Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB0118 Enrolled LRB104 08024 KTG 18070 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Crime Victims Compensation Act is amended
5 by changing Sections 2, 4.1, 4.2, 6.1, 7.1, 8.1, and 10.2 as
6 follows:
7 (740 ILCS 45/2)
8 Sec. 2. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 (a) "Applicant" means any of the following claiming
11 compensation under this Act:
12 (1) A victim.
13 (2) If the victim was a guardian or primary caregiver
14 to an adult who is physically or mentally incapacitated,
15 that adult who is physically or mentally incapacitated.
16 (3) A guardian of a minor or of a person under legal
17 disability.
18 (4) A person who, at the time the crime occurred,
19 resided in the same dwelling as the victim, solely for the
20 purpose of compensating for any of the following:
21 (A) Pecuniary loss incurred for psychological
22 treatment of a mental or emotional condition caused or
23 aggravated by the crime.
SB0118 Enrolled -2- LRB104 08024 KTG 18070 b
1 (B) Loss of earnings under paragraph (14.5) of
2 subsection (h) for time off from work necessary to
3 provide full time care for the injured victim.
4 (C) Relocation expenses.
5 (5) A person who assumes a legal obligation or
6 voluntarily pays for a victim's medical or funeral or
7 burial expenses.
8 (6) Any other person the Court of Claims or the
9 Attorney General finds is entitled to compensation.
10 The changes made to this subsection by Public Act 101-652
11 apply to actions commenced or pending on or after January 1,
12 2022.
13 (b) "Court of Claims" means the Court of Claims created by
14 the Court of Claims Act.
15 (c) "Crime of violence" means and includes any offense
16 defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
17 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
18 11-11, 11-20.1, 11-23, 11-23.5, 12-1, 12-2, 12-3, 12-3.05,
19 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-5, 12-7.1, 12-7.3, 12-7.4,
20 12-20.5, 20-1 or 20-1.1, or Section 12-3.05 except for
21 subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section
22 11-14.4, of the Criminal Code of 1961 or the Criminal Code of
23 2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act,
24 Section 125 of the Stalking No Contact Order Act, Section 219
25 of the Civil No Contact Order Act, driving under the influence
26 as defined in Section 11-501 of the Illinois Vehicle Code, a
SB0118 Enrolled -3- LRB104 08024 KTG 18070 b
1 violation of Section 11-401 of the Illinois Vehicle Code,
2 provided the victim was a pedestrian or was operating a
3 vehicle moved solely by human power or a mobility device at the
4 time of contact, and a violation of Section 11-204.1 of the
5 Illinois Vehicle Code; so long as the offense did not occur
6 during a civil riot, insurrection or rebellion. "Crime of
7 violence" does not include any other offense or crash
8 involving a motor vehicle except those vehicle offenses
9 specifically provided for in this paragraph. "Crime of
10 violence" does include all of the offenses specifically
11 provided for in this paragraph that occur within this State
12 but are subject to federal jurisdiction and crimes involving
13 terrorism as defined in 18 U.S.C. 2331.
14 (d) "Victim" means (1) a person killed or injured in this
15 State as a result of a crime of violence perpetrated or
16 attempted against him or her, (2) the spouse, parent, or child
17 of a person killed or injured in this State as a result of a
18 crime of violence perpetrated or attempted against the person,
19 or anyone living in the dwelling of a person killed or injured
20 in a relationship that is substantially similar to that of a
21 parent, spouse, or child, (3) a person killed or injured in
22 this State while attempting to assist a person against whom a
23 crime of violence is being perpetrated or attempted, if that
24 attempt of assistance would be expected of a reasonable person
25 under the circumstances, (4) a person killed or injured in
26 this State while assisting a law enforcement official
SB0118 Enrolled -4- LRB104 08024 KTG 18070 b
1 apprehend a person who has perpetrated a crime of violence or
2 prevent the perpetration of any such crime if that assistance
3 was in response to the express request of the law enforcement
4 official, (5) a person who personally witnessed a violent
5 crime, (5.05) a person who will be called as a witness by the
6 prosecution to establish a necessary nexus between the
7 offender and the violent crime, (5.1) any person who is the
8 grandparent, grandchild, brother, sister, half brother, or
9 half sister of a person killed or injured in this State as a
10 result of a crime of violence, applying solely for the purpose
11 of compensating for pecuniary loss incurred for psychological
12 treatment of a mental or emotional condition caused or
13 aggravated by the crime, loss of earnings under paragraph
14 (14.5) of subsection (h) for time off from work necessary to
15 provide full time care for the injured victim, or relocation
16 if the crime occurred within the dwelling of the applicant,
17 (5.2) any person who was in a dating relationship with a person
18 killed in this State as a result of a crime of violence, solely
19 for the purpose of compensating for pecuniary loss incurred
20 for psychological treatment of a mental or emotional condition
21 caused or aggravated by the crime, (6) an Illinois resident
22 who is a victim of a "crime of violence" as defined in this Act
23 except, if the crime occurred outside this State, the resident
24 has the same rights under this Act as if the crime had occurred
25 in this State upon a showing that the state, territory,
26 country, or political subdivision of a country in which the
SB0118 Enrolled -5- LRB104 08024 KTG 18070 b
1 crime occurred does not have a compensation of victims of
2 crimes law for which that Illinois resident is eligible, (7)
3 the parent, spouse, or child of a deceased person whose body is
4 dismembered or whose remains are desecrated as the result of a
5 crime of violence, (8) (blank), or (9) an individual who is
6 injured or killed in an incident in which a law enforcement
7 officer's use of force caused bodily harm or death to that
8 individual.
