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Public Act 102-0027
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| HB3295 Enrolled | LRB102 11554 JWD 16888 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. If and only if House Bill 3653 of the 101st |
General Assembly, as amended by Senate Amendment No. 2, |
becomes law, then the Crime Victims Compensation Act is |
amended by changing Sections 2, 4.1, 6.1, and 7.1 as follows:
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(740 ILCS 45/2) (from Ch. 70, par. 72)
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Sec. 2. Definitions. As used in this Act, unless the |
context
otherwise requires:
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(a) "Applicant" means any person who applies for |
compensation under this
Act or any person the Court of Claims |
or the Attorney General finds is entitled to compensation,
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including the guardian of a minor or of a person under legal |
disability. It
includes any person who was a dependent of a |
deceased victim of a crime of
violence for his or her support |
at the time of the death of that victim.
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The changes made to this subsection by this amendatory Act |
of the 101st General Assembly apply to actions commenced or |
pending on or after January 1, 2022 2021. |
(b) "Court of Claims" means the Court of Claims created by |
the Court
of Claims Act.
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(c) "Crime of violence" means and includes any offense |
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defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, |
12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, |
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, |
12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, |
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or |
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of |
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of |
the Cemetery Protection Act, Section 125 of the Stalking No |
Contact Order Act, Section 219 of the Civil No Contact Order |
Act, driving under
the influence as defined in Section
11-501 |
of the Illinois Vehicle Code, a violation of Section 11-401 of |
the Illinois Vehicle Code, provided the victim was a |
pedestrian or was operating a vehicle moved solely by human |
power or a mobility device at the time of contact, and a |
violation of Section 11-204.1 of the Illinois Vehicle Code; so |
long as the offense did not occur
during a civil riot, |
insurrection or rebellion. "Crime of violence" does not
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include any other offense or accident involving a motor |
vehicle except those
vehicle offenses specifically provided |
for in this paragraph. "Crime of
violence" does include all of |
the offenses specifically provided for in this
paragraph that |
occur within this State but are subject to federal |
jurisdiction
and crimes involving terrorism as defined in 18 |
U.S.C. 2331.
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(d) "Victim" means (1) a person killed or injured in this |
State as a
result of a crime of violence perpetrated or |
attempted against him or her,
(2) the
spouse, parent, or child |
of a person killed or injured in this State as a result of a |
crime of
violence perpetrated or attempted against the person, |
or anyone living in the household of a person killed or injured |
in a relationship that is substantially similar to that of a |
parent, spouse, or child, (3) a person killed
or injured in |
this State while attempting to assist a person against whom a
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crime of violence is being perpetrated or attempted, if that |
attempt of
assistance would be expected of a reasonable person |
under the circumstances,
(4) a person killed or injured in |
this State while assisting a law
enforcement official |
apprehend a person who has perpetrated a crime of
violence or |
prevent the perpetration of any such crime if that
assistance |
was in response to the express request of the law enforcement
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official, (5) a person who personally
witnessed a violent |
crime, (5.05) a person who will be called as a witness by the |
prosecution to establish a necessary nexus between the |
offender and the violent crime, (5.1) solely
for the purpose |
of compensating for pecuniary loss incurred for
psychological |
treatment of a mental or emotional condition caused or |
aggravated
by the crime, any other person under the age of 18 |
who is the brother, sister,
half brother, or half sister
of a |
person killed or injured in
this State as a
result of a crime |
of violence, (6) an Illinois resident
who is a victim of a |
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"crime of violence" as defined in this Act except, if
the crime |
occurred outside this State, the resident has the same rights
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under this Act as if the crime had occurred in this State upon |
a showing
that the state, territory, country, or political |
subdivision of a country
in which the crime occurred does not |
have a compensation of victims of
crimes law for which that |
Illinois resident is eligible, (7) a deceased person whose |
body is dismembered or whose remains are desecrated as the |
result of a crime of violence, or (8) solely for the purpose of |
compensating for pecuniary loss incurred for psychological |
treatment of a mental or emotional condition caused or |
aggravated by the crime, any parent, spouse, or child under |
the age of 18 of a deceased person whose body is dismembered or |
whose remains are desecrated as the result of a crime of |
violence.
