Bill Text: IL HB5579 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Crime Victims Compensation Act. Deletes the requirement that the victim must report the crime within certain time periods for certain crimes to be eligible to apply for an award under this Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5579 Detail]

Download: Illinois-2023-HB5579-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5579 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
740 ILCS 45/6.1 from Ch. 70, par. 76.1
Amends the Crime Victims Compensation Act. Deletes the requirement that the victim must report the crime within certain time periods for certain crimes to be eligible to apply for an award under this Act.
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A BILL FOR
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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 Section 6.1 as follows:
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
(a) Within 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
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.

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(a-1) 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) (Blank). 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 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

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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.
(c) The applicant has cooperated with law enforcement
officials in the apprehension and prosecution of the
assailant. 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
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.

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