9 (e) "Dependent" means a relative of a deceased victim who
10 was wholly or partially dependent upon the victim's income at
11 the time of his or her death and shall include the child of a
12 victim born after his or her death.
13 (f) "Relative" means a spouse, parent, grandparent,
14 stepfather, stepmother, child, grandchild, brother,
15 brother-in-law, sister, sister-in-law, half brother, half
16 sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
17 living in the dwelling of a person killed or injured in a
18 relationship that is substantially similar to that of a
19 parent, spouse, or child.
20 (g) "Child" means a son or daughter and includes a
21 stepchild, an adopted child or a child born out of wedlock.
22 (h) "Pecuniary loss" means:
23 (1) in the case of injury, appropriate medical
24 expenses and hospital expenses including expenses of
25 medical examinations, rehabilitation, medically required
26 nursing care expenses, appropriate psychiatric care or
SB0118 Enrolled -6- LRB104 08024 KTG 18070 b
1 psychiatric counseling expenses, appropriate expenses for
2 care or counseling by a licensed clinical psychologist,
3 licensed clinical social worker, licensed professional
4 counselor, or licensed clinical professional counselor and
5 expenses for treatment by Christian Science practitioners
6 and nursing care appropriate thereto;
7 (2) transportation expenses to and from medical and
8 counseling treatment facilities;
9 (3) prosthetic appliances, eyeglasses, and hearing
10 aids necessary or damaged as a result of the crime;
11 (4) expenses incurred for the towing and storage of a
12 victim's vehicle in connection with a crime of violence,
13 to a maximum of $1,000;
14 (5) costs associated with trafficking tattoo removal
15 by a person authorized or licensed to perform the specific
16 removal procedure; for victims of offenses defined in
17 Section 10-9 of the Criminal Code of 2012, the victim
18 shall submit a statement under oath on a form prescribed
19 by the Attorney General attesting that the removed tattoo
20 was applied in connection with the commission of the
21 offense;
22 (6) replacement costs for clothing and bedding used as
23 evidence;
24 (7) costs associated with temporary lodging or
25 relocation necessary as a result of the crime, including,
26 but not limited to, the first 2 months' rent and security
SB0118 Enrolled -7- LRB104 08024 KTG 18070 b
1 deposit of the dwelling that the claimant relocated to and
2 other reasonable relocation expenses incurred as a result
3 of the violent crime;
4 (8) locks, doors, or windows necessary or damaged as a
5 result of the crime;
6 (9) the purchase, lease, or rental of equipment
7 necessary to create usability of and accessibility to the
8 victim's real and personal property, or the real and
9 personal property which is used by the victim, necessary
10 as a result of the crime; "real and personal property"
11 includes, but is not limited to, vehicles, houses,
12 apartments, townhouses, or condominiums;
13 (10) the costs of appropriate crime scene clean-up;
14 (11) replacement services loss, to a maximum of $1,250
15 per month, with this amount to be divided in proportion to
16 the amount of the actual loss among those entitled to
17 compensation;
18 (12) dependents replacement services loss, to a
19 maximum of $1,250 per month, with this amount to be
20 divided in proportion to the amount of the actual loss
21 among those entitled to compensation;
22 (13) loss of tuition paid to attend grammar school or
23 high school when the victim had been enrolled as a student
24 prior to the injury, or college or graduate school when
25 the victim had been enrolled as a day or night student
26 prior to the injury when the victim becomes unable to
SB0118 Enrolled -8- LRB104 08024 KTG 18070 b
1 continue attendance at school as a result of the crime of
2 violence perpetrated against him or her;
3 (14) loss of earnings, loss of future earnings because
4 of disability resulting from the injury. Loss of future
5 earnings shall be reduced by any income from substitute
6 work actually performed by the victim or by income the
7 victim would have earned in available appropriate
8 substitute work the victim was capable of performing but
9 unreasonably failed to undertake; loss of earnings and
10 loss of future earnings shall be determined on the basis
11 of the victim's average net monthly earnings for the 6
12 months immediately preceding the date of the injury or on
13 $2,400 per month, whichever is less, or, in cases where
14 the absences commenced more than 3 years from the date of
15 the crime, on the basis of the net monthly earnings for the
