Bill Text: IL SB3713 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Juvenile Court Act of 1987 to provide that law enforcement agencies may disclose law enforcement reports and records to the Attorney General to comply with the Crime Victims Compensation Act. Amends the Crime Victims Compensation Act. Defines "applicant", "crime of violence", "victim", "pecuniary loss", "dating relationship", and other terms. Provides that no compensation may be granted to an applicant under the Act while the applicant is held in a correctional institution. Provides that an applicant who is held in a correctional institution may apply for assistance under this Act at any time, but no award of compensation may be considered until the applicant is released. Authorizes the Attorney General to issue subpoenas to compel the production of law enforcement reports maintained by the enforcement agencies. Provides that if the victim or applicant has obtained an order of protection, a civil no contact order, or a stalking no contact order or the crime was allegedly committed by law enforcement use of force, it is appropriate notification if the applicant or victim has been treated by the medical provider or mental health provider. Creates criteria to determine whether an applicant has cooperated with law enforcement. Provides that an applicant may provide notification by being treated by a mental health provider for psychological injuries for injuries arising from violations of the Criminal Code of 2012 for trafficking, sex crimes, and bodily harm. Requires the mental health provider to perform an independent medical evaluation and provide an opinion regarding causation of those injuries. Creates criteria for the Attorney General to use in evaluating an applicant's cooperation. Provides that an applicant's failure to respond to the Attorney General or Court of Claims may result in the claim being closed without compensation. Provides that an award shall be reduced or denied to the extent by which the victim's behavior posed an imminent threat of death or serious bodily injury to a law enforcement office and the victim's behavior was direct and proximate cause of the victim's injury in claims that a law enforcement officer's use of force caused the victim's injury or death. Makes other changes. Effective immediately, except certain provisions take effect January 1, 2025.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-1037 [SB3713 Detail]

Download: Illinois-2023-SB3713-Chaptered.html

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Public Act 103-1037
SB3713 Enrolled LRB103 37601 JRC 67727 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 Juvenile Court Act of 1987 is amended by
changing Section 5-905 as follows:
(705 ILCS 405/5-905)
Sec. 5-905. Law enforcement records.
(1) Law Enforcement Records. Inspection and copying of law
enforcement records maintained by law enforcement agencies
that relate to a minor who has been investigated, arrested, or
taken into custody before the minor's 18th birthday shall be
restricted to the following and when necessary for the
discharge of their official duties:
(a) A judge of the circuit court and members of the
staff of the court designated by the judge;
(b) Law enforcement officers, probation officers or
prosecutors or their staff, or, when necessary for the
discharge of its official duties in connection with a
particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers;

(c) The minor, the minor's parents or legal guardian
and their attorneys, but only when the juvenile has been
charged with an offense;
(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
permission of the judge of juvenile court and the chief
executive of the agency that prepared the particular
recording: provided that publication of such research
results in no disclosure of a minor's identity and
protects the confidentiality of the record;
(g) Individuals responsible for supervising or
providing temporary or permanent care and custody of
minors pursuant to orders of the juvenile court or
directives from officials of the Department of Children
and Family Services or the Department of Human Services
who certify in writing that the information will not be
disclosed to any other party except as provided under law
or order of court;
(h) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to
law enforcement records transmitted to the appropriate
school official or officials whom the school has

determined to have a legitimate educational or safety
interest by a local law enforcement agency under a
reciprocal reporting system established and maintained
between the school district and the local law
enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of
2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of

2012.
The information derived from the law enforcement
records shall be kept separate from and shall not
become a part of the official school record of that
child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be
referred to in-school or community based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject

of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written law enforcement
records, and shall be used solely by the appropriate
school official or officials to protect the safety of
students and employees in the school and aid in the
proper rehabilitation of the child. The information
derived orally from the local law enforcement
officials shall be kept separate from and shall not
become a part of the official school record of the
child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity;
(i) The president of a park district. Inspection and
copying shall be limited to law enforcement records
transmitted to the president of the park district by the
Illinois State Police under Section 8-23 of the Park
District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment