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(e) "Dependent" means a relative of a deceased victim who |
was wholly or
partially dependent upon the victim's income at |
the time of his or her
death
and shall include the child of a |
victim born after his or her death.
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(f) "Relative" means a spouse, parent, grandparent, |
stepfather, stepmother,
child, grandchild, brother, |
brother-in-law, sister, sister-in-law, half
brother, half |
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone |
living in the household of a person killed or injured in a |
relationship that is substantially similar to that of a |
parent, spouse, or child.
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(g) "Child" means a son or daughter and includes a |
stepchild, an adopted child or a child born out of wedlock.
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(h) "Pecuniary loss" means, in the case of injury, |
appropriate medical
expenses and hospital expenses including |
expenses of medical
examinations, rehabilitation, medically |
required
nursing care expenses, appropriate
psychiatric care |
or psychiatric counseling expenses, appropriate expenses for |
care or
counseling by a licensed clinical psychologist, |
licensed clinical social
worker, licensed professional |
counselor, or licensed clinical professional counselor and |
expenses for treatment by Christian Science practitioners and
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nursing care appropriate thereto; transportation expenses to |
and from medical and counseling treatment facilities; |
prosthetic appliances, eyeglasses, and
hearing aids necessary |
or damaged as a result of the
crime; costs associated with |
trafficking tattoo removal by a person authorized or licensed |
to perform the specific removal procedure; replacement costs |
for clothing and bedding used as evidence; costs
associated |
with temporary lodging or relocation necessary as a
result of |
the crime, including, but not limited to, the first month's |
rent and security deposit of the dwelling that the claimant |
relocated to and other reasonable relocation expenses incurred |
as a result of the violent crime;
locks or windows necessary or |
damaged as a result of the crime; the purchase,
lease, or |
rental of equipment necessary to create usability of and
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accessibility to the victim's real and personal property, or |
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the real and
personal property which is used by the victim, |
necessary as a result of the
crime; the costs of appropriate |
crime scene clean-up;
replacement
services loss, to a maximum |
of $1,250 per month;
dependents replacement
services loss, to |
a maximum of $1,250 per month; loss of tuition paid to
attend |
grammar school or high school when the victim had been |
enrolled as a
student prior to the injury, or college or |
graduate school when
the victim had been enrolled as a day or |
night student prior to
the injury when the victim becomes |
unable to continue attendance at school
as a result of the |
crime of violence perpetrated against him or her; loss
of
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earnings, loss of future earnings because of disability |
resulting from the
injury, and, in addition, in the case of |
death, expenses for funeral, burial, and travel and transport |
for survivors
of homicide victims to secure bodies of deceased |
victims and to transport
bodies for burial all of which
may be |
awarded up to a maximum of $10,000 and loss of support of the |
dependents of
the victim; in the case of dismemberment or |
desecration of a body, expenses for funeral and burial, all of |
which may be awarded up to a maximum of $10,000.
Loss of future |
earnings shall be reduced by any income from substitute work
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actually performed by the victim or by income he or she would |
have earned
in
available appropriate substitute work he or she |
was capable of performing
but
unreasonably failed to |
undertake. Loss of earnings, loss of future
earnings and loss |
of support shall be determined on the basis of the
victim's |
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average net monthly earnings for the 6 months immediately
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preceding the date of the injury or on $2,400 per month, |
whichever is less or, in cases where the absences commenced |
more than 3 years from the date of the crime, on the basis of |
the net monthly earnings for the 6 months immediately |
preceding the date of the first absence, not to exceed $2,400 |
per month.