16 6 months immediately preceding the date of the first
17 absence, not to exceed $2,400 per month;
18 (14.5) loss of earnings for applicants or loss of
19 future earnings for applicants. The applicant must
20 demonstrate that the loss of earnings is a direct result
21 of circumstances attributed to the crime including, but
22 not limited to, court appearances, funeral preparation and
23 bereavement, receipt of medical or psychological care;
24 loss of earnings and loss of future earnings shall be
25 determined on the basis of the applicant's average net
26 monthly earnings for the 6 months immediately preceding
SB0118 Enrolled -9- LRB104 08024 KTG 18070 b
1 the date of the injury or on $2,400 per month, whichever is
2 less, or, in cases where the absences commenced more than
3 3 years from the date of the crime, on the basis of the net
4 monthly earnings for the 6 months immediately preceding
5 the date of the first absence, not to exceed $2,400 per
6 month;
7 (15) loss of support of the dependents of the victim.
8 Loss of support shall be determined on the basis of the
9 victim's average net monthly earnings for the 6 months
10 immediately preceding the date of the injury or on $2,400
11 per month, whichever is less, or, in cases where the
12 absences commenced more than 3 years from the date of the
13 crime, on the basis of the net monthly earnings for the 6
14 months immediately preceding the date of the first
15 absence, not to exceed $2,400 per month. If a divorced or
16 legally separated applicant is claiming loss of support
17 for a minor child of the deceased, the amount of support
18 for each child shall be based either on the amount of
19 support pursuant to the judgment prior to the date of the
20 deceased victim's injury or death, or, if the subject of
21 pending litigation filed by or on behalf of the divorced
22 or legally separated applicant prior to the injury or
23 death, on the result of that litigation. Loss of support
24 for minors shall be divided in proportion to the amount of
25 the actual loss among those entitled to such compensation;
26 (16) in the case of death, expenses for reasonable
SB0118 Enrolled - 10 - LRB104 08024 KTG 18070 b
1 funeral, burial, headstone, cremation, and travel and
2 transport for survivors of homicide victims to secure
3 bodies of deceased victims and to transport bodies for
4 burial all of which may be awarded up to a maximum of
5 $10,000 for each victim. Other individuals that have paid
6 or become obligated to pay funeral, cremation, or burial
7 expenses, including a headstone, for the deceased shall
8 share a maximum award of $10,000, with the award divided
9 in proportion to the amount of the actual loss among those
10 entitled to compensation;
11 (17) in the case of dismemberment or desecration of a
12 body, expenses for reasonable funeral, burial, headstone,
13 and cremation, all of which may be awarded up to a maximum
14 of $10,000 for each victim. Other individuals that have
15 paid or become obligated to pay funeral, cremation, or
16 burial expenses, including a headstone, for the deceased
17 shall share a maximum award of $10,000, with the award
18 divided in proportion to the amount of the actual loss
19 among those entitled to compensation; and
20 (18) (19) legal fees resulting from proceedings that
21 became necessary solely because of the crime, including,
22 but not limited to, establishing a legal guardian for the
23 minor victim or the minor child of a victim, or obtaining a
24 restraining order, no contact order, or order of
25 protection, awarded up to a maximum of $3,500.
26 "Pecuniary loss" does not include pain and suffering or
SB0118 Enrolled - 11 - LRB104 08024 KTG 18070 b
1 property loss or damage.
2 The changes made to this subsection by Public Act 101-652
3 apply to actions commenced or pending on or after January 1,
4 2022.
5 (i) "Replacement services loss" means expenses reasonably
6 incurred in obtaining ordinary and necessary services in lieu
7 of those the injured person would have performed, not for
8 income, but for the benefit of himself or herself or his or her
9 family, if he or she had not been injured.
10 (j) "Dependents replacement services loss" means loss
11 reasonably incurred by dependents or private legal guardians
12 of minor dependents after a victim's death in obtaining
13 ordinary and necessary services in lieu of those the victim
14 would have performed, not for income, but for their benefit,
15 if he or she had not been fatally injured.
16 (k) "Survivor" means immediate family including a parent,
17 stepfather, stepmother, child, brother, sister, or spouse.