with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code
or subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(2) Information identifying victims and alleged victims of
sex offenses, shall not be disclosed or open to public
inspection under any circumstances. Nothing in this Section
shall prohibit the victim or alleged victim of any sex offense
from voluntarily disclosing this identity.
(2.5) If the minor is a victim of aggravated battery,
battery, attempted first degree murder, or other non-sexual
violent offense, the identity of the victim may be disclosed
to appropriate school officials, for the purpose of preventing
foreseeable future violence involving minors, by a local law
enforcement agency pursuant to an agreement established
between the school district and a local law enforcement agency
subject to the approval by the presiding judge of the juvenile
court.
(3) Relevant information, reports and records shall be
made available to the Department of Juvenile Justice when a
juvenile offender has been placed in the custody of the
Department of Juvenile Justice.
(4) Nothing in this Section shall prohibit the inspection
or disclosure to victims and witnesses of photographs
contained in the records of law enforcement agencies when the

inspection or disclosure is conducted in the presence of a law
enforcement officer for purposes of identification or
apprehension of any person in the course of any criminal
investigation or prosecution.
(5) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
adults and may not be open to public inspection or their
contents disclosed to the public except by order of the court
or when the institution of criminal proceedings has been
permitted under Section 5-130 or 5-805 or required under
Section 5-130 or 5-805 or such a person has been convicted of a
crime and is the subject of pre-sentence investigation or when
provided by law.
(6) Except as otherwise provided in this subsection (6),
law enforcement officers, and personnel of an independent
agency created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of law
enforcement officers, may not disclose the identity of any
minor in releasing information to the general public as to the
arrest, investigation or disposition of any case involving a
minor. Any victim or parent or legal guardian of a victim may
petition the court to disclose the name and address of the
minor and the minor's parents or legal guardian, or both. Upon

a finding by clear and convincing evidence that the disclosure
is either necessary for the victim to pursue a civil remedy
against the minor or the minor's parents or legal guardian, or
both, or to protect the victim's person or property from the
minor, then the court may order the disclosure of the
information to the victim or to the parent or legal guardian of
the victim only for the purpose of the victim pursuing a civil
remedy against the minor or the minor's parents or legal
guardian, or both, or to protect the victim's person or
property from the minor.
(7) Nothing contained in this Section shall prohibit law
enforcement agencies when acting in their official capacity
from communicating with each other by letter, memorandum,
teletype or intelligence alert bulletin or other means the
identity or other relevant information pertaining to a person
under 18 years of age. The information provided under this
subsection (7) shall remain confidential and shall not be
publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this
Section except when acting in the person's official capacity
and as provided by law or order of court.
(9) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(10) Nothing contained in this Section shall prohibit law

enforcement agencies from disclosing law enforcement reports
and records to the Attorney General for the purposes of
complying with the Crime Victims Compensation Act.
(Source: P.A. 103-22, eff. 8-8-23.)
Section 10. The Crime Victims Compensation Act is amended
by changing Sections 2, 2.5, 4.1, 4.2, 5.1, 6.1, 7.1, 8.1,
10.1, and 18.5 as follows:
(740 ILCS 45/2)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any of the following claiming
compensation under this Act: a victim, a person who was a
dependent of a deceased victim of a crime of violence for the
person's support at the time of the death of that victim, a
person who legally assumes the obligation or who voluntarily
pays the medical or the funeral or burial expenses incurred as
a direct result of the crime, and any other 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.
(1) A victim.
(2) If the victim was a guardian or primary caregiver
to an adult who is physically or mentally incapacitated,
that adult who is physically or mentally incapacitated.

(3) A guardian of a minor or of a person under legal
disability.
(4) A person who, at the time the crime occurred,
resided in the same dwelling as the victim, solely for the
purpose of compensating for any of the following:
(A) Pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime.
(B) Loss of earnings under paragraph (14.5) of
subsection (h) for time off from work necessary to
provide full time care for the injured victim.
(C) Relocation expenses.
(5) A person who assumes a legal obligation or
voluntarily pays for a victim's medical or funeral or
burial expenses.
(6) Any other person the Court of Claims or the
Attorney General finds is entitled to compensation.
The changes made to this subsection by Public Act 101-652
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, 12-3.05, 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 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 dwelling 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 grandparent,
grandchild, brother, sister, half brother, or half sister of a
person killed or injured in this State as a result of a crime
of violence, applying 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, loss of earnings under paragraph (14.5) of subsection
(h) for time off from work necessary to provide full time care
for the injured victim, or relocation if the crime occurred
within the dwelling of the applicant, (5.2) any person who was
in a dating relationship with a person killed in this State as
a result of a crime of violence, 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, (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) the parent, spouse, or
child of a deceased person whose body is dismembered or whose
remains are desecrated as the result of a crime of violence, or
(8) (blank), or (9) an individual who is injured or killed in
an incident in which a law enforcement officer's use of force
caused bodily harm or death to that individual.
(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 dwelling 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:
(1) 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;
(2) transportation expenses to and from medical and
counseling treatment facilities;
(3) prosthetic appliances, eyeglasses, and hearing
aids necessary or damaged as a result of the crime;
(4) 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;