If a divorced or legally separated applicant is |
claiming loss of support
for a minor child of the deceased, the |
amount of support for each child
shall be based either on the |
amount of support
pursuant to the judgment prior to the date of |
the deceased
victim's injury or death, or, if the subject of |
pending litigation filed by
or on behalf of the divorced or |
legally separated applicant prior to the
injury or death, on |
the result of that litigation. Real and personal
property |
includes, but is not limited to, vehicles, houses, apartments,
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town houses, or condominiums. Pecuniary loss does not
include |
pain and suffering or property loss or damage.
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The changes made to this subsection by this amendatory Act |
of the 101st General Assembly apply to actions commenced or |
pending on or after January 1, 2022 2021. |
(i) "Replacement services loss" means expenses reasonably |
incurred in
obtaining ordinary and necessary services in lieu |
of those the
injured person would have performed, not for |
income, but for the benefit
of himself or herself or his or her |
family, if he or she had not
been injured.
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(j) "Dependents replacement services loss" means loss |
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reasonably incurred
by dependents or private legal guardians |
of minor dependents after a victim's death in obtaining |
ordinary and necessary
services in lieu of those the victim |
would have performed, not for income,
but for their benefit, |
if he or she had not been fatally injured.
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(k) "Survivor" means immediate family including a parent, |
stepfather, stepmother, child,
brother, sister, or spouse.
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(l) "Parent" means a natural parent, adopted parent, |
stepparent, or permanent legal guardian of another person. |
(m) "Trafficking tattoo" is a tattoo which is applied to a |
victim in connection with the commission of a violation of |
Section 10-9 of the Criminal Code of 2012. |
(Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19; |
10100HB3653sam002.)
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(740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
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Sec. 4.1.
In addition to other powers and duties set forth |
in this Act
and other powers exercised by the Attorney |
General, the Attorney General
shall: |
(1) investigate all claims and prepare and present an |
investigatory report and a draft award determination to |
the Court of Claims for a review period of 28 business |
days; |
(2) upon conclusion of the review by the Court of |
Claims, provide the applicant with a compensation |
determination letter; |
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(3) prescribe and furnish all applications and other |
forms required to be filed in the office
of the Attorney |
General by the terms of this Act; and |
(4) represent the interests
of the State of Illinois |
in any hearing before the Court of Claims.
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The changes made to this Section by this amendatory Act of |
the 101st General Assembly apply to actions commenced or |
pending on or after January 1, 2022 2021. |
(Source: P.A. 97-817, eff. 1-1-13; 10100HB3653sam002.)
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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 5 years of the occurrence of the crime, or |
within one year after a criminal charge of a person for an |
offense, upon
which the claim
is based, the applicant |
presents an application, under oath, to the Attorney |
General that is filed with the Court of Claims and
on a |
form prescribed in accordance with Section 7.1 furnished |
by the
Attorney General. If the person entitled to |
compensation is under 18 years
of age or under other legal |
disability at the time of the occurrence or
is determined |
by a court to be under a legal disability as a result of |
the occurrence, he or she may present the
application |
required by this subsection within 3 years after
he or she |
attains
the age of 18 years or the disability is removed, |
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as the case may be. Legal disability includes a diagnosis |
of posttraumatic stress disorder.
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(a-1) The Attorney General and the Court of Claims may |
accept an application presented after the period provided |
in subsection (a) if the Attorney General determines that |
the applicant had good cause for a delay. |
(b) For all crimes of violence, except those listed in |
subsection (b-1) of this Section, the appropriate law |
enforcement officials were notified within
72 hours of the |
perpetration of the crime allegedly causing the death or
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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, |
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has presented himself or herself to a hospital for medical |
care or sexual assault evidence collection, or is engaged |
in a legal proceeding involving a claim that the applicant |
or victim is a victim of human trafficking, such action |
shall constitute appropriate notification under this |
subsection (b-1) or subsection (b) of this Section. |
(c) The applicant has cooperated with law enforcement
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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, has presented himself or |
herself to a hospital for medical care or sexual assault |
evidence collection, or is engaged in a legal proceeding |
involving a claim that the applicant or victim is a victim |
of human trafficking, such action shall constitute |
cooperation under this subsection (c). If the victim is |
under 18 years of age at the time of the commission of the |
offense, the following shall constitute cooperation under |
this subsection (c):
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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 |
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of the offender
and the award would not unjustly benefit |
the offender or his accomplice.
