist,
479+16 licensed clinical social worker, licensed professional
480+17 counselor, or licensed clinical professional counselor and
481+18 expenses for treatment by Christian Science practitioners
482+19 and nursing care appropriate thereto;
483+20 (2) transportation expenses to and from medical and
484+21 counseling treatment facilities;
485+22 (3) prosthetic appliances, eyeglasses, and hearing
486+23 aids necessary or damaged as a result of the crime;
487+24 (4) expenses incurred for the towing and storage of a
488+25 victim's vehicle in connection with a crime of violence,
489+26 to a maximum of $1,000;
1057490
1058491
1059-expenses for a victim shall share the maximum award with
1060-the amount divided in proportion to the amount of the
1061-actual loss among those entitled to compensation.
1062-(d) Except for claims listed under subsection (d-1) of
1063-this Section, an An award shall be reduced or denied
1064-according to the extent to which the victim's injury or
1065-death was caused by provocation or incitement by the
1066-victim or the victim assisting, attempting, or committing
1067-a criminal act. A denial or reduction shall not
1068-automatically bar the survivors of homicide victims from
1069-receiving compensation for counseling, crime scene
1070-cleanup, relocation, funeral or burial costs, and loss of
1071-support if the survivor's actions have not initiated,
1072-provoked, or aggravated the suspect into initiating the
1073-qualifying crime.
1074-(d-1) For claims that a law enforcement officer's use
1075-of force resulted in injury or death to a victim, an award
1076-shall be reduced or denied to the extent by which the
1077-victim's behavior posed an imminent threat of death or
1078-serious bodily injury to the law enforcement officer or
1079-another person and such behavior of the victim was a
1080-direct and proximate cause of the victim's injury or
1081-death. If a police report has been made, the police report
1082-shall not be the sole factor if the Attorney General or
1083-Court of Claims has identified reliable information that
1084-conflicts with the police report.
1085492
1086493
1087-(d-2) A person who is criminally responsible for the
1088-crime upon which a claim is based or an accomplice of such
1089-person shall not be eligible to receive an award with
1090-respect to such claim. A member of the family of a person
1091-criminally responsible for the crime upon which a claim is
1092-based or a member of the family of an accomplice of such
1093-person shall be eligible to receive an award, unless the
1094-person criminally responsible will receive substantial
1095-economic benefit or unjust enrichment from the
1096-compensation. In no event shall an applicant be denied
1097-compensation solely because of the applicant's or the
1098-victim's familial relationship with the offender or
1099-because of the sharing of a dwelling by the victim or
1100-applicant and the offender.
1101-(d-3) A denial or reduction shall not automatically
1102-bar the survivors of homicide victims from receiving
1103-compensation for counseling, crime scene cleanup,
1104-relocation, funeral or burial costs, and loss of support.
1105-(e) An award shall be reduced by the amount of
1106-benefits, payments or awards payable under those sources
1107-which are required to be listed under item (7) of Section
1108-7.1(a) and any other sources except annuities, pension
1109-plans, Federal Social Security payments payable to
1110-dependents of the victim and the net proceeds of the first
1111-$25,000 of life insurance that would inure to the benefit
1112-of the applicant, which the applicant or any other person
494+
495+ SB3713 Enrolled - 14 - LRB103 37601 JRC 67727 b
1113496
1114497
1115-dependent for the support of a deceased victim, as the
1116-case may be, has received or to which he or she is entitled
1117-as a result of injury to or death of the victim.
1118-(f) A final award shall not exceed $10,000 for a crime
1119-committed prior to September 22, 1979, $15,000 for a crime
1120-committed on or after September 22, 1979 and prior to
1121-January 1, 1986, $25,000 for a crime committed on or after
1122-January 1, 1986 and prior to August 7, 1998, $27,000 for a
1123-crime committed on or after August 7, 1998 and prior to
1124-August 7, 2022, or $45,000 per victim for a crime
1125-committed on or after August 7, 2022. For any applicant
1126-who is not a victim, if the total pecuniary loss is greater
1127-than the maximum amount allowed, the award shall be
1128-divided in proportion to the amount of actual loss among
1129-those entitled to compensation who are not victims.
1130-(g) Compensation under this Act is a secondary source
1131-of compensation and the applicant must show that he or she
1132-has exhausted the benefits reasonably available under the
1133-Criminal Victims' Escrow Account Act or any governmental
1134-or medical or health insurance programs, including, but
1135-not limited to, Workers' Compensation, the Federal
1136-Medicare program, the State Public Aid program, Social
1137-Security Administration burial benefits, and Veterans
1138-Administration burial benefits, and life, health,
1139-accident, full vehicle coverage (including towing
1140-insurance, if available), or liability insurance.
498+SB3713 Enrolled- 15 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 15 - LRB103 37601 JRC 67727 b
499+ SB3713 Enrolled - 15 - LRB103 37601 JRC 67727 b
500+1 (5) costs associated with trafficking tattoo removal
501+2 by a person authorized or licensed to perform the specific
502+3 removal procedure; for victims of offenses defined in
503+4 Section 10-9 of the Criminal Code of 2012, the victim
504+5 shall submit a statement under oath on a form prescribed
505+6 by the Attorney General attesting that the removed tattoo
506+7 was applied in connection with the commission of the
507+8 offense;
508+9 (6) replacement costs for clothing and bedding used as
509+10 evidence;
510+11 (7) costs associated with temporary lodging or
511+12 relocation necessary as a result of the crime, including,
512+13 but not limited to, the first 2 months' rent and security
513+14 deposit of the dwelling that the claimant relocated to and
514+15 other reasonable relocation expenses incurred as a result
515+16 of the violent crime;
516+17 (8) locks, doors, or windows necessary or damaged as a
517+18 result of the crime;
518+19 (9) the purchase, lease, or rental of equipment
519+20 necessary to create usability of and accessibility to the
520+21 victim's real and personal property, or the real and
521+22 personal property which is used by the victim, necessary
522+23 as a result of the crime; "real and personal property"
523+24 includes, but is not limited to, vehicles, houses,
524+25 apartments, townhouses, or condominiums;
525+26 (10) the costs of appropriate crime scene clean-up;
1141526
1142527
1143-Crowdfunding resources available to applicants are not
1144-considered collateral sources of payment, regardless of
1145-any statements made about what expenses the crowdfunding
1146-resources will be used to pay.
1147-(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23;
1148-103-564, eff. 11-17-23.)
1149-(740 ILCS 45/18.5)
1150-Sec. 18.5. Restrictions on collection of debts incurred by
1151-crime victims.
1152-(a) Within 10 business days after the filing of a claim,
1153-the Office of the Attorney General shall issue an applicant a
1154-written notice of the crime victim compensation claim and
1155-inform the applicant that the applicant may provide a copy of
1156-the written notice to vendors to have debt collection
1157-activities cease while the claim is pending.
1158-(b) An applicant may provide a copy of the written notice
1159-to a vendor waiting for payment of a related debt. A vendor
1160-that receives notice of the filing of a claim under this Act
1161-with the Court of Claims or Attorney General must cease all
1162-debt collection activities against the applicant for a related
1163-debt. A vendor that assists an applicant to complete or submit
1164-an application for compensation or a vendor that submits a
1165-bill to the Office of the Attorney General has constructive
1166-notice of the filing of the claim and must not engage in debt
1167-collection activities against the applicant for a related
1168528
1169529
1170-debt. If the Court of Claims or Attorney General awards
1171-compensation for the related debt, a vendor shall not engage
1172-in debt collection activities while payment is pending. If the
1173-Court of Claims denies compensation for a vendor's bill for
1174-the related debt or a portion thereof, the vendor may not
1175-engage in debt collection activities until 45 days after the
1176-date of notice from the Court of Claims or the Attorney General
1177-denying compensation in whole or in part.
