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Public Act 92-0286
HB1814 Enrolled LRB9203512OBpr
AN ACT concerning crime victims.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Court of Claims Act is amended by
changing Section 16 as follows:
(705 ILCS 505/16) (from Ch. 37, par. 439.16)
Sec. 16. Concurrence of judges. Concurrence of 4 judges
is necessary to the decision of any case; provided, however,
the court in its discretion may assign any case to a
commissioner for hearing and final decision, subject to
whatever right of review the court by rule may choose to
exercise. In matters involving the award of emergency funds
under the Crime Victims Compensation Act, the decision of one
judge is necessary to award emergency funds.
(Source: P.A. 84-1240.)
Section 10. The Violent Crime Victims Assistance Act is
amended by changing Sections 4 and 5 as follows:
(725 ILCS 240/4) (from Ch. 70, par. 504)
Sec. 4. Advisory Commission created. There is created a
Violent Crimes Advisory Commission, hereinafter called the
Advisory Commission, consisting of 18 16 members: the
Attorney General, or his or her designee who shall serve as
Chairperson; the Illinois Secretary of State or his or her
designee; the Chief Justice of the Court of Claims or his or
her designee; the Director of Children and Family Services; 2
members of the House of Representatives, 1 to be appointed by
the Speaker of the House and 1 to be appointed by the
Minority Leader of the House; 2 members of the Senate, 1 to
be appointed by the President of the Senate and 1 to be
appointed by the Minority Leader of the Senate; and the
following to be appointed by the Attorney General: 1 police
officer; 1 State's Attorney from a county in Illinois; 1
health services professional possessing experience and
expertise in dealing with the victims of violent crime; one
person who is employed as an administrator at a public or
private institution of higher education; one person who is
enrolled as a student at a public or private institution of
higher education; and 5 members of the public, one of whom
shall be a senior citizen age 60 or over, possessing
experience and expertise in dealing with victims of violent
crime, including experience with victims of domestic and
sexual violence. The members of the Advisory Commission
shall be appointed biennially for terms expiring on July 1 of
each succeeding odd-numbered year and shall serve until their
respective successors are appointed or until termination of
their legislative service, whichever first occurs. The
members of the Commission shall receive no compensation for
their services but shall be reimbursed for necessary expenses
incurred in the performance of their duties. Vacancies
occurring because of death or resignation shall be filled by
the appointing authority for the group in which the vacancy
occurs.
Nine Eight members of the Advisory Commission shall
constitute a quorum for the transaction of business, and the
concurrence of at least 9 8 members shall be necessary to
render a determination, decision or recommendation by the
Advisory Committee. In addition to the Attorney General, who
shall serve as Chairperson, the Advisory Commission may
select such other officers as it deems necessary.
(Source: P.A. 90-762, eff. 8-14-98.)
(725 ILCS 240/5) (from Ch. 70, par. 505)
Sec. 5. Advisory Commission - General responsibilities.
(a) The Advisory Commission shall have the following
responsibilities:
(1) To study the operation of all Illinois laws,
practices, agencies and organizations which affect victims of
crime including but not limited to the Crime Victims
Compensation Act;
(2) To promote and conduct studies, research, analysis
and investigation of matters affecting the interests of crime
victims;
(3) To recommend legislation to develop and improve
policies which promote the recognition of the legitimate
rights, needs and interests of crime victims;
(4) To serve as a clearinghouse for public information
relating to crime victims' problems and programs;
(5) To coordinate, monitor and evaluate the activities
of programs operating under this Act;
(6) To make any necessary outreach efforts to encourage
the development and maintenance of services throughout the
State, with special attention to the regions and
neighborhoods with the greatest need for victim assistance
services;
(7) To perform other activities, in cooperation with the
Attorney General, which the Advisory Commission considers
useful to the furtherance of the stated legislative intent;
(8) To make an annual report to the General Assembly.
(b) The Advisory Committee may also perform any of the
functions enumerated in subparagraph (a) of this section
relative to witnesses to crime.
(Source: P.A. 83-908.)
Section 15. The Criminal Code of 1961 is amended by
adding Section 17-5.5 as follows:
(720 ILCS 5/17-5.5 new)
Sec. 17-5.5. Unlawful attempt to collect compensated
debt against a crime victim.
(a) As used in this Section, "crime victim" means a
victim of a violent crime or applicant as defined in the
Crime Victims Compensation Act.
"Compensated debt" means a debt incurred by or on behalf
of a crime victim and approved for payment by the Court of
Claims under the Crime Victims Compensation Act.