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(e) (Blank).
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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. |
(g) In determining whether cooperation has been |
reasonable, the Attorney General and Court of Claims may |
consider the victim's age, physical condition, |
psychological state, cultural or linguistic barriers, and |
compelling health and safety concerns, including, but not |
limited to, a reasonable fear of retaliation or harm that |
would jeopardize the well-being of the victim or the |
victim's family, and giving due consideration to the |
degree of cooperation that the victim or derivative victim |
is capable of in light of the presence of any of these |
factors, or any other factor the Attorney General |
considers relevant. |
The changes made to this Section by this amendatory Act of |
the 101st General Assembly apply to actions commenced or |
pending on or after January 1, 2022 2021. |
(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18; |
100-1037, eff. 1-1-19; 10100HB3653sam002.)
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(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
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Sec. 7.1. (a) The application shall set out:
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(1) the name and address of the victim;
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(2) if the victim is deceased, the name and address of |
the applicant
and his or her relationship to the victim, |
the names and addresses of other
persons dependent on the |
victim for their support and the extent to
which each is so |
dependent, and other persons who may be entitled to
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compensation for a pecuniary loss;
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(3) the date and nature of the crime on which the |
application for
compensation is based;
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(4) the date and place where and the law enforcement |
officials to
whom notification of the crime was given;
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(5) the nature and extent of the injuries sustained by |
the victim,
and the names and addresses of those giving |
medical and hospitalization
treatment to the victim;
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(6) the pecuniary loss to the applicant and to such |
other persons as
are specified under item (2) resulting |
from the injury or death;
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(7) the amount of benefits, payments, or awards, if |
any, payable
under:
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(a) the Workers' Compensation Act,
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(b) the Dram Shop Act,
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(c) any claim, demand, or cause of action based |
upon the
crime-related injury or death,
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(d) the Federal Medicare program,
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(e) the State Public Aid program,
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(f) Social Security Administration burial |
benefits,
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(g) Veterans administration burial benefits,
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(h) life, health, accident or liability insurance,
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(i) the Criminal Victims' Escrow Account Act,
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(j) the Sexual Assault Survivors Emergency |
Treatment Act, |
(k) restitution, or |
(l) any other source;
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(8) releases authorizing the surrender to the Court of |
Claims or
Attorney General of reports, documents and other |
information relating to
the matters specified under this |
Act and rules promulgated in accordance
with the Act;
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(9) such other information as the Court of Claims or |
the Attorney
General reasonably requires.
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(b) The Attorney General may require that materials |
substantiating
the facts stated in the application be |
submitted with that application.
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(c) An applicant, on his or her own motion, may file an |
amended application
or additional substantiating materials to |
correct inadvertent errors or
omissions at any time before the |
original application has been disposed
of by the Court of |
Claims or the Attorney General. In either case, the filing of |
additional
information or of an amended application shall be |
considered for the
purpose of this Act to have been filed at |
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the same time as the original
application.
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For claims submitted on or after January 1, 2022 2021, an |
amended application or additional substantiating materials to |
correct inadvertent errors or omissions may be filed at any |
time before the original application is disposed of by the |
Attorney General or the Court of Claims. |
(d) Determinations submitted by the Attorney General to |
the Court of Claims shall be available to the Court of Claims |
for review. The Attorney General shall provide the sources and |
evidence relied upon as a basis for a compensation |
determination. |
(e) The changes made to this Section by this amendatory |
Act of the 101st General Assembly apply to actions commenced |
or pending on or after January 1, 2022 2021. |
(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13; |
10100HB3653sam002.)