18 (l) "Parent" means a natural parent, adopted parent,
19 stepparent, or permanent legal guardian of another person.
20 (m) "Trafficking tattoo" is a tattoo which is applied to a
21 victim in connection with the commission of a violation of
22 Section 10-9 of the Criminal Code of 2012.
23 (n) "Dwelling" means a person's primary home. A person may
24 be required to provide verification or proof of residence
25 including, but not limited to, a lease agreement, utility
26 bill, license registration, document showing the mailing
SB0118 Enrolled - 12 - LRB104 08024 KTG 18070 b
1 address, pay stub, tax form, or notarized statement.
2 (o) "Dating relationship" means a current, continuous,
3 romantic, courtship, or engagement relationship, often
4 characterized by actions of an intimate or sexual nature or an
5 expectation of affection. "Dating relationship" does not
6 include a casual acquaintanceship or ordinary fraternization
7 between persons in a business or social context.
8 (p) "Medical facility" means a facility for the delivery
9 of health services. "Medical facility" includes, but is not
10 limited to, a hospital, public health center, outpatient
11 medical facility, federally qualified health center, migrant
12 health center, community health center, or State correctional
13 institution.
14 (q) "Mental health provider" means a licensed clinical
15 psychologist, a licensed clinical social worker, a licensed
16 professional counselor, or a licensed clinical professional
17 counselor as defined in the Mental Health and Developmental
18 Disabilities Code.
19 (r) (Blank). "Independent medical evaluation" means an
20 assessment by a mental health provider who is not currently
21 providing treatment to the applicant and will not seek
22 reimbursement from the program for continuing treatment after
23 the assessment. A provider may seek reimbursement for the
24 assessment.
25 (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
26 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff.
SB0118 Enrolled - 13 - LRB104 08024 KTG 18070 b
1 11-17-23; 103-1037, eff. 1-1-25; revised 6-23-25.)
2 (740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
3 Sec. 4.1. In addition to other powers and duties set forth
4 in this Act and other powers exercised by the Attorney
5 General, the Attorney General shall:
6 (1) investigate all claims and prepare and present an
7 investigatory report and a draft award determination to
8 the Court of Claims for a review period of 28 business
9 days;
10 (2) upon conclusion of the review by the Court of
11 Claims, provide the applicant with a compensation
12 determination letter;
13 (3) prescribe and furnish all applications and other
14 forms required to be filed in the office of the Attorney
15 General by the terms of this Act;
16 (4) represent the interests of the State of Illinois
17 in any hearing before the Court of Claims; and
18 (5) upon failure to comply with Section 4.2, the
19 Attorney General's office shall have the power to issue
20 subpoenas to compel the production of law enforcement
21 reports maintained by law enforcement agencies; and .
22 (6) with the consent of an applicant, request and
23 obtain supporting documentation required to verify the
24 claim, including, but not limited to, documentation from
25 hospitals, health care providers, providers of services to
SB0118 Enrolled - 14 - LRB104 08024 KTG 18070 b
1 victims or applicants, employers, insurance companies, and
2 other third parties relevant to the claim.
3 The changes made to this Section by this amendatory Act of
4 the 101st General Assembly apply to actions commenced or
5 pending on or after January 1, 2022.
6 (Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 8-9-24.)
7 (740 ILCS 45/4.2)
8 Sec. 4.2.
9 (a) A law enforcement agency shall, within 15 days of
10 receipt of a written request for a police report made to verify
11 that the requirements of a crime victims compensation
12 application under Section 6.1 of this Act have been met,
13 provide the Attorney General's office with the law enforcement
14 agency's full written report of the investigation of the crime
15 for which an application for compensation has been filed. The
16 law enforcement agency may redact the following from the
17 report: names of confidential sources and informants;
18 locations from which law enforcement conduct surveillance; and
19 information related to issues of national security the law
20 enforcement agency provided to or received from the United
21 States Department of Homeland Security or another federal law
22 enforcement agency. The Attorney General's office and a law
23 enforcement agency may agree to the redaction of other
24 information in the report or to the provision of necessary
25 information in another format. Within 15 days of receipt of
SB0118 Enrolled - 15 - LRB104 08024 KTG 18070 b
1 the request, a law enforcement agency shall respond to a
2 written request from the Attorney General's office for
3 additional information necessary to assist the Attorney
4 General's office in making a recommendation for compensation.
5 (b) An applicant may obtain and provide a law enforcement
6 report to the Attorney General and the Attorney General may
7 proceed with the review of the application. If the copy of the
8 law enforcement report provided by the applicant does not
9 contain all the information the Attorney General needs to move
10 forward with the review of the application, the Attorney
11 General may proceed with requesting from the law enforcement
12 agency the full written report of the investigation.
