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| Public Act 099-0444 | ||||
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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. The Crime Victims Compensation Act is amended by | ||||
adding Section 18.5 as follows: | ||||
(740 ILCS 45/18.5 new) | ||||
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 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 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 an order of the Court of Claims 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 Court of Claims for | ||
notification of the Court's decision involving a related | ||
debt. The 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 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.
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