(5) costs associated with trafficking tattoo removal
by a person authorized or licensed to perform the specific
removal procedure; for victims of offenses defined in
Section 10-9 of the Criminal Code of 2012, the victim
shall submit 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;
(6) replacement costs for clothing and bedding used as
evidence;
(7) costs associated with temporary lodging or
relocation necessary as a result of the crime, including,
but not limited to, the first 2 months' 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;
(8) locks, doors, or windows necessary or damaged as a
result of the crime;
(9) 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; "real and personal property"
includes, but is not limited to, vehicles, houses,
apartments, townhouses, or condominiums;
(10) the costs of appropriate crime scene clean-up;

(11) replacement services loss, to a maximum of $1,250
per month, with this amount to be divided in proportion to
the amount of the actual loss among those entitled to
compensation;
(12) dependents replacement services loss, to a
maximum of $1,250 per month, with this amount to be
divided in proportion to the amount of the actual loss
among those entitled to compensation;
(13) 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;
(14) loss of earnings, loss of future earnings because
of disability resulting from the injury. Loss of future
earnings shall be reduced by any income from substitute
work actually performed by the victim or by income the
victim would have earned in available appropriate
substitute work the victim was capable of performing but
unreasonably failed to undertake; loss of earnings and
loss of future earnings 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;
(14.5) loss of earnings for applicants or loss of
future earnings for applicants. The applicant must
demonstrate that the loss of earnings is a direct result
of circumstances attributed to the crime including, but
not limited to, court appearances, funeral preparation and
bereavement, receipt of medical or psychological care;
loss of earnings and loss of future earnings shall be
determined on the basis of the applicant'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;
(15) loss of support of the dependents of the victim.
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. Loss of support
for minors shall be divided in proportion to the amount of
the actual loss among those entitled to such compensation;
(16) in the case of death, expenses for reasonable
funeral, burial, headstone, cremation, 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 for each victim. Other individuals that have paid
or become obligated to pay funeral, cremation, or burial
expenses, including a headstone, for the deceased shall
share a maximum award of $10,000, with the award divided
in proportion to the amount of the actual loss among those
entitled to compensation; and
(17) in the case of dismemberment or desecration of a
body, expenses for reasonable funeral, and burial,
headstone, and cremation, all of which may be awarded up

to a maximum of $10,000 for each victim. Other individuals
that have paid or become obligated to pay funeral,
cremation, or burial expenses, including a headstone, for
the deceased shall share a maximum award of $10,000, with
the award divided in proportion to the amount of the
actual loss among those entitled to compensation; and .
(19) legal fees resulting from proceedings that became
necessary solely because of the crime, including, but not
limited to, establishing a legal guardian for the minor
victim or the minor child of a victim, or obtaining a
restraining order, no contact order, or order of
protection, awarded up to a maximum of $3,500.
"Pecuniary loss" does not include pain and suffering or
property loss or damage.
The changes made to this subsection by Public Act 101-652
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
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(n) "Dwelling" means a person's primary home. A person may
be required to provide verification or proof of residence
including, but not limited to, a lease agreement, utility
bill, license registration, document showing the mailing
address, pay stub, tax form, or notarized statement.
(o) "Dating relationship" means a current, continuous,
romantic, courtship, or engagement relationship, often
characterized by actions of an intimate or sexual nature or an
expectation of affection. "Dating relationship" does not
include a casual acquaintanceship or ordinary fraternization
between persons in a business or social context.
(p) "Medical facility" means a facility for the delivery
of health services. "Medical facility" includes, but is not
limited to, a hospital, public health center, outpatient
medical facility, federally qualified health center, migrant
health center, community health center, or State correctional
institution.