13 (c) Records that are obtained by the Attorney General's
14 office from a law enforcement agency under this Section for
15 purposes of investigating an application for crime victim
16 compensation shall not be disclosed to the public, including
17 the applicant, by the Attorney General's office.
18 (d) Hospitals, health care providers, providers of
19 services to victims or applicants, employers, insurance
20 companies, and other third parties relevant to the application
21 or claim shall respond in writing to the Attorney General's
22 office request for confirmation, documentation, or other
23 information under this Act within 30 days of receipt of the
24 Attorney General's office request. If the information or
25 documentation provided to the Attorney General does not
26 contain all the information the Attorney General needs to move
SB0118 Enrolled - 16 - LRB104 08024 KTG 18070 b
1 forward with review of the application or claim, the Attorney
2 General may proceed with requesting further information or
3 documentation.
4 (e) An applicant may obtain and attach to the application
5 documentation from hospitals, health care providers, providers
6 of services, employers, insurance companies, and other third
7 parties relevant to the claim and the Attorney General may
8 proceed with the review of the application. If the
9 documentation provided by the applicant with the application
10 does not contain all the information the Attorney General
11 needs to move forward with the review of the application, the
12 Attorney General may proceed with requesting from the
13 applicant or from applicable third parties additional
14 documentation or information.
15 (f) Law enforcement reports or other documentation
16 obtained by the Attorney General's office from an applicant,
17 victim, or third party under this Act for the purposes of
18 investigating an application for crime victim compensation
19 shall not be disclosed to the public or any individual or
20 entity, not including the individual who supplied the report
21 or documentation, by the Attorney General's office. Any
22 records obtained by the Attorney General's office to process
23 the application, including but not limited to applications,
24 documents, and photographs, shall be exempt from disclosure by
25 the Attorney General's office under the Freedom of Information
26 Act.
SB0118 Enrolled - 17 - LRB104 08024 KTG 18070 b
1 (Source: P.A. 103-1037, eff. 1-1-25.)
2 (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
3 Sec. 6.1. Right to compensation. A person is entitled to
4 compensation under this Act if:
5 (a) Timing. Within 5 years of the occurrence of the
6 crime, or within one year after a criminal charge of a
7 person for an offense, upon which the claim is based, the
8 applicant presents an application, under oath, to the
9 Attorney General that is filed with the Court of Claims
10 and on a form prescribed in accordance with Section 7.1
11 furnished by the Attorney General. If the person entitled
12 to compensation is under 18 years of age or under other
13 legal disability at the time of the occurrence or is
14 determined by a court to be under a legal disability as a
15 result of the occurrence, he or she may present the
16 application required by this subsection within 3 years
17 after he or she attains the age of 18 years or the
18 disability is removed, as the case may be. Legal
19 disability includes a diagnosis of posttraumatic stress
20 disorder.
21 (a-1) The Attorney General and the Court of Claims may
22 accept an application presented after the period provided
23 in subsection (a) if the Attorney General determines that
24 the applicant had good cause for a delay.
25 (b) Notification. The appropriate law enforcement
SB0118 Enrolled - 18 - LRB104 08024 KTG 18070 b
1 officials were notified within 30 days 72 hours of the
2 perpetration of the crime allegedly causing the death or
3 injury to the victim. If the notification was made more
4 than 30 days 72 hours after the perpetration of the crime
5 and the applicant establishes that the notice was timely
6 under the circumstances, the Attorney General and the
7 Court of Claims may extend the time for reporting to law
8 enforcement.
9 For victims of offenses defined in Sections 10-9,
10 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and
11 12-14 of the Criminal Code of 1961 or the Criminal Code of
12 2012, the appropriate law enforcement officials were
13 notified within 7 days of the perpetration of the crime
14 allegedly causing death or injury to the victim or, if the
15 notification was made more than 7 days after the
16 perpetration of the crime, the applicant establishes that
17 the notice was timely under the circumstances.
18 (b-1) If, in lieu of a law enforcement report, the
19 applicant or victim has obtained an order of protection, a
20 civil no contact order, or a stalking no contact order,
21 has presented to a medical facility for medical care or
22 sexual assault evidence collection, has presented to a
23 mental health provider for mental health care or
24 evaluation an independent medical evaluation, or is
25 engaged in a legal proceeding involving a claim that the
26 applicant or victim is a victim of human trafficking or
SB0118 Enrolled - 19 - LRB104 08024 KTG 18070 b
1 law enforcement use of force, such action shall constitute
2 appropriate notification under this Section.