1178-(c) A vendor that has notice of a compensation claim may:
1179-(1) submit a written request to the Attorney General for
1180-notification of the Attorney General's decision involving a
1181-related debt. The Attorney General shall provide notification
1182-of payment or denial of payment within 30 days of its decision;
1183-(2) submit a bill for a related debt to the Office of the
1184-Attorney General; and (3) contact the Office of the Attorney
1185-General to inquire about the status of the claim.
1186-(d) The statute of limitations for collection of a related
1187-debt is tolled upon the filing of the claim with the Court of
1188-Claims and all civil actions in court against the applicant
1189-for a related debt shall be stayed until 45 days after the
1190-Attorney General denies or the Court of Claims enters an order
1191-denying compensation for the related debt or portion thereof.
1192-(d-5) Any vendor that violates the provisions of this
1193-Section may be held liable to the affected victim or applicant
1194-in an action brought in a court of competent jurisdiction for
1195-such legal or equitable relief as may be appropriate to
530+
531+ SB3713 Enrolled - 15 - LRB103 37601 JRC 67727 b
1196532
1197533
1198-effectuate the purposes of this Section.
1199-(e) As used in this Section:
1200-(1) "Crime victim" means a victim of a violent crime
1201-or an applicant as defined in this Act.
1202-(2) "Debt collection activities" means:
1203-(A) communicating with, harassing, or intimidating
1204-the crime victim for payment, including, but not
1205-limited to: ,
1206-(i) repeatedly calling or writing to the crime
1207-victim or applicant or his or her relatives or
1208-employers;
1209-(ii) calling or writing to the victim or
1210-applicant or his or her relatives or employers
1211-after an explicit request to cease contact; and
1212-(iii) threatening to refer the related debt to
1213-a debt collection agency or to an attorney for
1214-collection, enforcement, or the filing of other
1215-process;
1216-(B) contacting a credit ratings agency or
1217-distributing information to affect the crime victim's
1218-credit rating as a result of the related debt;
1219-(C) referring a bill, or portion thereof, to a
1220-collection agency or attorney for collection action
1221-against the crime victim; or
1222-(D) taking any other action adverse to the crime
1223-victim or his or her family on account of the related
534+SB3713 Enrolled- 16 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 16 - LRB103 37601 JRC 67727 b
535+ SB3713 Enrolled - 16 - LRB103 37601 JRC 67727 b
536+1 (11) replacement services loss, to a maximum of $1,250
537+2 per month, with this amount to be divided in proportion to
538+3 the amount of the actual loss among those entitled to
539+4 compensation;
540+5 (12) dependents replacement services loss, to a
541+6 maximum of $1,250 per month, with this amount to be
542+7 divided in proportion to the amount of the actual loss
543+8 among those entitled to compensation;
544+9 (13) loss of tuition paid to attend grammar school or
545+10 high school when the victim had been enrolled as a student
546+11 prior to the injury, or college or graduate school when
547+12 the victim had been enrolled as a day or night student
548+13 prior to the injury when the victim becomes unable to
549+14 continue attendance at school as a result of the crime of
550+15 violence perpetrated against him or her;
551+16 (14) loss of earnings, loss of future earnings because
552+17 of disability resulting from the injury. Loss of future
553+18 earnings shall be reduced by any income from substitute
554+19 work actually performed by the victim or by income the
555+20 victim would have earned in available appropriate
556+21 substitute work the victim was capable of performing but
557+22 unreasonably failed to undertake; loss of earnings and
558+23 loss of future earnings shall be determined on the basis
559+24 of the victim's average net monthly earnings for the 6
560+25 months immediately preceding the date of the injury or on
561+26 $2,400 per month, whichever is less, or, in cases where
1224562
1225563
1226-debt.
1227-"Debt collection activities" does not include billing
1228-insurance or other government programs, routine inquiries
1229-about coverage by private insurance or government
1230-programs, or routine billing that indicates that the
1231-amount is not due pending resolution of the crime victim
1232-compensation claim.
1233-(3) "Related debt" means a debt or expense for
1234-hospital, medical, dental, or counseling services incurred
1235-by or on behalf of a crime victim as a direct result of the
1236-crime.
1237-(4) "Vendor" includes persons, providers of service,
1238-vendors' agents, debt collection agencies, and attorneys
1239-hired by a vendor.
1240-(Source: P.A. 102-27, eff. 1-1-22.)
564+
565+
566+
567+ SB3713 Enrolled - 16 - LRB103 37601 JRC 67727 b
568+
569+
570+SB3713 Enrolled- 17 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 17 - LRB103 37601 JRC 67727 b
571+ SB3713 Enrolled - 17 - LRB103 37601 JRC 67727 b
572+1 the absences commenced more than 3 years from the date of
573+2 the crime, on the basis of the net monthly earnings for the
574+3 6 months immediately preceding the date of the first
575+4 absence, not to exceed $2,400 per month;
576+5 (14.5) loss of earnings for applicants or loss of
577+6 future earnings for applicants. The applicant must
578+7 demonstrate that the loss of earnings is a direct result
579+8 of circumstances attributed to the crime including, but
580+9 not limited to, court appearances, funeral preparation and
581+10 bereavement, receipt of medical or psychological care;
582+11 loss of earnings and loss of future earnings shall be
583+12 determined on the basis of the applicant's average net
584+13 monthly earnings for the 6 months immediately preceding
585+14 the date of the injury or on $2,400 per month, whichever is
586+15 less, or, in cases where the absences commenced more than
587+16 3 years from the date of the crime, on the basis of the net
588+17 monthly earnings for the 6 months immediately preceding
589+18 the date of the first absence, not to exceed $2,400 per
590+19 month;
591+20 (15) loss of support of the dependents of the victim.
592+21 Loss of support shall be determined on the basis of the
593+22 victim's average net monthly earnings for the 6 months
594+23 immediately preceding the date of the injury or on $2,400
595+24 per month, whichever is less, or, in cases where the
596+25 absences commenced more than 3 years from the date of the
597+26 crime, on the basis of the net monthly earnings for the 6
598+
599+
600+
601+
602+
603+ SB3713 Enrolled - 17 - LRB103 37601 JRC 67727 b
604+
605+
606+SB3713 Enrolled- 18 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 18 - LRB103 37601 JRC 67727 b
607+ SB3713 Enrolled - 18 - LRB103 37601 JRC 67727 b
608+1 months immediately preceding the date of the first
609+2 absence, not to exceed $2,400 per month. If a divorced or
610+3 legally separated applicant is claiming loss of support
611+4 for a minor child of the deceased, the amount of support
612+5 for each child shall be based either on the amount of
613+6 support pursuant to the judgment prior to the date of the
614+7 deceased victim's injury or death, or, if the subject of
615+8 pending litigation filed by or on behalf of the divorced
616+9 or legally separated applicant prior to the injury or
617+10 death, on the result of that litigation. Loss of support
618+11 for minors shall be divided in proportion to the amount of
619+12 the actual loss among those entitled to such compensation;
620+13 (16) in the case of death, expenses for reasonable
621+14 funeral, burial, headstone, cremation, and travel and
622+15 transport for survivors of homicide victims to secure
623+16 bodies of deceased victims and to transport bodies for
624+17 burial all of which may be awarded up to a maximum of
625+18 $10,000 for each victim. Other individuals that have paid
626+19 or become obligated to pay funeral, cremation, or burial
627+20 expenses, including a headstone, for the deceased shall
628+21 share a maximum award of $10,000, with the award divided
629+22 in proportion to the amount of the actual loss among those
630+23 entitled to compensation; and
631+24 (17) in the case of dismemberment or desecration of a
632+25 body, expenses for reasonable funeral, and burial,
633+26 headstone, and cremation, all of which may be awarded up
634+
635+
636+
637+
638+
639+ SB3713 Enrolled - 18 - LRB103 37601 JRC 67727 b
640+
641+
642+SB3713 Enrolled- 19 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 19 - LRB103 37601 JRC 67727 b
643+ SB3713 Enrolled - 19 - LRB103 37601 JRC 67727 b
644+1 to a maximum of $10,000 for each victim. Other individuals
645+2 that have paid or become obligated to pay funeral,
646+3 cremation, or burial expenses, including a headstone, for
647+4 the deceased shall share a maximum award of $10,000, with
648+5 the award divided in proportion to the amount of the
649+6 actual loss among those entitled to compensation; and .
