Bill Text: IL HB3596 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Crimes Victim Compensation Act. Includes additional expenses and costs in the definition of "pecuniary loss". Removes language providing that: no compensation may be granted while the applicant or victim is held in a correctional institution; and a victim who has been convicted of a felony may apply for assistance at any time but no award of compensation may be considered until the applicant meets certain requirements. Requires the Attorney General to: provide an applicant with written notification of a drafted award determination; present the drafted award determination to the Court of Claims within 90 days of the application being submitted; make all applications and forms available electronically; translate all paper and electronic forms and applications into the 5 most common non-English languages in the State; maintain an online application system; and maintain a case-tracking system to track the status of an application. Allows a victim or applicant to obtain a law enforcement report and provide it to the Attorney General under certain circumstances. Removes time limit and law enforcement notification requirements for submitting an application for compensation. Provides that a victim of a crime who has presented oneself to a hospital for medical care or sexual assault evidence collection is not required to reveal the cause of the injuries or health needs. Provides that a victim of crime is not required to present oneself to a hospital for medical care or sexual assault evidence collection within a specified period of time. Provides that when submitting an application for compensation, the victim or applicant must provide to the Attorney General a sworn statement of the victim or applicant that attests to the victim's or applicant's experience of a crime of violence. Provides that cooperation with law enforcement is not required for a victim of certain offenses to submit an application. Provides that it is presumed that a crime victim or applicant did not provoke, incite, assist, attempt, or commit the criminal act that led to the victim's injury or death. Requires the Attorney General to create a process with forms and applications for applying for emergency awards, create a process for determining emergency awards within 48 hours of the filing of the application, and publicize the process on the Attorney General's website.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3596 Detail]

Download: Illinois-2023-HB3596-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3596 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
See Index
Amends the Crimes Victim Compensation Act. Includes additional expenses and costs in the definition of "pecuniary loss". Removes language providing that: no compensation may be granted while the applicant or victim is held in a correctional institution; and a victim who has been convicted of a felony may apply for assistance at any time but no award of compensation may be considered until the applicant meets certain requirements. Requires the Attorney General to: provide an applicant with written notification of a drafted award determination; present the drafted award determination to the Court of Claims within 90 days of the application being submitted; make all applications and forms available electronically; translate all paper and electronic forms and applications into the 5 most common non-English languages in the State; maintain an online application system; and maintain a case-tracking system to track the status of an application. Allows a victim or applicant to obtain a law enforcement report and provide it to the Attorney General under certain circumstances. Removes time limit and law enforcement notification requirements for submitting an application for compensation. Provides that a victim of a crime who has presented oneself to a hospital for medical care or sexual assault evidence collection is not required to reveal the cause of the injuries or health needs. Provides that a victim of crime is not required to present oneself to a hospital for medical care or sexual assault evidence collection within a specified period of time. Provides that when submitting an application for compensation, the victim or applicant must provide to the Attorney General a sworn statement of the victim or applicant that attests to the victim's or applicant's experience of a crime of violence. Provides that cooperation with law enforcement is not required for a victim of certain offenses to submit an application. Provides that it is presumed that a crime victim or applicant did not provoke, incite, assist, attempt, or commit the criminal act that led to the victim's injury or death. Requires the Attorney General to create a process with forms and applications for applying for emergency awards, create a process for determining emergency awards within 48 hours of the filing of the application, and publicize the process on the Attorney General's website.
LRB103 27123 LNS 53491 b
A BILL FOR
HB3596 LRB103 27123 LNS 53491 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Crime Victims Compensation Act is amended
by changing Sections 2, 2.5, 4.1, 4.2, 6.1, 10.1, and 10.2 as
follows:
(740 ILCS 45/2)
(Text of Section before amendment by P.A. 102-982)
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
or the Attorney General 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.
The changes made to this subsection by Public Act 101-652
this amendatory Act of the 101st General Assembly apply to
actions commenced or pending on or after January 1, 2022.
(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

HB3596 - 2 - LRB103 27123 LNS 53491 b
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 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, 12-20.5, 12-30, 20-1 or 20-1.1,
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
the Cemetery Protection Act, Section 125 of the Stalking No
Contact Order Act, Section 219 of the Civil No Contact Order
Act, driving under the influence as defined in Section 11-501
of the Illinois Vehicle Code, a violation of Section 11-401 of
the Illinois Vehicle Code, provided the victim was a
pedestrian or was operating a vehicle moved solely by human
power or a mobility device at the time of contact, and a
violation of Section 11-204.1 of the Illinois Vehicle Code; so
long as the offense did not occur 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.