3 (b-2) For purposes of notification under this Act, a
4 victim who presents to a medical facility or mental health
5 provider shall provide information sufficient to fulfill
6 the requirements of this Section, except that the victim
7 shall not be required to identify the offender to the
8 medical or mental health provider.
9 (b-3) An applicant who is filing a claim that a law
10 enforcement officer's use of force caused injury or death,
11 may fulfill the notification requirement by complying with
12 subsection (b), filing a complaint with the Illinois Law
13 Enforcement Training Standards Board, filing a lawsuit
14 against a law enforcement officer or department, or
15 presenting evidence that the victim has obtained a
16 settlement or a verdict in a civil suit. An application
17 filed by an individual presenting evidence of a verdict in
18 a civil suit must be filed within one year after the
19 resolution of the civil suit.
20 (b-4) An applicant may provide notification to a
21 mental health provider regarding physical or psychological
22 injuries of the victim or for victims of offenses defined
23 in Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
24 11-1.60, 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4
25 of the Criminal Code of 2012, psychological injuries
26 resulting from the commission of the crime for which the
SB0118 Enrolled - 20 - LRB104 08024 KTG 18070 b
1 applicant is filing an application. The provider shall
2 perform an independent medical evaluation and provide the
3 provider's professional opinion as to whether the injuries
4 claimed are consistent with having resulted from the
5 commission of the crime for which the applicant is filing
6 an application. A mental health provider may seek
7 reimbursement for an evaluation under this subsection if
8 the mental health provider is not currently providing
9 treatment to the applicant, and will not seek
10 reimbursement from the program for any additional
11 treatment of the applicant. Otherwise, a mental health
12 provider may conduct an evaluation under this subsection,
13 but is ineligible for reimbursement for performing the
14 evaluation.
15 Upon completion of the independent medical evaluation,
16 the mental health provider shall complete a certification
17 form, signed under oath. The form shall be provided by the
18 Office of the Attorney General, be available on its
19 website, and contain the following:
20 (1) The provider's name, title, license number and
21 place of employment.
22 (2) Contact information for the provider.
23 (3) The provider's relationship with the
24 applicant.
25 (4) The date the crime was reported to the
26 provider.
SB0118 Enrolled - 21 - LRB104 08024 KTG 18070 b
1 (5) The reported crime.
2 (6) The date and location of the crime.
3 (7) If there are physical injuries, what injuries
4 that the mental health provider can attest to being
5 present on the day of the reporting if they are
6 consistent with the crime reported to the provider.
7 (8) If there are psychological injuries, whether
8 the provider in his or her professional opinion
9 believes that the injuries presented on the day of the
10 reporting are consistent with the crime reported to
11 the provider.
12 (9) A detailed summary of the incident, as
13 reported.
14 (10) Any documentation or photos that relates
15 relate to the crime of violence for which the
16 applicant is seeking reimbursement.
17 (b-5) If a mental health provider who provides a
18 certification form pursuant to subsection (b-4) seeks
19 reimbursement from the program for treatment of the
20 applicant, or an applicant seeks reimbursement for
21 payments made to the mental health provider for treatment,
22 compensation for services provided by the mental health
23 provider shall be limited to Medicare-approved rates.
24 Pursuant to subsection (g) of Section 10.1, a mental
25 health provider may not seek reimbursement for services
26 provided to an applicant if the applicant has not
SB0118 Enrolled - 22 - LRB104 08024 KTG 18070 b
1 exhausted the benefits reasonably available under any
2 governmental, medical, or health insurance program.
3 (b-6) If an applicant was receiving treatment from a
4 mental health provider before the commission of the crime,
5 and the mental health provider provides a certification
6 form pursuant to subsection (b-4), the mental health
7 provider may only seek reimbursement from the program for
8 treatment that is in addition to the treatment the
9 applicant was already receiving before the commission of
10 the crime.
11 (c) Cooperation. The applicant has cooperated with law
12 enforcement officials in the apprehension and prosecution
13 of the assailant. If the applicant or victim has obtained
14 an order of protection, a civil no contact order, or a
15 stalking no contact order, has presented to a medical
16 facility for medical care or sexual assault evidence
17 collection, obtained an evaluation independent medical
18 examination from a mental health provider as described in
19 subsection (b-4), has taken any of the actions described
20 in subsection (b-3), or is engaged in a legal proceeding
21 involving a claim that the applicant or victim is a victim
22 of human trafficking, such action shall constitute
23 cooperation under this subsection (c). If the victim is
24 under 18 years of age at the time of the commission of the
25 offense, the following shall constitute cooperation under
26 this subsection (c):
SB0118 Enrolled - 23 - LRB104 08024 KTG 18070 b
1 (1) the applicant or the victim files a police
2 report with a law enforcement agency;
3 (2) a mandated reporter reports the crime to law
4 enforcement; or
5 (3) a person with firsthand knowledge of the crime
6 reports the crime to law enforcement.