650+7 (19) legal fees resulting from proceedings that became
651+8 necessary solely because of the crime, including, but not
652+9 limited to, establishing a legal guardian for the minor
653+10 victim or the minor child of a victim, or obtaining a
654+11 restraining order, no contact order, or order of
655+12 protection, awarded up to a maximum of $3,500.
656+13 "Pecuniary loss" does not include pain and suffering or
657+14 property loss or damage.
658+15 The changes made to this subsection by Public Act 101-652
659+16 apply to actions commenced or pending on or after January 1,
660+17 2022.
661+18 (i) "Replacement services loss" means expenses reasonably
662+19 incurred in obtaining ordinary and necessary services in lieu
663+20 of those the injured person would have performed, not for
664+21 income, but for the benefit of himself or herself or his or her
665+22 family, if he or she had not been injured.
666+23 (j) "Dependents replacement services loss" means loss
667+24 reasonably incurred by dependents or private legal guardians
668+25 of minor dependents after a victim's death in obtaining
669+26 ordinary and necessary services in lieu of those the victim
670+
671+
672+
673+
674+
675+ SB3713 Enrolled - 19 - LRB103 37601 JRC 67727 b
676+
677+
678+SB3713 Enrolled- 20 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 20 - LRB103 37601 JRC 67727 b
679+ SB3713 Enrolled - 20 - LRB103 37601 JRC 67727 b
680+1 would have performed, not for income, but for their benefit,
681+2 if he or she had not been fatally injured.
682+3 (k) "Survivor" means immediate family including a parent,
683+4 stepfather, stepmother, child, brother, sister, or spouse.
684+5 (l) "Parent" means a natural parent, adopted parent,
685+6 stepparent, or permanent legal guardian of another person.
686+7 (m) "Trafficking tattoo" is a tattoo which is applied to a
687+8 victim in connection with the commission of a violation of
688+9 Section 10-9 of the Criminal Code of 2012.
689+10 (n) "Dwelling" means a person's primary home. A person may
690+11 be required to provide verification or proof of residence
691+12 including, but not limited to, a lease agreement, utility
692+13 bill, license registration, document showing the mailing
693+14 address, pay stub, tax form, or notarized statement.
694+15 (o) "Dating relationship" means a current, continuous,
695+16 romantic, courtship, or engagement relationship, often
696+17 characterized by actions of an intimate or sexual nature or an
697+18 expectation of affection. "Dating relationship" does not
698+19 include a casual acquaintanceship or ordinary fraternization
699+20 between persons in a business or social context.
700+21 (p) "Medical facility" means a facility for the delivery
701+22 of health services. "Medical facility" includes, but is not
702+23 limited to, a hospital, public health center, outpatient
703+24 medical facility, federally qualified health center, migrant
704+25 health center, community health center, or State correctional
705+26 institution.
706+
707+
708+
709+
710+
711+ SB3713 Enrolled - 20 - LRB103 37601 JRC 67727 b
712+
713+
714+SB3713 Enrolled- 21 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 21 - LRB103 37601 JRC 67727 b
715+ SB3713 Enrolled - 21 - LRB103 37601 JRC 67727 b
716+1 (q) "Mental health provider" means a licensed clinical
717+2 psychologist, a licensed clinical social worker, a licensed
718+3 professional counselor, or a licensed clinical professional
719+4 counselor as defined in the Mental Health and Developmental
720+5 Disabilities Code.
721+6 (r) "Independent medical evaluation" means an assessment
722+7 by a mental health provider who is not currently providing
723+8 treatment to the applicant and will not seek reimbursement
724+9 from the program for continuing treatment after the
725+10 assessment. A provider may seek reimbursement for the
726+11 assessment.
727+12 (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
728+13 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff.
729+14 11-17-23.)
730+15 (740 ILCS 45/2.5)
731+16 Sec. 2.5. Felony status Felon as victim. A victim's
732+17 criminal history or felony status shall not automatically
733+18 prevent compensation to that victim or the victim's family. No
734+19 compensation may be granted to an applicant under this Act
735+20 while the applicant is held in a correctional institution. An
736+21 applicant who is held in a correctional institution may apply
737+22 for assistance under this Act at any time, but no award of
738+23 compensation may be considered until the applicant meets the
739+24 requirements of this Section. However, no compensation may be
740+25 granted to a victim or applicant under this Act while the
741+
742+
743+
744+
745+
746+ SB3713 Enrolled - 21 - LRB103 37601 JRC 67727 b
747+
748+
749+SB3713 Enrolled- 22 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 22 - LRB103 37601 JRC 67727 b
750+ SB3713 Enrolled - 22 - LRB103 37601 JRC 67727 b
751+1 applicant or victim is held in a correctional institution. For
752+2 purposes of this Section, the death of a felon who is serving a
753+3 term of parole, probation, or mandatory supervised release
754+4 shall be considered a discharge from that sentence.
755+5 A victim who has been convicted of a felony may apply for
756+6 assistance under this Act at any time but no award of
757+7 compensation may be considered until the applicant meets the
758+8 requirements of this Section.
759+9 The changes made to this Section by this amendatory Act of
760+10 the 96th General Assembly apply to actions commenced or
761+11 pending on or after the effective date of this amendatory Act
762+12 of the 96th General Assembly.
763+13 (Source: P.A. 101-652, eff. 7-1-21.)
764+14 (740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
765+15 Sec. 4.1. In addition to other powers and duties set forth
766+16 in this Act and other powers exercised by the Attorney
767+17 General, the Attorney General shall:
768+18 (1) investigate all claims and prepare and present an
769+19 investigatory report and a draft award determination to
770+20 the Court of Claims for a review period of 28 business
771+21 days;
772+22 (2) upon conclusion of the review by the Court of
773+23 Claims, provide the applicant with a compensation
774+24 determination letter;
775+25 (3) prescribe and furnish all applications and other
776+
777+
778+
779+
780+
781+ SB3713 Enrolled - 22 - LRB103 37601 JRC 67727 b
782+
783+
784+SB3713 Enrolled- 23 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 23 - LRB103 37601 JRC 67727 b
785+ SB3713 Enrolled - 23 - LRB103 37601 JRC 67727 b
786+1 forms required to be filed in the office of the Attorney
787+2 General by the terms of this Act; and
788+3 (4) represent the interests of the State of Illinois
789+4 in any hearing before the Court of Claims; and .