(q) "Mental health provider" means a licensed clinical
psychologist, a licensed clinical social worker, a licensed
professional counselor, or a licensed clinical professional
counselor as defined in the Mental Health and Developmental
Disabilities Code.
(r) "Independent medical evaluation" means an assessment
by a mental health provider who is not currently providing
treatment to the applicant and will not seek reimbursement
from the program for continuing treatment after the
assessment. A provider may seek reimbursement for the
assessment.
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff.
11-17-23.)
(740 ILCS 45/2.5)
Sec. 2.5. Felony status Felon as victim. A victim's
criminal history or felony status shall not automatically
prevent compensation to that victim or the victim's family. No
compensation may be granted to an applicant under this Act
while the applicant is held in a correctional institution. An
applicant who is held in a correctional institution 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. 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)
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 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; and
(4) represent the interests of the State of Illinois
in any hearing before the Court of Claims; and .
(5) upon failure to comply with Section 4.2, the
Attorney General's office shall have the power to issue
subpoenas to compel the production of law enforcement
reports maintained by law enforcement agencies.
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 45/4.2)
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. 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 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.
An applicant may obtain and provide a law enforcement
report to the Attorney General and the Attorney General may
proceed with the review of the application. If the copy of the
law enforcement report provided by the applicant does not
contain all the information the Attorney General needs to move
forward with the review of the application, the Attorney
General may proceed with requesting from the law enforcement
agency the full written report of the investigation.
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. Law enforcement reports or
other documentation obtained by the Attorney General's office
from an applicant, victim, or third party under this Act for

the purposes of investigating an application for crime victim
compensation shall not be disclosed to the public or any
individual or entity, not including the individual who
supplied the report or documentation, by the Attorney
General's office. Any The records obtained by the Attorney
General's office to process the application, including but not
limited to applications, documents, and photographs, 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 45/5.1) (from Ch. 70, par. 75.1)
Sec. 5.1. (a) Every hospital licensed under the laws of
this State shall display prominently in its emergency room
posters giving notification of the existence and general
provisions of this Act. The posters may be displayed by
physical or electronic means. Such posters shall be provided
by the Attorney General.
(b) Any law enforcement agency that investigates an
offense committed in this State shall inform the victim or any
potential applicant contacted during the course of an
investigation or arrest regarding of the offense or his
dependents concerning the Crime Victims Compensation Program,
availability of an award of compensation and advise such
persons that any information concerning this Act and the

filing of a claim may be obtained from the office of the
Attorney General.
(c) The Office of the Attorney General shall make
available on its website applications, forms, posters, and
general information that law enforcement agencies and
hospitals may use to comply with this Section.
(Source: P.A. 102-4, eff. 4-27-21.)
(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) Timing. 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.
(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) Notification. The 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. If the
notification was made more than 72 hours after the
perpetration of the crime and the applicant establishes
that the notice was timely under the circumstances, the
Attorney General and the Court of Claims may extend the
time for reporting to law enforcement.
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, and
12-14 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, if the
notification was made more than 7 days after the
perpetration of the crime, the applicant establishes that

the notice was timely under the circumstances.
(b-1) If, in lieu of a law enforcement report, 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 medical facility hospital for medical care or
sexual assault evidence collection, has presented to a
mental health provider for an independent medical
evaluation, or is engaged in a legal proceeding involving
a claim that the applicant or victim is a victim of human
trafficking or law enforcement use of force, such action
shall constitute appropriate notification under this
subsection (b-1) or subsection (b) of this Section.
(b-2) For purposes of notification under this Act, a
victim who presents to a medical facility shall provide
information sufficient to fulfill the requirements of this
Section, except that the victim shall not be required to

identify the offender to the medical provider.
(b-3) An applicant who is filing a claim that a law
enforcement officer's use of force caused injury or death,
may fulfill the notification requirement by complying with
subsection (b), filing a complaint with the Illinois Law
Enforcement Training Standards Board, filing a lawsuit
against a law enforcement officer or department, or
presenting evidence that the victim has obtained a
settlement or a verdict in a civil suit. An application
filed by an individual presenting evidence of a verdict in
a civil suit must be filed within one year after the
resolution of the civil suit.
(b-4) An applicant may provide notification to a
mental health provider regarding physical injuries of the
victim or for victims of offenses defined in Sections
10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the
Criminal Code of 2012, psychological injuries resulting
from the commission of the crime for which the applicant
is filing an application. The provider shall perform an
independent medical evaluation and provide the provider's
professional opinion as to whether the injuries claimed
are consistent with having resulted from the commission of
the crime for which the applicant is filing an
application.
Upon completion of the independent medical evaluation,