HB3596 - 3 - LRB103 27123 LNS 53491 b
(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 spouse, parent, or child
of a person killed or injured in this State as a result of a
crime of violence perpetrated or attempted against the person,
or anyone living in the household of a person killed or injured
in a relationship that is substantially similar to that of a
parent, spouse, or child, (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 person
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, (5.05) a person who will be called as a witness by the
prosecution to establish a necessary nexus between the
offender and the 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, or half sister of a
person killed or injured in this State as a result of a crime
of violence, (6) an Illinois resident who is a victim of a

HB3596 - 4 - LRB103 27123 LNS 53491 b
"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, (7) a deceased person whose
body is dismembered or whose remains are desecrated as the
result of a crime of violence, or (8) 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 parent, spouse, or child under
the age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
(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, aunt, or anyone
living in the household of a person killed or injured in a
relationship that is substantially similar to that of a
parent, spouse, or child.

HB3596 - 5 - LRB103 27123 LNS 53491 b
(g) "Child" means a son or daughter 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, appropriate expenses for
care or counseling by a licensed clinical psychologist,
licensed clinical social worker, licensed professional
counselor, 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 counseling treatment facilities;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; expenses incurred for the
towing and storage of a victim's vehicle in connection with a
crime of violence, to a maximum of $1,000; costs associated
with trafficking tattoo removal by a person authorized or
licensed to perform the specific removal procedure;
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;

HB3596 - 6 - LRB103 27123 LNS 53491 b
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 $1,250 per month; dependents
replacement services loss, to a maximum of $1,250 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 be awarded up to a maximum of $10,000 and loss of
support of the dependents of the victim; in the case of
dismemberment or desecration of a body, expenses for funeral
and burial, all of which may be awarded up to a maximum of
$10,000. 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

HB3596 - 7 - LRB103 27123 LNS 53491 b
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 $2,400 per month, whichever is less or, in
cases where the absences commenced more than 3 years from the
date of the crime, on the basis of the net monthly earnings for
the 6 months immediately preceding the date of the first
absence, not to exceed $2,400 per month. 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.
The changes made to this subsection by Public Act 101-652
this amendatory Act of the 101st General Assembly apply to
actions commenced or pending on or after January 1, 2022.
(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

HB3596 - 8 - LRB103 27123 LNS 53491 b
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,
stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent,
stepparent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
102-27, eff. 6-25-21; 102-905, eff. 1-1-23; revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
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
or the Attorney General 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

HB3596 - 9 - LRB103 27123 LNS 53491 b
deceased victim of a crime of violence for his or her support
at the time of the death of that victim.
The changes made to this subsection by Public Act 101-652
this amendatory Act of the 101st General Assembly apply to
actions commenced or pending on or after January 1, 2022.
(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, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 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, 12-20.5, 12-30, 20-1 or 20-1.1,
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
the Cemetery Protection Act, Section 125 of the Stalking No
Contact Order Act, Section 219 of the Civil No Contact Order
Act, driving under the influence as defined in Section 11-501
of the Illinois Vehicle Code, a violation of Section 11-401 of
the Illinois Vehicle Code, provided the victim was a
pedestrian or was operating a vehicle moved solely by human
power or a mobility device at the time of contact, and a
violation of Section 11-204.1 of the Illinois Vehicle Code; so
long as the offense did not occur during a civil riot,

HB3596 - 10 - LRB103 27123 LNS 53491 b
insurrection or rebellion. "Crime of violence" does not
include any other offense or crash 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 spouse, parent, or child
of a person killed or injured in this State as a result of a
crime of violence perpetrated or attempted against the person,
or anyone living in the household of a person killed or injured
in a relationship that is substantially similar to that of a
parent, spouse, or child, (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 person
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, (5.05) a person who will be called as a witness by the

HB3596 - 11 - LRB103 27123 LNS 53491 b
prosecution to establish a necessary nexus between the
offender and the 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, or half sister of a
person killed or injured in this State as a result of a crime
of violence, (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, (7) a deceased person whose
body is dismembered or whose remains are desecrated as the
result of a crime of violence, or (8) 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 parent, spouse, or child under
the age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
(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