790+5 (5) upon failure to comply with Section 4.2, the
791+6 Attorney General's office shall have the power to issue
792+7 subpoenas to compel the production of law enforcement
793+8 reports maintained by law enforcement agencies.
794+9 The changes made to this Section by this amendatory Act of
795+10 the 101st General Assembly apply to actions commenced or
796+11 pending on or after January 1, 2022.
797+12 (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
798+13 (740 ILCS 45/4.2)
799+14 Sec. 4.2. Cooperation in review of crime victims
800+15 compensation applications. A law enforcement agency in this
801+16 State shall, within 15 days of receipt of a written request for
802+17 a police report made to verify that the requirements of a crime
803+18 victims compensation application under Section 6.1 of this Act
804+19 have been met, provide the Attorney General's office with the
805+20 law enforcement agency's full written report of the
806+21 investigation of the crime for which an application for
807+22 compensation has been filed. The law enforcement agency may
808+23 redact the following from the report: names of confidential
809+24 sources and informants; locations from which law enforcement
810+25 conduct surveillance; and information related to issues of
811+
812+
813+
814+
815+
816+ SB3713 Enrolled - 23 - LRB103 37601 JRC 67727 b
817+
818+
819+SB3713 Enrolled- 24 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 24 - LRB103 37601 JRC 67727 b
820+ SB3713 Enrolled - 24 - LRB103 37601 JRC 67727 b
821+1 national security the law enforcement agency provided to or
822+2 received from the United States Department of Homeland
823+3 Security or another federal law enforcement agency. The
824+4 Attorney General's office and a law enforcement agency may
825+5 agree to the redaction of other information in the report or to
826+6 the provision of necessary information in another format.
827+7 Within 15 days of receipt of the request, a law enforcement
828+8 agency shall respond to a written request from the Attorney
829+9 General's office for additional information necessary to
830+10 assist the Attorney General's office in making a
831+11 recommendation for compensation.
832+12 An applicant may obtain and provide a law enforcement
833+13 report to the Attorney General and the Attorney General may
834+14 proceed with the review of the application. If the copy of the
835+15 law enforcement report provided by the applicant does not
836+16 contain all the information the Attorney General needs to move
837+17 forward with the review of the application, the Attorney
838+18 General may proceed with requesting from the law enforcement
839+19 agency the full written report of the investigation.
840+20 Records that are obtained by the Attorney General's office
841+21 from a law enforcement agency under this Section for purposes
842+22 of investigating an application for crime victim compensation
843+23 shall not be disclosed to the public, including the applicant,
844+24 by the Attorney General's office. Law enforcement reports or
845+25 other documentation obtained by the Attorney General's office
846+26 from an applicant, victim, or third party under this Act for
847+
848+
849+
850+
851+
852+ SB3713 Enrolled - 24 - LRB103 37601 JRC 67727 b
853+
854+
855+SB3713 Enrolled- 25 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 25 - LRB103 37601 JRC 67727 b
856+ SB3713 Enrolled - 25 - LRB103 37601 JRC 67727 b
857+1 the purposes of investigating an application for crime victim
858+2 compensation shall not be disclosed to the public or any
859+3 individual or entity, not including the individual who
860+4 supplied the report or documentation, by the Attorney
861+5 General's office. Any The records obtained by the Attorney
862+6 General's office to process the application, including but not
863+7 limited to applications, documents, and photographs, while in
864+8 the possession of the Attorney General's office, shall be
865+9 exempt from disclosure by the Attorney General's office under
866+10 the Freedom of Information Act.
867+11 (Source: P.A. 100-690, eff. 1-1-19.)
868+12 (740 ILCS 45/5.1) (from Ch. 70, par. 75.1)
869+13 Sec. 5.1. (a) Every hospital licensed under the laws of
870+14 this State shall display prominently in its emergency room
871+15 posters giving notification of the existence and general
872+16 provisions of this Act. The posters may be displayed by
873+17 physical or electronic means. Such posters shall be provided
874+18 by the Attorney General.
875+19 (b) Any law enforcement agency that investigates an
876+20 offense committed in this State shall inform the victim or any
877+21 potential applicant contacted during the course of an
878+22 investigation or arrest regarding of the offense or his
879+23 dependents concerning the Crime Victims Compensation Program,
880+24 availability of an award of compensation and advise such
881+25 persons that any information concerning this Act and the
882+
883+
884+
885+
886+
887+ SB3713 Enrolled - 25 - LRB103 37601 JRC 67727 b
888+
889+
890+SB3713 Enrolled- 26 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 26 - LRB103 37601 JRC 67727 b
891+ SB3713 Enrolled - 26 - LRB103 37601 JRC 67727 b
892+1 filing of a claim may be obtained from the office of the
893+2 Attorney General.
894+3 (c) The Office of the Attorney General shall make
895+4 available on its website applications, forms, posters, and
896+5 general information that law enforcement agencies and
897+6 hospitals may use to comply with this Section.
898+7 (Source: P.A. 102-4, eff. 4-27-21.)
899+8 (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
900+9 Sec. 6.1. Right to compensation. A person is entitled to
901+10 compensation under this Act if:
902+11 (a) Timing. Within 5 years of the occurrence of the
903+12 crime, or within one year after a criminal charge of a
904+13 person for an offense, upon which the claim is based, the
905+14 applicant presents an application, under oath, to the
906+15 Attorney General that is filed with the Court of Claims
907+16 and on a form prescribed in accordance with Section 7.1
908+17 furnished by the Attorney General. If the person entitled
909+18 to compensation is under 18 years of age or under other
910+19 legal disability at the time of the occurrence or is
911+20 determined by a court to be under a legal disability as a
912+21 result of the occurrence, he or she may present the
913+22 application required by this subsection within 3 years
914+23 after he or she attains the age of 18 years or the
915+24 disability is removed, as the case may be. Legal
916+25 disability includes a diagnosis of posttraumatic stress
917+
918+
919+
920+
921+
922+ SB3713 Enrolled - 26 - LRB103 37601 JRC 67727 b
923+
924+
925+SB3713 Enrolled- 27 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 27 - LRB103 37601 JRC 67727 b
926+ SB3713 Enrolled - 27 - LRB103 37601 JRC 67727 b
927+1 disorder.
928+2 (a-1) The Attorney General and the Court of Claims may
929+3 accept an application presented after the period provided
930+4 in subsection (a) if the Attorney General determines that
931+5 the applicant had good cause for a delay.
932+6 (b) Notification. The For all crimes of violence,
933+7 except those listed in subsection (b-1) of this Section,
934+8 the appropriate law enforcement officials were notified
935+9 within 72 hours of the perpetration of the crime allegedly
936+10 causing the death or injury to the victim or, in the event
937+11 such notification was made more than 72 hours after the
938+12 perpetration of the crime, the applicant establishes that
939+13 such notice was timely under the circumstances. If the
940+14 notification was made more than 72 hours after the
941+15 perpetration of the crime and the applicant establishes
942+16 that the notice was timely under the circumstances, the
943+17 Attorney General and the Court of Claims may extend the
944+18 time for reporting to law enforcement.
