2005 Illinois Code - Chapter 740 Civil Liabilities 740 ILCS 45/ Crime Victims Compensation Act.
(740 ILCS 45/1) (from Ch. 70, par. 71)
Sec. 1.
This Act shall be known and may be cited as the "Crime Victims
Compensation Act".
(Source: P. A. 78‑359.)
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(740 ILCS 45/2) (from Ch. 70, par. 72)
Sec. 2. Definitions. As used in this Act, unless the context
otherwise requires:
(a) "Applicant" means any person who applies for compensation under this
Act or any person the Court of Claims finds is entitled to compensation,
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.
(b) "Court of Claims" means the Court of Claims created by the Court
of Claims Act.
(c) "Crime of violence" means and includes any offense defined in
Sections 9‑1, 9‑2, 9‑3, 10‑1, 10‑2, 11‑11, 11‑19.2, 11‑20.1, 12‑1,
12‑2,
12‑3, 12‑3.2,
12‑3.3,
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, 12‑30, 20‑1 or 20‑1.1 of the Criminal Code of 1961, and driving under
the influence of intoxicating liquor or narcotic drugs as defined in Section
11‑501 of the Illinois Vehicle Code, if none of the said offenses
occurred
during a civil riot, insurrection or rebellion. "Crime of violence" does not
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.
(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
parent of a person killed or injured in this State as a result of a crime of
violence perpetrated or attempted against the person, (3) a person killed
or injured in this State while attempting to assist a person against whom a
crime of violence is being perpetrated or attempted, if that attempt of
assistance would be expected of a reasonable man 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
official, (5) a person who personally
witnessed a 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, half sister, child, or stepchild
of a person killed or injured in
this State as a
result of a crime of violence, or (6) an Illinois resident
who is a victim of a "crime of violence" as defined in this Act except, if
the crime occurred outside this State, the resident has the same rights
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.
(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.
(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 or aunt.
(g) "Child" means an unmarried son or daughter who is under 18 years of
age and includes a stepchild, an adopted child or a child born out of wedlock.
(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, expenses for care or
counseling by a licensed clinical psychologist, licensed clinical social
worker, or licensed clinical professional counselor and expenses for treatment by Christian Science practitioners and
nursing care appropriate thereto; transportation expenses to and from medical and treatment facilities; prosthetic appliances, eyeglasses, and
hearing aids necessary or damaged as a result of the
crime; 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
accessibility to the victim's real and personal property, or 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 $1000 per month;
dependents replacement
services loss, to a maximum of $1000 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
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 not exceed a maximum of $5,000 and loss of support of the dependents of
the victim.
Loss of future earnings shall be reduced by any income from substitute work
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 average net monthly earnings for the 6 months immediately
preceding the date of the injury or on $1000 per month, whichever is less.
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,
town houses, or condominiums. Pecuniary loss does not
include pain and suffering or property loss or damage.
(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.
(j) "Dependents replacement services loss" means loss 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.
(k) "Survivor" means immediate family including a parent, step‑father,
step‑mother, child,
brother, sister, or spouse.
(Source: P.A. 94‑229, eff. 1‑1‑06; 94‑399, eff. 1‑1‑06; 94‑400, eff. 1‑1‑06; 94‑877, eff. 1‑1‑07.)
(740 ILCS 45/2.5)
Sec. 2.5.
Felon as victim.
Notwithstanding paragraph (d) of Section 2,
"victim" does not
include a person who is convicted of a felony until that person is discharged
from
probation or is released from a correctional institution and has been
discharged from parole or mandatory supervised release, if any.
No compensation may be granted to an applicant under this Act
during a period
of time that the applicant is held in a correctional institution.
A victim who has been convicted of a felony may apply for assistance
under this Act at any time but no award of compensation may be considered
until the applicant meets the requirements of this Section.
(Source: P.A. 91‑892, eff. 7‑6‑00.)
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(740 ILCS 45/3.1) (from Ch. 70, par. 73.1)
Sec. 3.1.