(b) A person or a vendor commits the offense of unlawful
attempt to collect a compensated debt against a crime victim
when, with intent to collect funds for a debt incurred by or
on behalf of a crime victim, which debt has been approved for
payment by the Court of Claims under the Crime Victims
Compensation Act, but the funds are involuntarily withheld
from the person or vendor by the Comptroller by virtue of an
outstanding obligation owed by the person or vendor to the
State under the Uncollected State Claims Act, the person or
vendor:
(1) communicates with, harasses, or intimidates the
crime victim for payment;
(2) contacts or distributes information to affect
the compensated crime victim's credit rating as a result
of the compensated debt; or
(3) takes any other action adverse to the crime
victim or his or her family on account of the compensated
debt.
(c) Unlawful attempt to collect a compensated debt
against a crime victim is a Class A misdemeanor.
(d) Nothing in this Act prevents the attempt to collect
an uncompensated debt or an uncompensated portion of a
compensated debt incurred by or on behalf of a crime victim
and not covered under the Crime Victims Compensation Act.
Section 20. The Crime Victims Compensation Act is
amended by changing Sections 6.1, 17, and 18, and adding
Section 10.2 as follows:
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
Sec. 6.1. Right to compensation. A person is entitled
to compensation under this Act if:
(a) Within 2 years one year of the occurrence of the
crime 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 becomes legally disabled as a result of the
occurrence, he may file the application required by this
subsection within 2 years one year after he attains the age
of 18 years or the disability is removed, as the case may be.
Upon good cause shown, the Court of Claims may extend the
time for filing the application for a period not exceeding
one year. The Court of Claims may by general orders provide
for the extensions of time to file applications.
(b) The appropriate law enforcement officials were
notified within 72 hours of the perpetration of the crime
allegedly causing the death or 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.
(c) The applicant has cooperated fully with law
enforcement officials in the apprehension and prosecution of
the assailant.
(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.
(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.
(Source: P.A. 86-1009; 86-1221.)
(740 ILCS 45/10.2 new)
Sec. 10.2. Emergency awards.
(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
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. The amount of emergency compensation for
funeral and burial expenses may not exceed $1,000. The amount
of emergency compensation shall be deducted from any final
award made as a result of the claim. The full amount of the
emergency award if no final award is made shall be repaid by
the applicant to the State of Illinois.
(b) Emergency award applicants must satisfy all
requirements under Section 6.1 of this Act.
(740 ILCS 45/17) (from Ch. 70, par. 87)
Sec. 17. (a) Subrogation. The Court of Claims may award
compensation on the condition that the applicant subrogate to
the State his rights to collect damages from the assailant or
any third party who may be liable in damages to the
applicant. In such a case the Attorney General may, on
behalf of the State, bring an action against an assailant or
third party for money damages, but must first notify the
applicant and give him an opportunity to participate in the
prosecution of the action. The excess of the amount
recovered in such action over the amount of the compensation
offered and accepted or awarded under this Act plus costs of
the action and attorneys' fees actually incurred shall be
paid to the applicant.
(b) Nothing in this Act affects the right of the
applicant to seek civil damages from the assailant and any
other party, but that applicant must give written notice to
the Attorney General of the making of a claim or the filing
of an action for such damages. Failure to notify the Attorney
General of such claims and actions at the time they are
instituted or at the time an application is filed is a
willful omission of fact and the applicant thereby becomes
subject to the provisions of Section 20 of this Act.
(c) The State has a charge for the amount of
compensation paid under this Act upon all claims or causes of
action against an assailant and any other party to recover
for the injuries or death of a victim which were the basis
for that payment of compensation. At the time compensation
is ordered to be paid under this Act, the Court of Claims
shall give written notice of this charge to the applicant.
The charge attaches to any verdict or judgment entered and to
any money or property which is recovered on account of the
claim or cause of action against the assailant or any other
party after the notice is given. On petition filed by the
Attorney General on behalf of the State or by the applicant,
the circuit court, on written notice to all interested
parties, shall adjudicate the right of the parties and
enforce the charge. This subsection does not affect the
priority of a lien under "AN ACT creating attorney's lien and
for enforcement of same", filed June 16, 1909, as amended.
(d) Where compensation is awarded under this Act and the
person receiving same also receives any sum required to be,
and that has not been deducted under Section 10.1, he shall
refund to the State the amount of compensation paid to him
which would have been deducted at the time the award was
made.
(e) An amount not to exceed 25% of all money recovered
under subsections (b) or (c) of this Section shall be placed
in the Violent Crime Victims Assistance Fund to assist with
costs related to recovery efforts. "Recovery efforts" means
those activities that are directly attributable to obtaining
restitution, civil suit recoveries, and other reimbursements.
(Source: P.A. 84-545.)
(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 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.
The provisions of this amendatory Act of 1994 apply to all
pending claims in existence on the effective date of this
amendatory Act of 1994.
(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. 88-601, eff. 1-1-95.)
Passed in the General Assembly May 15, 2001.
Approved August 09, 2001.
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