945+19 For victims of offenses defined in Sections 10-9,
946+20 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and
947+21 12-14 of the Criminal Code of 1961 or the Criminal Code of
948+22 2012, the appropriate law enforcement officials were
949+23 notified within 7 days of the perpetration of the crime
950+24 allegedly causing death or injury to the victim or, if the
951+25 notification was made more than 7 days after the
952+26 perpetration of the crime, the applicant establishes that
953+
954+
955+
956+
957+
958+ SB3713 Enrolled - 27 - LRB103 37601 JRC 67727 b
959+
960+
961+SB3713 Enrolled- 28 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 28 - LRB103 37601 JRC 67727 b
962+ SB3713 Enrolled - 28 - LRB103 37601 JRC 67727 b
963+1 the notice was timely under the circumstances.
964+2 (b-1) If, in lieu of a law enforcement report, For
965+3 victims of offenses defined in Sections 10-9, 11-1.20,
966+4 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
967+5 12-15, and 12-16 of the Criminal Code of 1961 or the
968+6 Criminal Code of 2012, the appropriate law enforcement
969+7 officials were notified within 7 days of the perpetration
970+8 of the crime allegedly causing death or injury to the
971+9 victim or, in the event that the notification was made
972+10 more than 7 days after the perpetration of the crime, the
973+11 applicant establishes that the notice was timely under the
974+12 circumstances. If the applicant or victim has obtained an
975+13 order of protection, a civil no contact order, or a
976+14 stalking no contact order, has presented himself or
977+15 herself to a medical facility hospital for medical care or
978+16 sexual assault evidence collection, has presented to a
979+17 mental health provider for an independent medical
980+18 evaluation, or is engaged in a legal proceeding involving
981+19 a claim that the applicant or victim is a victim of human
982+20 trafficking or law enforcement use of force, such action
983+21 shall constitute appropriate notification under this
984+22 subsection (b-1) or subsection (b) of this Section.
985+23 (b-2) For purposes of notification under this Act, a
986+24 victim who presents to a medical facility shall provide
987+25 information sufficient to fulfill the requirements of this
988+26 Section, except that the victim shall not be required to
989+
990+
991+
992+
993+
994+ SB3713 Enrolled - 28 - LRB103 37601 JRC 67727 b
995+
996+
997+SB3713 Enrolled- 29 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 29 - LRB103 37601 JRC 67727 b
998+ SB3713 Enrolled - 29 - LRB103 37601 JRC 67727 b
999+1 identify the offender to the medical provider.
1000+2 (b-3) An applicant who is filing a claim that a law
1001+3 enforcement officer's use of force caused injury or death,
1002+4 may fulfill the notification requirement by complying with
1003+5 subsection (b), filing a complaint with the Illinois Law
1004+6 Enforcement Training Standards Board, filing a lawsuit
1005+7 against a law enforcement officer or department, or
1006+8 presenting evidence that the victim has obtained a
1007+9 settlement or a verdict in a civil suit. An application
1008+10 filed by an individual presenting evidence of a verdict in
1009+11 a civil suit must be filed within one year after the
1010+12 resolution of the civil suit.
1011+13 (b-4) An applicant may provide notification to a
1012+14 mental health provider regarding physical injuries of the
1013+15 victim or for victims of offenses defined in Sections
1014+16 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1015+17 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the
1016+18 Criminal Code of 2012, psychological injuries resulting
1017+19 from the commission of the crime for which the applicant
1018+20 is filing an application. The provider shall perform an
1019+21 independent medical evaluation and provide the provider's
1020+22 professional opinion as to whether the injuries claimed
1021+23 are consistent with having resulted from the commission of
1022+24 the crime for which the applicant is filing an
1023+25 application.
1024+26 Upon completion of the independent medical evaluation,
1025+
1026+
1027+
1028+
1029+
1030+ SB3713 Enrolled - 29 - LRB103 37601 JRC 67727 b
1031+
1032+
1033+SB3713 Enrolled- 30 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 30 - LRB103 37601 JRC 67727 b
1034+ SB3713 Enrolled - 30 - LRB103 37601 JRC 67727 b
1035+1 the mental health provider shall complete a certification
1036+2 form, signed under oath. The form shall be provided by the
1037+3 Office of the Attorney General and contain the following:
1038+4 (1) The provider's name, title, license number and
1039+5 place of employment.
1040+6 (2) Contact information for the provider.
1041+7 (3) The provider's relationship with the
1042+8 applicant.
1043+9 (4) The date the crime was reported to the
1044+10 provider.
1045+11 (5) The reported crime.
1046+12 (6) The date and location of the crime.
1047+13 (7) If there are physical injuries, what injuries
1048+14 that the mental health provider can attest to being
1049+15 present on the day of the reporting if they are
1050+16 consistent with the crime reported to the provider.
1051+17 (8) If there are psychological injuries, whether
1052+18 the provider in his or her professional opinion
1053+19 believes that the injuries presented on the day of the
1054+20 reporting are consistent with the crime reported to
1055+21 the provider.
1056+22 (9) A detailed summary of the incident, as
1057+23 reported.
1058+24 (10) Any documentation or photos that relate to
1059+25 the crime of violence for which the applicant is
1060+26 seeking reimbursement.
1061+
1062+
1063+
1064+
1065+
1066+ SB3713 Enrolled - 30 - LRB103 37601 JRC 67727 b
1067+
1068+
1069+SB3713 Enrolled- 31 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 31 - LRB103 37601 JRC 67727 b
1070+ SB3713 Enrolled - 31 - LRB103 37601 JRC 67727 b
1071+1 (c) Cooperation. The applicant has cooperated with law
1072+2 enforcement officials in the apprehension and prosecution
1073+3 of the assailant. If the applicant or victim has obtained
1074+4 an order of protection, a civil no contact order, or a
1075+5 stalking no contact order, has presented himself or
1076+6 herself to a medical facility hospital for medical care or
1077+7 sexual assault evidence collection, obtained an
1078+8 independent medical examination from a mental health
1079+9 provider as described in subsection (b-4), has taken any
1080+10 of the actions described in subsection (b-3), or is
1081+11 engaged in a legal proceeding involving a claim that the
1082+12 applicant or victim is a victim of human trafficking, such
1083+13 action shall constitute cooperation under this subsection
1084+14 (c). If the victim is under 18 years of age at the time of
1085+15 the commission of the offense, the following shall
1086+16 constitute cooperation under this subsection (c):
1087+17 (1) the applicant or the victim files a police
1088+18 report with a law enforcement agency;
1089+19 (2) a mandated reporter reports the crime to law
1090+20 enforcement; or
1091+21 (3) a person with firsthand knowledge of the crime
1092+22 reports the crime to law enforcement.
1093+23 In evaluating cooperation, the Attorney General and
1094+24 Court of Claims may consider the victim's age, physical
1095+25 condition, psychological state, cultural or linguistic
1096+26 barriers, and compelling health and safety concerns,
1097+
1098+
1099+
1100+
1101+
1102+ SB3713 Enrolled - 31 - LRB103 37601 JRC 67727 b
1103+
1104+
1105+SB3713 Enrolled- 32 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 32 - LRB103 37601 JRC 67727 b
1106+ SB3713 Enrolled - 32 - LRB103 37601 JRC 67727 b
1107+1 including, but not limited to, a reasonable fear of
1108+2 retaliation or harm that would jeopardize the well-being
1109+3 of the victim or the victim's family, and giving due
1110+4 consideration to the degree of cooperation that the victim
1111+5 or derivative victim is capable of in light of the
1112+6 presence of any of these factors, or any other factor the
1113+7 Attorney General considers relevant.
1114+8 (d) If the The applicant is not barred from receiving
1115+9 compensation under Section 10.1 the offender or an
1116+10 accomplice of the offender and the award would not
1117+11 unjustly benefit the offender or his accomplice.
1118+12 (e) (Blank).