the mental health provider shall complete a certification
form, signed under oath. The form shall be provided by the
Office of the Attorney General and contain the following:
(1) The provider's name, title, license number and
place of employment.
(2) Contact information for the provider.
(3) The provider's relationship with the
applicant.
(4) The date the crime was reported to the
provider.
(5) The reported crime.
(6) The date and location of the crime.
(7) If there are physical injuries, what injuries
that the mental health provider can attest to being
present on the day of the reporting if they are
consistent with the crime reported to the provider.
(8) If there are psychological injuries, whether
the provider in his or her professional opinion
believes that the injuries presented on the day of the
reporting are consistent with the crime reported to
the provider.
(9) A detailed summary of the incident, as
reported.
(10) Any documentation or photos that relate to
the crime of violence for which the applicant is
seeking reimbursement.

(c) Cooperation. 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 medical facility hospital for medical care or
sexual assault evidence collection, obtained an
independent medical examination from a mental health
provider as described in subsection (b-4), has taken any
of the actions described in subsection (b-3), 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.
In evaluating cooperation, the Attorney General and
Court of Claims may 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.
(d) If the The applicant is not barred from receiving
compensation under Section 10.1 the offender or an
accomplice of the offender and the award would not
unjustly benefit the offender or his accomplice.
(e) (Blank).
(f) (Blank). 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) (Blank). In determining whether cooperation has
been reasonable, the Attorney General and Court of Claims
may 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 45/7.1) (from Ch. 70, par. 77.1)
Sec. 7.1. (a) The application shall set out:
(1) the name and address of the victim;
(2) if the victim is deceased, the name and address of
the applicant and his or her relationship to the victim,
the names and addresses of other persons dependent on the
victim for their support and the extent to which each is so
dependent, and other persons who may be entitled to
compensation for a pecuniary loss;
(3) the date and nature of the crime on which the
application for compensation is based;
(4) the date and place where notification under
Section 6.1 was given and to whom, or the date and place of
issuance of an order of protection, no contact order,
evidence of a legal proceeding involving human
trafficking, or in cases of a law enforcement officer's
use of force, another form of documentation allowable
under Section 6.1 and the law enforcement officials to

whom notification of the crime was given;
(4.5) if the victim is providing supplemental forms of
documentation, that documentation, the date the victim
obtained that other form of documentation and the type of
documentation;
(5) the nature and extent of the injuries sustained by
the victim, and the names and addresses of those giving
medical and hospitalization treatment to the victim;
(6) the pecuniary loss to the applicant and to such
other persons as are specified under item (2) resulting
from the injury or death;
(7) the amount of benefits, payments, or awards, if
any, payable under:
(a) the Workers' Compensation Act,
(b) the Dram Shop Act,
(c) any claim, demand, or cause of action based
upon the crime-related injury or death,
(d) the Federal Medicare program,
(e) the State Public Aid program,
(f) Social Security Administration burial
benefits,
(g) Veterans administration burial benefits,
(h) life, health, accident, vehicle, towing, or
liability insurance,
(i) the Criminal Victims' Escrow Account Act,
(j) the Sexual Assault Survivors Emergency

Treatment Act,
(k) restitution, or
(l) any other source;
(8) releases authorizing the surrender to the Court of
Claims or Attorney General of reports, documents and other
information relating to the matters specified under this
Act and rules promulgated in accordance with the Act;
(9) such other information as the Court of Claims or
the Attorney General reasonably requires.
(b) The Attorney General may require that materials
substantiating the facts stated in the application be
submitted with that application.
(b-5) The victim or applicant may provide to the Attorney
General a sworn statement by the victim or applicant that
attests to the victim's or applicant's experience of a crime
or crimes of violence, in addition to documentation required
under this Act. If the victim or applicant has additional
corroborating evidence beyond those described in this Act, the
victim or applicant may provide 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 record;
military record; or any other corroborating evidence. Such
documentation or statement may be used to supplement required

