govt.fyi
Back to SB 118
Illinois General Assembly· SB 118Governor Approved

DHS-GAMBLING DISORDERS, the official text

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.