1119+13 (f) (Blank). For victims of offenses defined in
1120+14 Section 10-9 of the Criminal Code of 2012, the victim
1121+15 submits a statement under oath on a form prescribed by the
1122+16 Attorney General attesting that the removed tattoo was
1123+17 applied in connection with the commission of the offense.
1124+18 (g) (Blank). In determining whether cooperation has
1125+19 been reasonable, the Attorney General and Court of Claims
1126+20 may consider the victim's age, physical condition,
1127+21 psychological state, cultural or linguistic barriers, and
1128+22 compelling health and safety concerns, including, but not
1129+23 limited to, a reasonable fear of retaliation or harm that
1130+24 would jeopardize the well-being of the victim or the
1131+25 victim's family, and giving due consideration to the
1132+26 degree of cooperation that the victim or derivative victim
1133+
1134+
1135+
1136+
1137+
1138+ SB3713 Enrolled - 32 - LRB103 37601 JRC 67727 b
1139+
1140+
1141+SB3713 Enrolled- 33 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 33 - LRB103 37601 JRC 67727 b
1142+ SB3713 Enrolled - 33 - LRB103 37601 JRC 67727 b
1143+1 is capable of in light of the presence of any of these
1144+2 factors, or any other factor the Attorney General
1145+3 considers relevant.
1146+4 The changes made to this Section by this amendatory Act of
1147+5 the 101st General Assembly apply to actions commenced or
1148+6 pending on or after January 1, 2022.
1149+7 (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
1150+8 (740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
1151+9 Sec. 7.1. (a) The application shall set out:
1152+10 (1) the name and address of the victim;
1153+11 (2) if the victim is deceased, the name and address of
1154+12 the applicant and his or her relationship to the victim,
1155+13 the names and addresses of other persons dependent on the
1156+14 victim for their support and the extent to which each is so
1157+15 dependent, and other persons who may be entitled to
1158+16 compensation for a pecuniary loss;
1159+17 (3) the date and nature of the crime on which the
1160+18 application for compensation is based;
1161+19 (4) the date and place where notification under
1162+20 Section 6.1 was given and to whom, or the date and place of
1163+21 issuance of an order of protection, no contact order,
1164+22 evidence of a legal proceeding involving human
1165+23 trafficking, or in cases of a law enforcement officer's
1166+24 use of force, another form of documentation allowable
1167+25 under Section 6.1 and the law enforcement officials to
1168+
1169+
1170+
1171+
1172+
1173+ SB3713 Enrolled - 33 - LRB103 37601 JRC 67727 b
1174+
1175+
1176+SB3713 Enrolled- 34 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 34 - LRB103 37601 JRC 67727 b
1177+ SB3713 Enrolled - 34 - LRB103 37601 JRC 67727 b
1178+1 whom notification of the crime was given;
1179+2 (4.5) if the victim is providing supplemental forms of
1180+3 documentation, that documentation, the date the victim
1181+4 obtained that other form of documentation and the type of
1182+5 documentation;
1183+6 (5) the nature and extent of the injuries sustained by
1184+7 the victim, and the names and addresses of those giving
1185+8 medical and hospitalization treatment to the victim;
1186+9 (6) the pecuniary loss to the applicant and to such
1187+10 other persons as are specified under item (2) resulting
1188+11 from the injury or death;
1189+12 (7) the amount of benefits, payments, or awards, if
1190+13 any, payable under:
1191+14 (a) the Workers' Compensation Act,
1192+15 (b) the Dram Shop Act,
1193+16 (c) any claim, demand, or cause of action based
1194+17 upon the crime-related injury or death,
1195+18 (d) the Federal Medicare program,
1196+19 (e) the State Public Aid program,
1197+20 (f) Social Security Administration burial
1198+21 benefits,
1199+22 (g) Veterans administration burial benefits,
1200+23 (h) life, health, accident, vehicle, towing, or
1201+24 liability insurance,
1202+25 (i) the Criminal Victims' Escrow Account Act,
1203+26 (j) the Sexual Assault Survivors Emergency
1204+
1205+
1206+
1207+
1208+
1209+ SB3713 Enrolled - 34 - LRB103 37601 JRC 67727 b
1210+
1211+
1212+SB3713 Enrolled- 35 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 35 - LRB103 37601 JRC 67727 b
1213+ SB3713 Enrolled - 35 - LRB103 37601 JRC 67727 b
1214+1 Treatment Act,
1215+2 (k) restitution, or
1216+3 (l) any other source;
1217+4 (8) releases authorizing the surrender to the Court of
1218+5 Claims or Attorney General of reports, documents and other
1219+6 information relating to the matters specified under this
1220+7 Act and rules promulgated in accordance with the Act;
1221+8 (9) such other information as the Court of Claims or
1222+9 the Attorney General reasonably requires.
1223+10 (b) The Attorney General may require that materials
1224+11 substantiating the facts stated in the application be
1225+12 submitted with that application.
1226+13 (b-5) The victim or applicant may provide to the Attorney
1227+14 General a sworn statement by the victim or applicant that
1228+15 attests to the victim's or applicant's experience of a crime
1229+16 or crimes of violence, in addition to documentation required
1230+17 under this Act. If the victim or applicant has additional
1231+18 corroborating evidence beyond those described in this Act, the
1232+19 victim or applicant may provide the following documents: law
1233+20 enforcement report; medical records; confirmation of sexual
1234+21 assault evidence collection; order of protection; civil no
1235+22 contact order, stalking no contact order; photographs; letter
1236+23 from a service provider who serves victims of crime; affidavit
1237+24 from a witness of the crime of violence; court record;
1238+25 military record; or any other corroborating evidence. Such
1239+26 documentation or statement may be used to supplement required
1240+
1241+
1242+
1243+
1244+
1245+ SB3713 Enrolled - 35 - LRB103 37601 JRC 67727 b
1246+
1247+
1248+SB3713 Enrolled- 36 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 36 - LRB103 37601 JRC 67727 b
1249+ SB3713 Enrolled - 36 - LRB103 37601 JRC 67727 b
1250+1 documentation to verify the incident but is not required. If
1251+2 an applicant is seeking an exception under subsection (b) or
1252+3 (c-1) of Section 6.1, the applicant shall provide any
1253+4 additional documentation, information, or statement that
1254+5 substantiates the facts stated in the application.
1255+6 (c) An applicant, on his or her own motion, may file an
1256+7 amended application or additional substantiating materials to
1257+8 correct inadvertent errors or omissions at any time before the
1258+9 original application has been disposed of by the Court of
1259+10 Claims or the Attorney General. In either case, the filing of
1260+11 additional information or of an amended application shall be
1261+12 considered for the purpose of this Act to have been filed at
1262+13 the same time as the original application.
1263+14 For claims submitted on or after January 1, 2022, an
1264+15 amended application or additional substantiating materials to
1265+16 correct inadvertent errors or omissions may be filed at any
1266+17 time before the original application is disposed of by the
1267+18 Attorney General or the Court of Claims.
1268+19 (d) Determinations submitted by the Attorney General to
1269+20 the Court of Claims shall be available to the Court of Claims
1270+21 for review. The Attorney General shall provide the sources and
1271+22 evidence relied upon as a basis for a compensation
1272+23 determination.
1273+24 (e) The changes made to this Section by this amendatory
1274+25 Act of the 101st General Assembly apply to actions commenced
1275+26 or pending on or after January 1, 2022.