In addition to other powers and duties set forth in the Court
of Claims Act and this Act, the Court of Claims shall have power to issue
subpoenas, to administer oaths, to conduct hearings required by this Act
and to promulgate all rules necessary thereto, and to prepare an annual report.
(Source: P.A. 81‑1013.)
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(740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
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 promulgate rules necessary for him to carry out his duties under
this Act, investigate all claims and prepare and present a report of each
applicant's claim to the Court of Claims prior to the issuance of an order
by the Court of Claims, prescribe and furnish all applications, notices
of intent to file a claim and other forms required to be filed in the office
of the Attorney General by the terms of this Act, and represent the interests
of the State of Illinois in any hearing before the Court of Claims.
(Source: P.A. 81‑1013.)
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(740 ILCS 45/5.1) (from Ch. 70, par. 75.1)
Sec. 5.1.
(a) Every hospital licensed under the laws of this State shall
display prominently in its emergency room posters giving notification of
the existence and general provisions of this Act. Such posters shall be
provided by the Attorney General.
(b) Any law enforcement agency that investigates an offense committed
in this State shall inform the victim of the offense or his dependents concerning
the availability of an award of compensation and advise such persons that
any information concerning this Act and the filing of a claim may be obtained
from the office of the Attorney General.
(Source: P.A. 81‑1013.)
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(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 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 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.
(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
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.
(b‑1) For victims of offenses defined in Sections 12‑13, 12‑14, 12‑14.1, 12‑15, and 12‑16 of the Criminal Code of 1961, 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.
(b‑2) If the applicant has obtained an order of protection or a civil no contact order or has presented himself or herself to a hospital for sexual assault evidence collection and medical care, such action shall constitute appropriate notification under subsection (b) or (b‑1) of this Section.
(c) The applicant has cooperated with law enforcement
officials in the apprehension and prosecution of the assailant.
(c‑1) If the applicant has obtained an order of protection or a civil no contact order or has presented himself or herself to a hospital for sexual assault evidence collection and medical care, such action shall constitute cooperation under subsection (c) of this Section.
(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. 94‑192, eff. 1‑1‑06.)
(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
Sec. 7.1.
(a) The application shall set out:
(1) the name and address of the victim;
(2) if the victim is deceased, the name and address of the applicant
and his 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
compensation for a pecuniary loss;
(3) the date and nature of the crime on which the application for
compensation is based;
(4) the date and place where and the law enforcement officials to
whom notification of the crime was given;
(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;
(6) the pecuniary loss to the applicant and to such other persons as
are specified under item (2) resulting from the injury or death;
(7) the amount of benefits, payments, or awards, if any, payable
under:
(a) the Workers' Compensation Act,
(b) the Dram Shop Act,
(c) any claim, demand, or cause of action based upon the
crime‑related injury or death,
(d) the Federal Medicare program,
(e) the State Public Aid program,
(f) Social Security Administration burial benefits,
(g) Veterans administration burial benefits,
(h) life, health, accident or liability insurance,
(i) the Criminal Victims' Escrow Account Act, or
(j) from any other source.
(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.
(9) such other information as the Court of Claims or the Attorney
General reasonably requires.
(b) The Attorney General may require that materials substantiating
the facts stated in the application be submitted with that application.
(c) An applicant, on his 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. 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 the same time as the original
application.
(Source: P.A. 82‑956.)
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(740 ILCS 45/8.1) (from Ch. 70, par. 78.1)
Sec. 8.1.
If an applicant does not submit all materials substantiating
his claim as requested of him by the Attorney General, the Attorney General
shall notify the applicant in writing of the specific additional items
of information or materials required and that he has 30 days in which to
furnish those items to the Attorney General. The Attorney General shall
report an applicant's failure to comply within 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 30 day period.
(Source: P.A. 81‑1013.)
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(740 ILCS 45/9.1) (from Ch. 70, par. 79.1)
Sec. 9.1.