HB3596 - 12 - LRB103 27123 LNS 53491 b
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, aunt, or anyone
living in the household of a person killed or injured in a
relationship that is substantially similar to that of a
parent, spouse, or child.
(g) "Child" means a son or daughter 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, appropriate expenses for
care or counseling by a licensed clinical psychologist,
licensed clinical social worker, licensed professional
counselor, 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 counseling treatment facilities;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; expenses incurred for the
towing and storage of a victim's vehicle in connection with a
crime of violence, to a maximum of $1,000; costs associated
with trafficking tattoo removal by a person authorized or

HB3596 - 13 - LRB103 27123 LNS 53491 b
licensed to perform the specific removal procedure;
replacement costs for clothing and bedding used as evidence;
replacement costs for personal belongings and essential items
damaged or destroyed in the commission of or as a result of the
violent crime; replacement costs for personal belongings or
essential items left behind by victims of offenses defined in
Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code
of 1961 or the Criminal Code of 2012; 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, doors, 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 $1,250 per month; dependents replacement services loss, to
a maximum of $1,250 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

HB3596 - 14 - LRB103 27123 LNS 53491 b
unable to continue attendance at school as a result of the
crime of violence perpetrated against him or her; attorney's
fees for legal proceedings related to the victim's or
applicant's victimization but not related to applications
under this Act; expenses and loss as a result of economic abuse
as defined by paragraph (49) of Section 2 of the federal
Violence Against Women Act in connection with a crime of
violence under this Act; loss of earnings, including, but not
limited to, the victim or the victim's family or household
member taking leave from work as a result of experiencing a
crime of violence or to address the crime of violence by
seeking medical attention for, or recovery from, physical or
psychological injuries caused by the crime of violence to the
victim or the victim's family or household member; obtaining
services from a victim services organization for the victim or
the victim's family or household member; obtaining
psychological or other counseling for the victim or the
victim's family or household member; participating in safety
planning, temporarily or permanently relocating, or taking
other actions to increase the safety of the victim or the
victim's family or household member from future crimes of
violence or ensure economic security; seeking legal assistance
or remedies to ensure the health and safety of the victim or
the victim's family or household member, including preparing
for or participating in any civil or criminal legal proceeding
related to or derived from the crime of violence; loss of

HB3596 - 15 - LRB103 27123 LNS 53491 b
earnings, loss of future earnings because of disability
resulting from the injury, and, in addition, in the case of
death, expenses for funeral, burial, headstone, 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 be awarded up to a maximum of $10,000 and loss of
support of the dependents of the victim; in the case of
dismemberment or desecration of a body, expenses for funeral,
and burial, and headstone, all of which may be awarded up to a
maximum of $10,000. 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 $2,400 per month, whichever is less or, in
cases where the absences commenced more than 3 years from the
date of the crime, on the basis of the net monthly earnings for
the 6 months immediately preceding the date of the first
absence, not to exceed $2,400 per month. 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

HB3596 - 16 - LRB103 27123 LNS 53491 b
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 and all parts of vehicles, houses,
apartments, town houses, or condominiums. Pecuniary loss does
not include pain and suffering or property loss or damage.
The changes made to this subsection by Public Act 101-652
this amendatory Act of the 101st General Assembly apply to
actions commenced or pending on or after January 1, 2022.
(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,
stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent,
stepparent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a

HB3596 - 17 - LRB103 27123 LNS 53491 b
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
102-27, eff. 6-25-21; 102-905, eff. 1-1-23; 102-982, eff.
7-1-23; revised 12-14-22.)
(740 ILCS 45/2.5)
Sec. 2.5. Felon as victim. A victim's criminal history or
felony status shall not automatically prevent compensation to
that victim or the victim's family. However, no compensation
may be granted to a victim or applicant under this Act while
the applicant or victim is held in a correctional institution.
For purposes of this Section, the death of a felon who is
serving a term of parole, probation, or mandatory supervised
release shall be considered a discharge from that sentence.
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.
The changes made to this Section by this amendatory Act of
the 96th General Assembly apply to actions commenced or
pending on or after the effective date of this amendatory Act
of the 96th General Assembly.
(Source: P.A. 101-652, eff. 7-1-21.)
(740 ILCS 45/4.1) (from Ch. 70, par. 74.1)