1276+
1277+
1278+
1279+
1280+
1281+ SB3713 Enrolled - 36 - LRB103 37601 JRC 67727 b
1282+
1283+
1284+SB3713 Enrolled- 37 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 37 - LRB103 37601 JRC 67727 b
1285+ SB3713 Enrolled - 37 - LRB103 37601 JRC 67727 b
1286+1 (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21;
1287+2 102-905, eff. 1-1-23.)
1288+3 (740 ILCS 45/8.1) (from Ch. 70, par. 78.1)
1289+4 Sec. 8.1. If an applicant does not submit all materials
1290+5 substantiating his or her claim as requested of him or her by
1291+6 the Attorney General, the Attorney General shall notify the
1292+7 applicant in writing of the specific additional items of
1293+8 information or materials required and that he or she has 45
1294+9 days in which to furnish those items to the Attorney General.
1295+10 The Attorney General shall report an applicant's failure to
1296+11 comply within 45 days of the foregoing notice to the Court of
1297+12 Claims. No award of compensation shall be made for any portion
1298+13 of the applicant's claim that is not substantiated by the
1299+14 applicant. An applicant may request an extension of time from
1300+15 the Attorney General prior to the expiration of the 45-day
1301+16 period.
1302+17 After an application has been filed, an applicant's
1303+18 failure to respond to communication from the Office of the
1304+19 Attorney General or the Court of Claims or a failure to provide
1305+20 necessary documentation to substantiate the request for
1306+21 compensation may result in the claim being closed without
1307+22 compensation. An applicant may submit to have the claim
1308+23 reopened when the applicant is able to provide missing
1309+24 information and communicate regarding the claim.
1310+25 Failure to update the Office of the Attorney General with
1311+
1312+
1313+
1314+
1315+
1316+ SB3713 Enrolled - 37 - LRB103 37601 JRC 67727 b
1317+
1318+
1319+SB3713 Enrolled- 38 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 38 - LRB103 37601 JRC 67727 b
1320+ SB3713 Enrolled - 38 - LRB103 37601 JRC 67727 b
1321+1 changes to the applicant's contact information after the
1322+2 application is submitted to the Office of the Attorney General
1323+3 may result in applications that are not filed with the Court of
1324+4 Claims or claims that are closed without compensation.
1325+5 (Source: P.A. 102-27, eff. 1-1-22.)
1326+6 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
1327+7 Sec. 10.1. Award of compensation. The awarding of
1328+8 compensation and the amount of compensation to which an
1329+9 applicant and other persons are entitled shall be based on the
1330+10 following factors:
1331+11 (a) Each victim may be compensated for his or her
1332+12 pecuniary loss up to the maximum amount allowable.
1333+13 (b) Each dependent may be compensated for loss of
1334+14 support, as provided in paragraph (15) of subsection (h)
1335+15 of Section 2.
1336+16 (c) Any person, even though not dependent upon the
1337+17 victim for his or her support, may be compensated for
1338+18 reasonable expenses of the victim to the extent to which
1339+19 he or she has paid or become obligated to pay such expenses
1340+20 and only after compensation for reasonable funeral,
1341+21 medical and hospital expenses of the victim have been
1342+22 awarded may compensation be made for reasonable expenses
1343+23 of the victim incurred for psychological treatment of a
1344+24 mental or emotional condition caused or aggravated by the
1345+25 crime. Persons that have paid or become obligated to pay
1346+
1347+
1348+
1349+
1350+
1351+ SB3713 Enrolled - 38 - LRB103 37601 JRC 67727 b
1352+
1353+
1354+SB3713 Enrolled- 39 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 39 - LRB103 37601 JRC 67727 b
1355+ SB3713 Enrolled - 39 - LRB103 37601 JRC 67727 b
1356+1 expenses for a victim shall share the maximum award with
1357+2 the amount divided in proportion to the amount of the
1358+3 actual loss among those entitled to compensation.
1359+4 (d) Except for claims listed under subsection (d-1) of
1360+5 this Section, an An award shall be reduced or denied
1361+6 according to the extent to which the victim's injury or
1362+7 death was caused by provocation or incitement by the
1363+8 victim or the victim assisting, attempting, or committing
1364+9 a criminal act. A denial or reduction shall not
1365+10 automatically bar the survivors of homicide victims from
1366+11 receiving compensation for counseling, crime scene
1367+12 cleanup, relocation, funeral or burial costs, and loss of
1368+13 support if the survivor's actions have not initiated,
1369+14 provoked, or aggravated the suspect into initiating the
1370+15 qualifying crime.
1371+16 (d-1) For claims that a law enforcement officer's use
1372+17 of force resulted in injury or death to a victim, an award
1373+18 shall be reduced or denied to the extent by which the
1374+19 victim's behavior posed an imminent threat of death or
1375+20 serious bodily injury to the law enforcement officer or
1376+21 another person and such behavior of the victim was a
1377+22 direct and proximate cause of the victim's injury or
1378+23 death. If a police report has been made, the police report
1379+24 shall not be the sole factor if the Attorney General or
1380+25 Court of Claims has identified reliable information that
1381+26 conflicts with the police report.
1382+
1383+
1384+
1385+
1386+
1387+ SB3713 Enrolled - 39 - LRB103 37601 JRC 67727 b
1388+
1389+
1390+SB3713 Enrolled- 40 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 40 - LRB103 37601 JRC 67727 b
1391+ SB3713 Enrolled - 40 - LRB103 37601 JRC 67727 b
1392+1 (d-2) A person who is criminally responsible for the
1393+2 crime upon which a claim is based or an accomplice of such
1394+3 person shall not be eligible to receive an award with
1395+4 respect to such claim. A member of the family of a person
1396+5 criminally responsible for the crime upon which a claim is
1397+6 based or a member of the family of an accomplice of such
1398+7 person shall be eligible to receive an award, unless the
1399+8 person criminally responsible will receive substantial
1400+9 economic benefit or unjust enrichment from the
1401+10 compensation. In no event shall an applicant be denied
1402+11 compensation solely because of the applicant's or the
1403+12 victim's familial relationship with the offender or
1404+13 because of the sharing of a dwelling by the victim or
1405+14 applicant and the offender.
1406+15 (d-3) A denial or reduction shall not automatically
1407+16 bar the survivors of homicide victims from receiving
1408+17 compensation for counseling, crime scene cleanup,
1409+18 relocation, funeral or burial costs, and loss of support.
1410+19 (e) An award shall be reduced by the amount of
1411+20 benefits, payments or awards payable under those sources
1412+21 which are required to be listed under item (7) of Section
1413+22 7.1(a) and any other sources except annuities, pension
1414+23 plans, Federal Social Security payments payable to
1415+24 dependents of the victim and the net proceeds of the first
1416+25 $25,000 of life insurance that would inure to the benefit
1417+26 of the applicant, which the applicant or any other person
1418+
1419+
1420+
1421+
1422+
1423+ SB3713 Enrolled - 40 - LRB103 37601 JRC 67727 b
1424+
1425+
1426+SB3713 Enrolled- 41 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 41 - LRB103 37601 JRC 67727 b
1427+ SB3713 Enrolled - 41 - LRB103 37601 JRC 67727 b
1428+1 dependent for the support of a deceased victim, as the
1429+2 case may be, has received or to which he or she is entitled
1430+3 as a result of injury to or death of the victim.