7 In evaluating cooperation, the Attorney General and
8 Court of Claims may consider the victim's age, physical
9 condition, psychological state, cultural or linguistic
10 barriers, and compelling health and safety concerns,
11 including, but not limited to, a reasonable fear of
12 retaliation or harm that would jeopardize the well-being
13 of the victim or the victim's family, and giving due
14 consideration to the degree of cooperation that the victim
15 or derivative victim is capable of in light of the
16 presence of any of these factors, or any other factor the
17 Attorney General considers relevant.
18 (d) If the applicant is not barred from receiving
19 compensation under Section 10.1.
20 (e) (Blank).
21 (f) (Blank).
22 (g) (Blank).
23 Furnishing an evaluation as described in subsection (b-4)
24 or furnishing another document as evidence of notification or
25 cooperation under this Section may not be construed to waive
26 any confidentiality or privilege that may exist between the
SB0118 Enrolled - 24 - LRB104 08024 KTG 18070 b
1 victim or applicant and a third party.
2 The changes made to this Section by this amendatory Act of
3 the 101st General Assembly apply to actions commenced or
4 pending on or after January 1, 2022.
5 (Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 1-1-25.)
6 (740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
7 Sec. 7.1. (a) The application form furnished by the Office
8 of the Attorney General and published on its website shall
9 include fields for the applicant to set out:
10 (1) the name and address of the victim;
11 (2) if the victim is deceased, the name and address of
12 the applicant and his or her relationship to the victim,
13 the names and addresses of other persons dependent on the
14 victim for their support and the extent to which each is so
15 dependent, and other persons who may be entitled to
16 compensation for a pecuniary loss;
17 (3) the date and nature of the crime on which the
18 application for compensation is based;
19 (4) the date and place where notification under
20 Section 6.1 was given and to whom, or the date and place of
21 issuance of an order of protection, no contact order,
22 evidence of a legal proceeding involving human
23 trafficking, or in cases of a law enforcement officer's
24 use of force, another form of documentation allowable
25 under Section 6.1;
SB0118 Enrolled - 25 - LRB104 08024 KTG 18070 b
1 (4.5) if the victim is providing supplemental forms of
2 documentation, that documentation, the date the victim
3 obtained that other form of documentation and the type of
4 documentation;
5 (5) the nature and extent of the injuries sustained by
6 the victim, and the names and addresses of those giving
7 medical and hospitalization treatment to the victim;
8 (6) the pecuniary loss to the applicant and to such
9 other persons as are specified under item (2) resulting
10 from the injury or death;
11 (7) the amount of benefits, payments, or awards, if
12 any, payable under:
13 (a) the Workers' Compensation Act,
14 (b) the Dram Shop Act,
15 (c) any claim, demand, or cause of action based
16 upon the crime-related injury or death,
17 (d) the Federal Medicare program,
18 (e) the State Public Aid program,
19 (f) Social Security Administration burial
20 benefits,
21 (g) Veterans administration burial benefits,
22 (h) life, health, accident, vehicle, towing, or
23 liability insurance,
24 (i) the Criminal Victims' Escrow Account Act,
25 (j) the Sexual Assault Survivors Emergency
26 Treatment Act,
SB0118 Enrolled - 26 - LRB104 08024 KTG 18070 b
1 (k) restitution, or
2 (l) any other source;
3 (8) releases authorizing the surrender to the Court of
4 Claims or Attorney General of reports, documents and other
5 information relating to the matters specified under this
6 Act and rules promulgated in accordance with the Act;
7 (9) such other information as the Court of Claims or
8 the Attorney General reasonably requires;.
9 (10) whether the applicant is applying for an
10 emergency award under Section 10.2.
11 (b) The Attorney General may require that materials
12 substantiating the facts stated in the application be
13 submitted with that application.
14 (b-5) The victim or applicant may provide to the Attorney
15 General a sworn statement by the victim or applicant that
16 attests to the victim's or applicant's experience of a crime
17 or crimes of violence, in addition to documentation required
18 under this Act. If the victim or applicant has additional
19 corroborating evidence beyond those described in this Act, the
20 victim or applicant may provide the following documents: law
21 enforcement report; medical records; confirmation of sexual
22 assault evidence collection; order of protection; civil no
23 contact order, stalking no contact order; photographs; letter
24 from a service provider who serves victims of crime; affidavit
25 from a witness of the crime of violence; court record;
26 military record; or any other corroborating evidence. Such
SB0118 Enrolled - 27 - LRB104 08024 KTG 18070 b
1 documentation or statement may be used to supplement required
2 documentation to verify the incident but is not required. If
3 an applicant is seeking an exception under subsection (b) or
4 (c-1) of Section 6.1, the applicant shall provide any
5 additional documentation, information, or statement that
6 substantiates the facts stated in the application.