HB3596 - 18 - LRB103 27123 LNS 53491 b
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:
(1) investigate all claims, and prepare and present an
investigatory report, and a draft an award determination,
provide the applicant with written notification of the
drafted award determination, and within 90 days of the
applicant submitting a complete application present the
drafted award determination to the Court of Claims for a
review period of 28 business days;
(2) upon conclusion of the review by the Court of
Claims, provide the applicant with a compensation
determination letter;
(3) prescribe and furnish all applications and other
forms required to be filed in the office of the Attorney
General by the terms of this Act, make all applications
and forms available electronically through the Attorney
General's website, translate all paper and electronic
forms and applications into the 5 most common non-English
languages in this State, maintain an online application
system that enables an applicant to resume filing
applications, and maintain a case-tracking system for an
applicant to track the status of the application; and
(4) represent the interests of the State of Illinois
in any hearing before the Court of Claims.
The changes made to this Section by this amendatory Act of

HB3596 - 19 - LRB103 27123 LNS 53491 b
the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
(740 ILCS 45/4.2)
Sec. 4.2. Cooperation in review of crime victims
compensation applications. A law enforcement agency in this
State shall, within 15 days of receipt of a written request for
a police report made to verify that the requirements of a crime
victims compensation application under Section 6.1 of this Act
have been met, provide the Attorney General's office with the
law enforcement agency's full written report of the
investigation of the crime for which an application for
compensation has been filed. If the law enforcement agency
does not provide the Attorney General's office with the law
enforcement agency's full written report of the investigation
of the crime for which an application for compensation has
been filed within 15 days of receipt of the written request,
the victim or applicant may obtain and provide a law
enforcement report to the Attorney General and the Attorney
General shall proceed with the review of the application. The
law enforcement agency may redact the following from the
report: names of confidential sources and informants;
locations from which law enforcement conduct surveillance; and
information related to issues of national security the law
enforcement agency provided to or received from the United

HB3596 - 20 - LRB103 27123 LNS 53491 b
States Department of Homeland Security or another federal law
enforcement agency. The Attorney General's office and a law
enforcement agency may agree to the redaction of other
information in the report or to the provision of necessary
information in another format. Within 15 days of receipt of
the request, a law enforcement agency shall respond to a
written request from the Attorney General's office for
additional information necessary to assist the Attorney
General's office in making a recommendation for compensation.
Records that are obtained by the Attorney General's office
from a law enforcement agency under this Section for purposes
of investigating an application for crime victim compensation
shall not be disclosed to the public, including the applicant,
by the Attorney General's office. The records, while in the
possession of the Attorney General's office, shall be exempt
from disclosure by the Attorney General's office under the
Freedom of Information Act.
(Source: P.A. 100-690, eff. 1-1-19.)
(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) The Within 5 years of the occurrence of the crime,
or within one year after a criminal charge of a person for
an offense, upon which the claim is based, the applicant
presents an application, under oath, to the Attorney

HB3596 - 21 - LRB103 27123 LNS 53491 b
General that is filed 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 is determined
by a court to be under a legal disability as a result of
the occurrence, he or she may present the application
required by this subsection within 3 years after he or she
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.
(a-1) (Blank). The Attorney General and the Court of
Claims may accept an application presented after the
period provided in subsection (a) if the Attorney General
determines that the applicant had good cause for a delay.
(b) (Blank). 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
10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of

HB3596 - 22 - LRB103 27123 LNS 53491 b
1961 or the Criminal Code of 2012, 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. If the
applicant or victim has obtained an order of protection, a
civil no contact order, or a stalking no contact order,
has presented himself or herself to a hospital for medical
care or sexual assault evidence collection, or is engaged
in a legal proceeding involving a claim that the applicant
or victim is a victim of human trafficking, such action
shall constitute appropriate notification under this
subsection (b-1) or subsection (b) of this Section. A
victim of crime who has presented himself or herself to a
hospital for medical care or sexual assault evidence
collection is not required to reveal the cause of his or
her injuries or health needs. A victim of crime is not
required to present himself or herself to a hospital for
medical care or sexual assault evidence collection within
a specified time.
(b-2) For all crimes of violence, the victim or
applicant provides to the Attorney General a sworn
statement of the victim or applicant that attests to the
victim's or applicant's experience of a crime or crimes of