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Section 10. The Crime Victims Compensation Act is amended |
by changing Sections 8.1, 9.1, 10.1, 10.2, 12, 12.1, 13.1, 15, |
16, 18, 18.5, and 20 as follows:
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(740 ILCS 45/8.1) (from Ch. 70, par. 78.1)
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Sec. 8.1.
If an applicant does not submit all materials |
substantiating
his or her claim as requested of him or her by |
the Attorney General, the Attorney General
shall notify the |
applicant in writing of the specific additional items
of |
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information or materials required and that he or she has 45 30 |
days in which to
furnish those items to the Attorney General. |
The Attorney General shall
report an applicant's failure to |
comply within 45 30 days of the foregoing
notice to the Court |
of Claims. No award of compensation shall be made for
any |
portion of the applicant's claim that is not substantiated by |
the applicant.
An applicant may request an extension of time |
from the Attorney General
prior to the expiration of the |
45-day 30 day period.
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(Source: P.A. 81-1013.)
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(740 ILCS 45/9.1) (from Ch. 70, par. 79.1)
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Sec. 9.1.
In determining whether an applicant is entitled |
to compensation, the Attorney General and Court of Claims |
shall consider the facts stated in the application and other |
material and information. However, the Attorney General and |
Court of Claims need not consider whether the alleged |
assailant has been apprehended. In reviewing a determination |
by the Attorney General, the Court of Claims shall consider |
the facts stated in the application and
other material and |
information submitted and the report of the Attorney
General. |
However, the Court of Claims need not consider whether or not
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the alleged assailant has been apprehended.
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(Source: P.A. 81-1013.)
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(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
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Sec. 10.1. Amount of compensation. The amount of |
compensation to which
an applicant and other persons are |
entitled shall be based on the
following factors:
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(a) A victim may be compensated for his or her pecuniary |
loss.
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(b) A dependent may be compensated for loss of support.
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(c) Any person, even though not dependent upon the victim |
for his or her
support, may be compensated for reasonable
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expenses of the victim to the extent to which he or she has |
paid or become
obligated to pay such expenses and only after |
compensation for reasonable
funeral, medical and hospital |
expenses of the victim have been awarded may
compensation be |
made for reasonable expenses of the victim incurred for
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psychological treatment of a mental or emotional condition |
caused or
aggravated by the crime.
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(d) An award shall be reduced or denied according to the |
extent to which
the victim's injury or death was caused by |
provocation or incitement by the victim or the victim |
assisting, attempting, or committing a criminal act. A denial |
or reduction shall not automatically bar the survivors of |
homicide victims from receiving compensation for counseling, |
crime scene cleanup, relocation, funeral or burial costs, and |
loss of support if the survivor's actions have not initiated, |
provoked, or aggravated the suspect into initiating the |
qualifying crime. acts or conduct provoked or contributed to |
his or her injury
or death, or the extent to which any prior |
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criminal conviction or conduct
of the victim may have directly |
or indirectly contributed to the injury or
death of the |
victim.
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(e) An award shall be reduced by the amount of benefits, |
payments
or awards payable under those sources which are |
required to be listed
under item (7) of Section 7.1(a) and any |
other sources except annuities,
pension plans, Federal Social |
Security payments payable to dependents
of the victim and the |
net proceeds of the first $25,000 of life
insurance that would |
inure to the benefit of the applicant, which the
applicant or |
any other person dependent for the support of a deceased
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victim, as the case may be, has received or to which he or she |
is entitled
as a result of injury to or death of the victim.
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(f) A final award shall not exceed $10,000 for a crime |
committed prior to
September 22, 1979, $15,000 for a crime |
committed on or after September 22,
1979 and prior to January |
1, 1986, $25,000 for a crime committed on or after
January 1, |
1986 and prior to August 7, 1998, or $27,000 for a crime |
committed on or after August
7, 1998 and prior to August 7, |
2022, or $45,000 for a crime committed on or after August 7, |
2022. If the total
pecuniary loss is greater than the maximum |
amount allowed, the award shall be
divided in proportion to |
the amount of actual loss among those entitled to
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compensation.