documentation to verify the incident but is not required. If
an applicant is seeking an exception under subsection (b) or
(c-1) of Section 6.1, the applicant shall provide any
additional documentation, information, or statement that
substantiates the facts stated in the application.
(c) An applicant, on his or her own motion, may file an
amended application or additional substantiating materials to
correct inadvertent errors or omissions at any time before the
original application has been disposed of by the Court of
Claims or the Attorney General. In either case, the filing of
additional information or of an amended application shall be
considered for the purpose of this Act to have been filed at
the same time as the original application.
For claims submitted on or after January 1, 2022, an
amended application or additional substantiating materials to
correct inadvertent errors or omissions may be filed at any
time before the original application is disposed of by the
Attorney General or the Court of Claims.
(d) Determinations submitted by the Attorney General to
the Court of Claims shall be available to the Court of Claims
for review. The Attorney General shall provide the sources and
evidence relied upon as a basis for a compensation
determination.
(e) 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;
102-905, eff. 1-1-23.)
(740 ILCS 45/8.1) (from Ch. 70, par. 78.1)
Sec. 8.1. If an applicant does not submit all materials
substantiating his or her claim as requested of him or her by
the Attorney General, the Attorney General shall notify the
applicant in writing of the specific additional items of
information or materials required and that he or she has 45
days in which to furnish those items to the Attorney General.
The Attorney General shall report an applicant's failure to
comply within 45 days of the foregoing notice to the Court of
Claims. No award of compensation shall be made for any portion
of the applicant's claim that is not substantiated by the
applicant. An applicant may request an extension of time from
the Attorney General prior to the expiration of the 45-day
period.
After an application has been filed, an applicant's
failure to respond to communication from the Office of the
Attorney General or the Court of Claims or a failure to provide
necessary documentation to substantiate the request for
compensation may result in the claim being closed without
compensation. An applicant may submit to have the claim
reopened when the applicant is able to provide missing
information and communicate regarding the claim.
Failure to update the Office of the Attorney General with

changes to the applicant's contact information after the
application is submitted to the Office of the Attorney General
may result in applications that are not filed with the Court of
Claims or claims that are closed without compensation.
(Source: P.A. 102-27, eff. 1-1-22.)
(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
Sec. 10.1. Award of compensation. The awarding of
compensation and the amount of compensation to which an
applicant and other persons are entitled shall be based on the
following factors:
(a) Each victim may be compensated for his or her
pecuniary loss up to the maximum amount allowable.
(b) Each dependent may be compensated for loss of
support, as provided in paragraph (15) of subsection (h)
of Section 2.
(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
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. Persons that have paid or become obligated to pay

expenses for a victim shall share the maximum award with
the amount divided in proportion to the amount of the
actual loss among those entitled to compensation.
(d) Except for claims listed under subsection (d-1) of
this Section, an 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. 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.
(d-1) For claims that a law enforcement officer's use
of force resulted in injury or death to a victim, an award
shall be reduced or denied to the extent by which the
victim's behavior posed an imminent threat of death or
serious bodily injury to the law enforcement officer or
another person and such behavior of the victim was a
direct and proximate cause of the victim's injury or
death. If a police report has been made, the police report
shall not be the sole factor if the Attorney General or
Court of Claims has identified reliable information that
conflicts with the police report.

(d-2) A person who is criminally responsible for the
crime upon which a claim is based or an accomplice of such
person shall not be eligible to receive an award with
respect to such claim. A member of the family of a person
criminally responsible for the crime upon which a claim is
based or a member of the family of an accomplice of such
person shall be eligible to receive an award, unless the
person criminally responsible will receive substantial
economic benefit or unjust enrichment from the
compensation. In no event shall an applicant be denied
compensation solely because of the applicant's or the
victim's familial relationship with the offender or
because of the sharing of a dwelling by the victim or
applicant and the offender.
(d-3) 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.
(e) An award shall be reduced by the amount of
benefits, payments or awards payable under those sources
which are required to be listed under item (7) of Section
7.1(a) and any other sources except annuities, pension
plans, Federal Social Security payments payable to
dependents of the victim and the net proceeds of the first
$25,000 of life insurance that would inure to the benefit
of the applicant, which the applicant or any other person

dependent for the support of a deceased victim, as the
case may be, has received or to which he or she is entitled
as a result of injury to or death of the victim.
(f) A final award shall not exceed $10,000 for a crime
committed prior to September 22, 1979, $15,000 for a crime
committed on or after September 22, 1979 and prior to
January 1, 1986, $25,000 for a crime committed on or after
January 1, 1986 and prior to August 7, 1998, $27,000 for a
crime committed on or after August 7, 1998 and prior to
August 7, 2022, or $45,000 per victim for a crime
committed on or after August 7, 2022. For any applicant
who is not a victim, 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 who are not victims.
(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
Administration burial benefits, and life, health,
accident, full vehicle coverage (including towing
insurance, if available), or liability insurance.