HB3596 - 23 - LRB103 27123 LNS 53491 b
violence, and if the victim or applicant has possession of
corroborating evidence, the victim or applicant may
provide one of the following documents: law enforcement
report; medical records; confirmation of sexual assault
evidence collection; order of protection; civil no contact
order; stalking no contact order; photographs; letter from
a service provider who serves victims of crime; affidavit
from a witness of the crime of violence; court or legal
proceeding record; military record; or other corroborating
evidence.
(c) The applicant has cooperated with law enforcement
officials in the apprehension and prosecution of the
assailant. Cooperation with law enforcement is not
required for a victim of an offense defined in Sections
10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
1961 or the Criminal Code of 2012. A victim of an offense
defined in Sections 10-9, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, and 12-16
of the Criminal Code of 1961 or the Criminal Code of 2012
shall not be determined to have failed to cooperate based
on the victim's conduct with law enforcement at the scene
of the crime. Lack of cooperation shall not be found
solely because the victim delayed reporting the qualifying
crime. If the applicant or victim has obtained an order of
protection, a civil no contact order, or a stalking no

HB3596 - 24 - LRB103 27123 LNS 53491 b
contact order, has presented himself or herself to a
hospital for medical care or sexual assault evidence
collection, or is engaged in a legal proceeding involving
a claim that the applicant or victim is a victim of human
trafficking, such action shall constitute cooperation
under this subsection (c). If the victim is under 18 years
of age at the time of the commission of the offense, the
following shall constitute cooperation under this
subsection (c):
(1) the applicant or the victim files a police
report with a law enforcement agency;
(2) a mandated reporter reports the crime to law
enforcement; or
(3) a person with firsthand knowledge of the crime
reports the crime to law enforcement.
(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) (Blank).
(f) For victims of offenses defined in Section 10-9 of
the Criminal Code of 2012, the victim submits a statement
under oath on a form prescribed by the Attorney General
attesting that the removed tattoo was applied in
connection with the commission of the offense.
(g) In determining whether cooperation has been
reasonable, the Attorney General and Court of Claims may

HB3596 - 25 - LRB103 27123 LNS 53491 b
consider the victim's age, physical condition,
psychological state, cultural or linguistic barriers, and
compelling health and safety concerns, including, but not
limited to, a reasonable fear of retaliation or harm that
would jeopardize the well-being of the victim or the
victim's family, and giving due consideration to the
degree of cooperation that the victim or derivative victim
is capable of in light of the presence of any of these
factors, or any other factor the Attorney General
considers relevant.
The changes made to this Section by this amendatory Act of
the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
(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 expenses of the victim to the extent to which

HB3596 - 26 - LRB103 27123 LNS 53491 b
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 injury or death was
caused by provocation or incitement by the victim or the
victim assisting, attempting, or committing a criminal
act. It is presumed that a crime victim or applicant did
not provoke, incite, assist, attempt, or commit the
criminal act that led to the victim's injury or death
unless clear and convincing evidence exists that relief
under this Act would lead to unjust enrichment. A denial
or reduction shall not automatically bar the survivors of
homicide victims from receiving compensation for
counseling, crime scene cleanup, relocation, funeral or
burial costs, and loss of support if the survivor's
actions have not initiated, provoked, or aggravated the
suspect into initiating the qualifying crime.
(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

HB3596 - 27 - LRB103 27123 LNS 53491 b
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, $27,000 for a
crime committed on or after August 7, 1998 and prior to
August 7, 2022, or $45,000 for a crime committed on or
after August 7, 2022. 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, and Veterans

HB3596 - 28 - LRB103 27123 LNS 53491 b
Administration burial benefits, and life, health,
accident, full vehicle coverage (including towing
insurance, if available), or liability insurance.
(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
(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. Emergency awards may be issued to the applicant for the
purpose of paying funeral and burial expenses directly to a
funeral home and for relocation expenses incurred by an
applicant. 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.
The Attorney General must create a process with forms and
applications for applying for emergency awards, create a
process for determining emergency awards within 48 hours of
the filing of the application, and publicize this process on
the Attorney General's website.
(b) Emergency award applicants must satisfy all

HB3596 - 29 - LRB103 27123 LNS 53491 b
requirements under Section 6.1 of this Act.
(Source: P.A. 102-27, eff. 1-1-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
HB3596 - 30 - LRB103 27123 LNS 53491 b
INDEX
Statutes amended in order of appearance