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(g) Compensation under this Act is a secondary source of |
compensation
and the applicant must show that he or she has |
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exhausted the benefits
reasonably available under the Criminal |
Victims' Escrow Account Act or any
governmental or medical or |
health insurance programs, including but not
limited to |
Workers' Compensation, the Federal Medicare program, the State
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Public Aid program, Social Security Administration burial |
benefits,
Veterans Administration burial benefits, and life, |
health, accident or
liability insurance.
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(Source: P.A. 97-817, eff. 1-1-13.)
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(740 ILCS 45/10.2)
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Sec. 10.2. Emergency awards.
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(a) If it appears, prior to taking action on an |
application, that the claim
is one for which compensation is |
probable, and undue hardship will result to
the applicant if |
immediate payment is not made, the Attorney General may
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recommend and the Court may make an emergency award of |
compensation to the
applicant, pending a final decision in the |
case, provided the amount of
emergency compensation does not |
exceed $2,000. Emergency awards may be issued to the applicant |
for the purpose of paying funeral and burial expenses directly |
to a funeral home and for relocation expenses incurred by an |
applicant. The
amount of emergency
compensation shall be |
deducted from any final award made as a result of the
claim.
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The full amount of the emergency award if no final award is |
made shall be
repaid by the applicant to the State of Illinois.
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(b) Emergency award applicants must satisfy all |
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requirements under Section
6.1 of this Act.
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(Source: P.A. 97-817, eff. 1-1-13.)
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(740 ILCS 45/12) (from Ch. 70, par. 82)
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Sec. 12.
No fee may be charged to the applicant in any |
proceeding under
this Act except as provided in this Act. If |
the applicant is represented
by counsel or some other duly |
authorized agent in making application under
this Act or in |
any further proceedings provided for in this Act, that counsel
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or agent may receive no payment for his or her services in |
preparing or presenting
the application before the Court of |
Claims or the Attorney General. He or she may, however, charge |
fees
to the applicant for representing him or her at a hearing |
provided for in this
Act but only in such an amount as the |
Court of Claims or the Attorney General determines to be |
reasonable.
|
(Source: P.A. 78-359.)
|
(740 ILCS 45/12.1) (from Ch. 70, par. 82.1)
|
Sec. 12.1.
The Court of Claims may, after without a |
hearing, make an award to
a person who has filed an application |
or any other person it finds is entitled
to compensation, |
including the guardian or conservator of a minor or |
incompetent,
based upon the application, the other information |
and materials submitted
with the application, and the report |
of the Attorney General.
|
|
(Source: P.A. 81-1013.)
|
(740 ILCS 45/13.1) (from Ch. 70, par. 83.1)
|
Sec. 13.1.
(a) A hearing before a Commissioner of the |
Court of Claims shall
be held for those claims in which:
|
(1) the Court of Claims on its own motion sets a |
hearing;
|
(2) the Attorney General petitions the Court of Claims |
for a hearing;
|
(3) a claim has been disposed of without a hearing and |
an applicant
has been denied compensation or has been |
awarded compensation which he or she thinks
is inadequate |
and he or she petitions the Court of Claims for a hearing |
within
30 days of the date of issuance of the |
determination order sought to be reviewed. The
petition |
shall set forth the reasons for which review is sought and |
a recitation
of any additional evidence the applicant |
desires to present to the Court.