In determining whether an applicant is entitled to compensation,
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
the alleged assailant has been apprehended.
(Source: P.A. 81‑1013.)
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(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
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:
(a) A victim may be compensated for his or her pecuniary loss.
(b) A dependent may be compensated for loss of support.
(c) Any person, even though not dependent upon the victim for his or her
support, may be compensated for reasonable funeral, medical and hospital
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
psychological treatment of a mental or emotional condition caused or
aggravated by the crime.
(d) An award shall be reduced or denied according to the extent to which
the victim's acts or conduct provoked or contributed to his or her injury
or death, or the extent to which any prior criminal conviction or conduct
of the victim may have directly or indirectly contributed to the injury or
death of the victim.
(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
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.
(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. 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
compensation.
(g) Compensation under this Act is a secondary source of compensation
and the applicant must show that he or she has 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
Public Aid program, Social Security Administration burial benefits,
Veterans Administration burial benefits, and life, health, accident or
liability insurance.
(Source: P.A. 92‑427, eff. 1‑1‑02; 92‑651, eff. 7‑11‑02.)
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(740 ILCS 45/10.2)
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.
(Source: P.A. 92‑286, eff. 1‑1‑02.)
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(740 ILCS 45/11.1) (from Ch. 70, par. 81.1)
Sec. 11.1.
The Court of Claims may provide for the payment of an award
in a lump sum or in installments.
(Source: P.A. 81‑1013.)
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(740 ILCS 45/12) (from Ch. 70, par. 82)
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
or agent may receive no payment for his services in preparing or presenting
the application before the Court of Claims. He may, however, charge fees
to the applicant for representing him at a hearing provided for in this
Act but only in such an amount as the Court of Claims determines to be reasonable.
(Source: P.A. 78‑359.)
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(740 ILCS 45/12.1) (from Ch. 70, par. 82.1)
Sec. 12.1.
The Court of Claims may, 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.)
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(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 thinks
is inadequate and he petitions the Court of Claims for a hearing within
30 days of the date of issuance of the 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.
(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 a determination of the claim, regardless of whether
such evidence would be admissible in a court of law.
(Source: P.A. 83‑298.)
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(740 ILCS 45/14.1) (from Ch. 70, par. 84.1)
Sec. 14.1.
(a) Hearings shall be open to the public unless the Court of
Claims determines that a closed hearing should be held because:
(1) the alleged assailant has not been brought to |
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trial and a public hearing would adversely affect either his apprehension or his trial;
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(2) the offense allegedly perpetrated against the
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victim is one defined in Section 12‑13, 12‑14, or 12‑14.1 of the Criminal Code of 1961 and the interests of the victim or of persons dependent on his support require that the public be excluded from the hearing;
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(3) the victim or the alleged assailant is a minor;
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(4) the interests of justice would be frustrated,
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rather than furthered, if the hearing were open to the public.
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(b) A transcript shall be kept of the hearings held before the Court of
Claims. No part of the transcript of any hearing before the Court of Claims
may be used for any purpose in a criminal proceeding except in the prosecution
of a person alleged to have perjured himself in his testimony before the
Court of Claims. A copy of the transcript may be furnished to the applicant
upon his written request to the court reporter, accompanied by payment of
a charge established
by the Court of Claims in accordance with the prevailing commercial charge
for a duplicate transcript. Where the interests of justice require, the
Court of Claims may refuse to disclose the names of victims or other material
in the transcript by which the identity of the victim could be discovered.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96.)
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(740 ILCS 45/15) (from Ch. 70, par. 85)
Sec. 15.
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.)
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(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
at the time of the entry of the order 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.)
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(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. 92‑286, eff. 1‑1‑02.)
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(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 |
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work loss to secure payment of maintenance or child support; or
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(2) an assignment of a right to compensation to the
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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.
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(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. 92‑286, eff. 1‑1‑02.)
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(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 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 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 guilty of a Class A misdemeanor.
(Source: P.A. 81‑1013.)
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