Crowdfunding resources available to applicants are not
considered collateral sources of payment, regardless of
any statements made about what expenses the crowdfunding
resources will be used to pay.
(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23;
103-564, eff. 11-17-23.)
(740 ILCS 45/18.5)
Sec. 18.5. Restrictions on collection of debts incurred by
crime victims.
(a) Within 10 business days after the filing of a claim,
the Office of the Attorney General shall issue an applicant a
written notice of the crime victim compensation claim and
inform the applicant that the applicant may provide a copy of
the written notice to vendors to have debt collection
activities cease while the claim is pending.
(b) An applicant may provide a copy of the written notice
to a vendor waiting for payment of a related debt. A vendor
that receives notice of the filing of a claim under this Act
with the Court of Claims or Attorney General must cease all
debt collection activities against the applicant for a related
debt. A vendor that assists an applicant to complete or submit
an application for compensation or a vendor that submits a
bill to the Office of the Attorney General has constructive
notice of the filing of the claim and must not engage in debt
collection activities against the applicant for a related

debt. If the Court of Claims or Attorney General awards
compensation for the related debt, a vendor shall not engage
in debt collection activities while payment is pending. If the
Court of Claims denies compensation for a vendor's bill for
the related debt or a portion thereof, the vendor may not
engage in debt collection activities until 45 days after the
date of notice from the Court of Claims or the Attorney General
denying compensation in whole or in part.
(c) A vendor that has notice of a compensation claim may:
(1) submit a written request to the Attorney General for
notification of the Attorney General's decision involving a
related debt. The Attorney General shall provide notification
of payment or denial of payment within 30 days of its decision;
(2) submit a bill for a related debt to the Office of the
Attorney General; and (3) contact the Office of the Attorney
General to inquire about the status of the claim.
(d) The statute of limitations for collection of a related
debt is tolled upon the filing of the claim with the Court of
Claims and all civil actions in court against the applicant
for a related debt shall be stayed until 45 days after the
Attorney General denies or the Court of Claims enters an order
denying compensation for the related debt or portion thereof.
(d-5) Any vendor that violates the provisions of this
Section may be held liable to the affected victim or applicant
in an action brought in a court of competent jurisdiction for
such legal or equitable relief as may be appropriate to

effectuate the purposes of this Section.
(e) As used in this Section:
(1) "Crime victim" means a victim of a violent crime
or an applicant as defined in this Act.
(2) "Debt collection activities" means:
(A) communicating with, harassing, or intimidating
the crime victim for payment, including, but not
limited to: ,
(i) repeatedly calling or writing to the crime
victim or applicant or his or her relatives or
employers;
(ii) calling or writing to the victim or
applicant or his or her relatives or employers
after an explicit request to cease contact; and
(iii) threatening to refer the related debt to
a debt collection agency or to an attorney for
collection, enforcement, or the filing of other
process;
(B) contacting a credit ratings agency or
distributing information to affect the crime victim's
credit rating as a result of the related debt;
(C) referring a bill, or portion thereof, to a
collection agency or attorney for collection action
against the crime victim; or
(D) taking any other action adverse to the crime
victim or his or her family on account of the related

debt.
"Debt collection activities" does not include billing
insurance or other government programs, routine inquiries
about coverage by private insurance or government
programs, or routine billing that indicates that the
amount is not due pending resolution of the crime victim
compensation claim.
(3) "Related debt" means a debt or expense for
hospital, medical, dental, or counseling services incurred
by or on behalf of a crime victim as a direct result of the
crime.
(4) "Vendor" includes persons, providers of service,
vendors' agents, debt collection agencies, and attorneys
hired by a vendor.
(Source: P.A. 102-27, eff. 1-1-22.)