A copy of the petition |
shall be provided to the Attorney General. Documentation |
to be presented at a hearing of the Court of Claims must be |
submitted to the Attorney General at least 10 working days |
before the hearing date. Failure to do so may result in a |
continuance of the hearing.
|
(b) At hearings held under this Act before Commissioners |
of the Court
of Claims, any statement, document, information |
or matter may be received
in evidence if in the opinion of the |
|
Court or its Commissioner such evidence
would contribute to |
reaching a decision on a determination of the claim, |
regardless of whether
such evidence would be admissible in a |
court of law.
|
(c) Petition for rehearing. |
(1) The Court of Claims may order a rehearing of a |
matter decided after a hearing, if, in reaching its |
decision: |
(A) the court has overlooked, misapplied, or |
failed to consider a statute, decision, or directly |
controlling principle; |
(B) the court has overlooked or misconceived some |
material fact or proposition of law; or |
(C) the court has overlooked or misconceived a |
material question in the case. |
(2)
A rehearing may not be granted if it is sought |
merely for the purpose of obtaining a reargument on and |
reconsideration of matters which have already been fully |
considered by the court. |
(3) The petition shall specify which of the grounds in |
paragraph (1) of this subsection (c) exists and shall |
specifically designate that portion of the opinion, or the |
record, or that particular authority, which the petitioner |
wishes the court to consider. A copy of the petition shall |
be served on the opposing party. No petition for rehearing |
shall exceed 10 typewritten pages. No memoranda or briefs |
|
in support of a petition for rehearing, and no response to |
a petition for rehearing, shall be received unless |
requested by the court. |
(Source: P.A. 97-817, eff. 1-1-13.)
|
(740 ILCS 45/15) (from Ch. 70, par. 85)
|
Sec. 15.
At When disposition is made without a hearing or |
at the conclusion
of a hearing held under this Act, the Court |
of Claims shall enter an order
stating (1) its findings of |
fact, (2) its decision as to whether or not
compensation is due |
under this Act, (3) the amount of compensation, if any,
which |
is due under this Act, (4) whether disbursement of the |
compensation
awarded is to be made in a lump sum or in periodic |
payments, and (5) the
person or persons to whom the |
compensation should be paid.
|
(Source: P.A. 81-1013.)
|
(740 ILCS 45/16) (from Ch. 70, par. 86)
|
Sec. 16.
The Court of Claims, on its own motion or upon the |
written request
of any applicant, may modify an award of |
compensation made under this Act
or reconsider a denial of |
compensation. No hearing need be held, however,
unless the |
written request states facts which were not known to the |
applicant or by the
exercise of reasonable diligence could not |
have been ascertained by him or her
at the time of the entry of |
the order or determination sought to be modified and which |
|
would
have directly affected the determination of whether or |
not compensation
should be awarded and, if so, the amount of |
that compensation.
|
(Source: P.A. 81-1013.)
|
(740 ILCS 45/18) (from Ch. 70, par. 88)
|
Sec. 18. Claims against awards.
|
(a) An award is not subject to
enforcement,
attachment, |
garnishment, or other process, except that an award is not |
exempt
from a claim of a creditor to the extent that he or she |
provided products,
services, or accommodations the costs of |
which are included in the award.
|
(b) An assignment or agreement to assign a right to |
compensation for loss
accruing in the future is unenforceable, |
except:
|
(1) an assignment of a right to compensation for work |
loss to secure
payment of maintenance or child support; or
|
(2) an assignment of a right
to compensation to the |
extent of the cost of products, services, or
|
accommodations
necessitated by the injury or death on |
which the claim is based and are
provided or to be provided |
by the assignee.
|
(c) The Attorney General may determine or the court may |
order that all or a portion of an award be paid jointly
to the |
applicant and another person or solely and directly to another
|
person to the extent that such other person
has provided |
|
products, services or accommodations, the costs of which are
|
included in the award, or to another person to the extent that |
such other person paid or became obligated to pay expenses |
incurred by the victim or applicant.
|
(d) If an award under subsection (c) of this Section is |
offset by the
Comptroller, pursuant to the Uncollected State |
Claims Act, the intended
individual or entity must credit the |
applicant's or
victim's account for the amount ordered by the |
Court of Claims, and the
intended individual or entity is
|
prohibited from pursuing payment from the applicant or victim
|
for any portion that is offset. The Comptroller shall provide |
notice as
provided in Section 10.05 of the State Comptroller |
Act.
