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| Public Act 100-1037 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Crime Victims Compensation Act is amended by | ||||
changing Section 6.1 as follows:
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(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
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Sec. 6.1. Right to compensation. A person is entitled to | ||||
compensation
under this Act if:
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(a) Within 2 years of the occurrence of the crime, or | ||||
within one year after a criminal charge of a person for an | ||||
offense, upon
which the claim
is based, he files an | ||||
application, under oath, with the Court of Claims and
on a | ||||
form prescribed in accordance with Section 7.1 furnished by | ||||
the
Attorney General. If the person entitled to | ||||
compensation is under 18 years
of age or under other legal | ||||
disability at the time of the occurrence or
is determined | ||||
by a court to be under a legal disability as a result of | ||||
the occurrence, he may file the
application required by | ||||
this subsection within 2 years after
he attains
the age of | ||||
18 years or the disability is removed, as the case may be. | ||||
Legal disability includes a diagnosis of posttraumatic | ||||
stress disorder.
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(b) For all crimes of violence, except those listed in | ||||
subsection (b-1) of this Section, the appropriate law | ||
enforcement officials were notified within
72 hours of the | ||
perpetration of the crime allegedly causing the death or
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injury to the victim or, in the event such notification was | ||
made more
than 72 hours after the perpetration of the | ||
crime, the applicant
establishes that such notice was | ||
timely under the circumstances.
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(b-1) For victims of offenses defined in Sections 10-9, | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, the appropriate law enforcement | ||
officials were notified within 7 days of the perpetration | ||
of the crime allegedly causing death or injury to the | ||
victim or, in the event that the notification was made more | ||
than 7 days after the perpetration of the crime, the | ||
applicant establishes that the notice was timely under the | ||
circumstances.
If the applicant or victim has obtained an | ||
order of protection, a civil no contact order, or a | ||
stalking no contact order, or has presented himself or | ||
herself to a hospital for sexual assault evidence | ||
collection and medical care, or is engaged in a legal | ||
proceeding involving a claim that the applicant or victim | ||
is a victim of human trafficking, such action shall | ||
constitute appropriate notification under this subsection | ||
(b-1) or subsection (b) of this Section. | ||
(c) The applicant has cooperated with law enforcement
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officials in the apprehension and prosecution of the | ||
assailant. If the applicant or victim has obtained an order | ||
of protection, a civil no contact order, or a stalking no | ||
contact order, or has presented himself or herself to a | ||
hospital for sexual assault evidence collection and | ||
medical care, or is engaged in a legal proceeding involving | ||
a claim that the applicant or victim is a victim of human | ||
trafficking, such action shall constitute cooperation | ||
under this subsection (c). If the victim is under 18 years | ||
of age at the time of the commission of the offense, the | ||
following shall constitute cooperation under this | ||
subsection (c):
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(1) the applicant or the victim files a police | ||
report with a law enforcement agency; | ||
(2) a mandated reporter reports the crime to law | ||
enforcement; or | ||
(3) a person with firsthand knowledge of the crime | ||
reports the crime to law enforcement. | ||
(d) The applicant is not the offender or an accomplice | ||
of the offender
and the award would not unjustly benefit | ||
the offender or his accomplice.
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(e) The injury to or death of the victim was not | ||
substantially attributable
to his own wrongful act and was | ||
not substantially provoked by the victim.
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(f) For victims of offenses defined in Section 10-9 of | ||
the Criminal Code of 2012, the victim submits a statement | ||
under oath on a form prescribed by the Attorney General | ||
attesting that the removed tattoo was applied in connection | ||
with the commission of the offense. | ||
(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18.)
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