7 (c) An applicant, on his or her own motion, may file an
8 amended application or additional substantiating materials to
9 correct inadvertent errors or omissions at any time before the
10 original application has been disposed of by the Court of
11 Claims or the Attorney General. In either case, the filing of
12 additional information or of an amended application shall be
13 considered for the purpose of this Act to have been filed at
14 the same time as the original application.
15 For claims submitted on or after January 1, 2022, an
16 amended application or additional substantiating materials to
17 correct inadvertent errors or omissions may be filed at any
18 time before the original application is disposed of by the
19 Attorney General or the Court of Claims.
20 (d) Determinations submitted by the Attorney General to
21 the Court of Claims shall be available to the Court of Claims
22 for review. The Attorney General shall provide the sources and
23 evidence relied upon as a basis for a compensation
24 determination.
25 (e) The changes made to this Section by this amendatory
26 Act of the 101st General Assembly apply to actions commenced
SB0118 Enrolled - 28 - LRB104 08024 KTG 18070 b
1 or pending on or after January 1, 2022.
2 (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
3 103-1037, eff. 1-1-25.)
4 (740 ILCS 45/8.1) (from Ch. 70, par. 78.1)
5 Sec. 8.1. If an applicant does not submit all materials
6 substantiating his or her claim as requested of him or her by
7 the Attorney General, and the Attorney General is unable to
8 otherwise obtain such materials within 45 days of receiving
9 the claim, the Attorney General shall notify the applicant in
10 writing of the specific additional items of information or
11 materials required and that he or she has 45 days in which to
12 furnish those items to the Attorney General. The Attorney
13 General shall report an applicant's failure to comply within
14 45 days of the foregoing notice to the Court of Claims. No
15 award of compensation shall be made for any portion of the
16 applicant's claim that is not substantiated by the applicant.
17 An applicant may request an extension of time from the
18 Attorney General prior to the expiration of the 45-day period.
19 After an application has been filed, an applicant's
20 failure to respond to communication from the Office of the
21 Attorney General or the Court of Claims or a failure to provide
22 necessary documentation to substantiate the request for
23 compensation may result in the claim being closed without
24 compensation. An applicant may submit to have the claim
25 reopened when the applicant is able to provide missing
SB0118 Enrolled - 29 - LRB104 08024 KTG 18070 b
1 information and communicate regarding the claim.
2 Failure to update the Office of the Attorney General with
3 changes to the applicant's contact information after the
4 application is submitted to the Office of the Attorney General
5 may result in applications that are not filed with the Court of
6 Claims or claims that are closed without compensation.
7 (Source: P.A. 102-27, eff. 1-1-22; 103-1037, eff. 1-1-25.)
8 (740 ILCS 45/10.2)
9 Sec. 10.2. Emergency awards.
10 (a) If it appears, prior to taking action on an
11 application, that the claim is one for which compensation is
12 probable, and undue hardship will result to the applicant if
13 immediate payment is not made, the Attorney General may
14 recommend and the Court may make an emergency award of
15 compensation to the applicant, pending a final decision in the
16 case. The Court shall issue a voucher for payment to the
17 Comptroller of an emergency award after receiving notice of
18 the decision to grant the emergency award. If the Comptroller
19 is not able to release the voucher for payment within 10
20 business days of receiving a voucher for payment from the
21 Court, the Comptroller shall notify the Court of Claims.
22 Emergency awards may be issued to the applicant for the
23 purpose of paying funeral and burial expenses directly to a
24 funeral home for expenses that have been incurred or that the
25 applicant has been quoted, and for relocation expenses
SB0118 Enrolled - 30 - LRB104 08024 KTG 18070 b
1 incurred or due to be incurred by an applicant. The amount of
2 emergency compensation shall be deducted from any final award
3 made as a result of the claim. The full amount of the emergency
4 award if no final award is made shall be repaid by the
5 applicant to the State of Illinois. If the amount of emergency
6 compensation exceeds the actual amount the applicant incurs,
7 the difference shall be repaid to the State.
8 (b) Emergency award applicants must satisfy all
9 requirements under Section 6.1 of this Act.
10 (c) The Office of the Attorney General shall include a
11 designated section in the application form described in
12 Section 7.1 for the applicant to request an emergency award.
13 (Source: P.A. 102-27, eff. 1-1-22.)Every fact on this page links to its source, starting with the official bill record.