|
(Source: P.A. 97-817, eff. 1-1-13.)
|
(740 ILCS 45/18.5) |
Sec. 18.5. Restrictions on collection of debts incurred by |
crime victims. |
(a) Within 10 business days after the filing of a claim, |
the Office of the Attorney General shall issue an applicant a |
written notice of the crime victim compensation claim and |
inform the applicant that the applicant may provide a copy of |
the written notice to vendors to have debt collection |
activities cease while the claim is pending. |
(b) An applicant may provide a copy of the written notice |
to a vendor waiting for payment of a related debt. A vendor |
|
that receives notice of the filing of a claim under this Act |
with the Court of Claims or Attorney General must cease all |
debt collection activities against the applicant for a related |
debt. A vendor that assists an applicant to complete or submit |
an application for compensation or a vendor that submits a |
bill to the Office of the Attorney General has constructive |
notice of the filing of the claim and must not engage in debt |
collection activities against the applicant for a related |
debt. If the Court of Claims or Attorney General awards |
compensation for the related debt, a vendor shall not engage |
in debt collection activities while payment is pending. If the |
Court of Claims denies compensation for a vendor's bill for |
the related debt or a portion thereof, the vendor may not |
engage in debt collection activities until 45 days after the |
date of notice from an order of the Court of Claims or the |
Attorney General denying compensation in whole or in part. |
(c) A vendor that has notice of a compensation claim may: |
(1) submit a written request to the Attorney General |
Court of Claims for notification of the Attorney General's |
Court's decision involving a related debt. The Attorney |
General Court of Claims shall provide notification of |
payment or denial of payment within 30 days of its |
decision; |
(2) submit a bill for a related debt to the Office of |
the Attorney General; and |
(3) contact the Office of the Attorney General to |
|
inquire about the status of the claim. |
(d) The statute of limitations for collection of a related |
debt is tolled upon the filing of the claim with the Court of |
Claims and all civil actions in court against the applicant |
for a related debt shall be stayed until 45 days after the |
Attorney General denies or the Court of Claims enters an order |
denying compensation for the related debt or portion thereof. |
(e) As used in this Section: |
(1) "Crime victim" means a victim of a violent crime |
or an applicant as defined in this Act. |
(2) "Debt collection activities" means: |
(A) communicating with, harassing, or intimidating |
the crime victim for payment, including, but not |
limited to, repeatedly calling or writing to the crime |
victim and threatening to refer the related debt to a |
debt collection agency or to an attorney for |
collection, enforcement, or the filing of other |
process; |
(B) contacting a credit ratings agency or |
distributing information to affect the crime victim's |
credit rating as a result of the related debt; |
(C) referring a bill, or portion thereof, to a |
collection agency or attorney for collection action |
against the crime victim; or |
(D) taking any other action adverse to the crime |
victim or his or her family on account of the related |
|
debt. |
"Debt collection activities" does not include billing |
insurance or other government programs, routine inquiries |
about coverage by private insurance or government |
programs, or routine billing that indicates that the |
amount is not due pending resolution of the crime victim |
compensation claim. |
(3) "Related debt" means a debt or expense for |
hospital, medical, dental, or counseling services incurred |
by or on behalf of a crime victim as a direct result of the |
crime. |
(4) "Vendor" includes persons, providers of service, |
vendors' agents, debt collection agencies, and attorneys |
hired by a vendor.
|
(Source: P.A. 99-444, eff. 1-1-16.)
|
(740 ILCS 45/20) (from Ch. 70, par. 90)
|
Sec. 20.
(a) In addition to any other civil liability or |
criminal penalties
provided by law, a person who the Court of |
Claims or the Attorney General finds has willfully misstated
|
or omitted facts relevant to the determination of whether |
compensation is due
under this Act or of the amount of that |
compensation, whether in making
application for compensation |
or in the further proceedings provided for
in this Act, shall |
be denied compensation under this Act.
|
(b) A person who is convicted of having willfully |