1431+4 (f) A final award shall not exceed $10,000 for a crime
1432+5 committed prior to September 22, 1979, $15,000 for a crime
1433+6 committed on or after September 22, 1979 and prior to
1434+7 January 1, 1986, $25,000 for a crime committed on or after
1435+8 January 1, 1986 and prior to August 7, 1998, $27,000 for a
1436+9 crime committed on or after August 7, 1998 and prior to
1437+10 August 7, 2022, or $45,000 per victim for a crime
1438+11 committed on or after August 7, 2022. For any applicant
1439+12 who is not a victim, if the total pecuniary loss is greater
1440+13 than the maximum amount allowed, the award shall be
1441+14 divided in proportion to the amount of actual loss among
1442+15 those entitled to compensation who are not victims.
1443+16 (g) Compensation under this Act is a secondary source
1444+17 of compensation and the applicant must show that he or she
1445+18 has exhausted the benefits reasonably available under the
1446+19 Criminal Victims' Escrow Account Act or any governmental
1447+20 or medical or health insurance programs, including, but
1448+21 not limited to, Workers' Compensation, the Federal
1449+22 Medicare program, the State Public Aid program, Social
1450+23 Security Administration burial benefits, and Veterans
1451+24 Administration burial benefits, and life, health,
1452+25 accident, full vehicle coverage (including towing
1453+26 insurance, if available), or liability insurance.
1454+
1455+
1456+
1457+
1458+
1459+ SB3713 Enrolled - 41 - LRB103 37601 JRC 67727 b
1460+
1461+
1462+SB3713 Enrolled- 42 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 42 - LRB103 37601 JRC 67727 b
1463+ SB3713 Enrolled - 42 - LRB103 37601 JRC 67727 b
1464+1 Crowdfunding resources available to applicants are not
1465+2 considered collateral sources of payment, regardless of
1466+3 any statements made about what expenses the crowdfunding
1467+4 resources will be used to pay.
1468+5 (Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23;
1469+6 103-564, eff. 11-17-23.)
1470+7 (740 ILCS 45/18.5)
1471+8 Sec. 18.5. Restrictions on collection of debts incurred by
1472+9 crime victims.
1473+10 (a) Within 10 business days after the filing of a claim,
1474+11 the Office of the Attorney General shall issue an applicant a
1475+12 written notice of the crime victim compensation claim and
1476+13 inform the applicant that the applicant may provide a copy of
1477+14 the written notice to vendors to have debt collection
1478+15 activities cease while the claim is pending.
1479+16 (b) An applicant may provide a copy of the written notice
1480+17 to a vendor waiting for payment of a related debt. A vendor
1481+18 that receives notice of the filing of a claim under this Act
1482+19 with the Court of Claims or Attorney General must cease all
1483+20 debt collection activities against the applicant for a related
1484+21 debt. A vendor that assists an applicant to complete or submit
1485+22 an application for compensation or a vendor that submits a
1486+23 bill to the Office of the Attorney General has constructive
1487+24 notice of the filing of the claim and must not engage in debt
1488+25 collection activities against the applicant for a related
1489+
1490+
1491+
1492+
1493+
1494+ SB3713 Enrolled - 42 - LRB103 37601 JRC 67727 b
1495+
1496+
1497+SB3713 Enrolled- 43 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 43 - LRB103 37601 JRC 67727 b
1498+ SB3713 Enrolled - 43 - LRB103 37601 JRC 67727 b
1499+1 debt. If the Court of Claims or Attorney General awards
1500+2 compensation for the related debt, a vendor shall not engage
1501+3 in debt collection activities while payment is pending. If the
1502+4 Court of Claims denies compensation for a vendor's bill for
1503+5 the related debt or a portion thereof, the vendor may not
1504+6 engage in debt collection activities until 45 days after the
1505+7 date of notice from the Court of Claims or the Attorney General
1506+8 denying compensation in whole or in part.
1507+9 (c) A vendor that has notice of a compensation claim may:
1508+10 (1) submit a written request to the Attorney General for
1509+11 notification of the Attorney General's decision involving a
1510+12 related debt. The Attorney General shall provide notification
1511+13 of payment or denial of payment within 30 days of its decision;
1512+14 (2) submit a bill for a related debt to the Office of the
1513+15 Attorney General; and (3) contact the Office of the Attorney
1514+16 General to inquire about the status of the claim.
1515+17 (d) The statute of limitations for collection of a related
1516+18 debt is tolled upon the filing of the claim with the Court of
1517+19 Claims and all civil actions in court against the applicant
1518+20 for a related debt shall be stayed until 45 days after the
1519+21 Attorney General denies or the Court of Claims enters an order
1520+22 denying compensation for the related debt or portion thereof.
1521+23 (d-5) Any vendor that violates the provisions of this
1522+24 Section may be held liable to the affected victim or applicant
1523+25 in an action brought in a court of competent jurisdiction for
1524+26 such legal or equitable relief as may be appropriate to
1525+
1526+
1527+
1528+
1529+
1530+ SB3713 Enrolled - 43 - LRB103 37601 JRC 67727 b
1531+
1532+
1533+SB3713 Enrolled- 44 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 44 - LRB103 37601 JRC 67727 b
1534+ SB3713 Enrolled - 44 - LRB103 37601 JRC 67727 b
1535+1 effectuate the purposes of this Section.
1536+2 (e) As used in this Section:
1537+3 (1) "Crime victim" means a victim of a violent crime
1538+4 or an applicant as defined in this Act.
1539+5 (2) "Debt collection activities" means:
1540+6 (A) communicating with, harassing, or intimidating
1541+7 the crime victim for payment, including, but not
1542+8 limited to: ,
1543+9 (i) repeatedly calling or writing to the crime
1544+10 victim or applicant or his or her relatives or
1545+11 employers;
1546+12 (ii) calling or writing to the victim or
1547+13 applicant or his or her relatives or employers
1548+14 after an explicit request to cease contact; and
1549+15 (iii) threatening to refer the related debt to
1550+16 a debt collection agency or to an attorney for
1551+17 collection, enforcement, or the filing of other
1552+18 process;
1553+19 (B) contacting a credit ratings agency or
1554+20 distributing information to affect the crime victim's
1555+21 credit rating as a result of the related debt;
1556+22 (C) referring a bill, or portion thereof, to a
1557+23 collection agency or attorney for collection action
1558+24 against the crime victim; or
1559+25 (D) taking any other action adverse to the crime
1560+26 victim or his or her family on account of the related
1561+
1562+
1563+
1564+
1565+
1566+ SB3713 Enrolled - 44 - LRB103 37601 JRC 67727 b
1567+
1568+
1569+SB3713 Enrolled- 45 -LRB103 37601 JRC 67727 b SB3713 Enrolled - 45 - LRB103 37601 JRC 67727 b
1570+ SB3713 Enrolled - 45 - LRB103 37601 JRC 67727 b
1571+1 debt.
1572+2 "Debt collection activities" does not include billing
1573+3 insurance or other government programs, routine inquiries
1574+4 about coverage by private insurance or government
1575+5 programs, or routine billing that indicates that the
1576+6 amount is not due pending resolution of the crime victim
1577+7 compensation claim.
1578+8 (3) "Related debt" means a debt or expense for
1579+9 hospital, medical, dental, or counseling services incurred
1580+10 by or on behalf of a crime victim as a direct result of the
1581+11 crime.
1582+12 (4) "Vendor" includes persons, providers of service,
1583+13 vendors' agents, debt collection agencies, and attorneys
1584+14 hired by a vendor.
1585+15 (Source: P.A. 102-27, eff. 1-1-22.)
1586+
1587+
1588+
1589+
1590+
1591+ SB3713 Enrolled - 45 - LRB103 37601 JRC 67727 b