CRIME VICTIMS-COMPENSATION

Illinois General Assembly - Full Text of HB5057

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5057

Introduced 2/10/2026, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

740 ILCS 45/2
740 ILCS 45/6.1

from Ch. 70, par. 76.1
740 ILCS 45/7.1

from Ch. 70, par. 77.1
740 ILCS 45/10.2

Amends the Crime Victims Compensation Act. Removes the requirements
to report the crime within 72 hours of its occurrence or within 7 days for
other specified crimes. Removes language that requires certification from
a mental health provider to come from a provider who has not before and
will not again provide care to the victim or applicant. Provides that
confidentiality is not waived between a health care provider and the
victim or applicant if a mental health provider, medical provider, or
other third party provides documentation of the crime for the purposes of
compensation eligibility. Requires the Attorney General to make and
publish on its website the form the mental health provider must use to
certify the evaluation of the victim or applicant. Requires the
Comptroller to issue payment within 2 business days of approval of an
emergency award by the Court of Claims. Provides that emergency awards may
be issued to the applicant for the purpose of paying funeral and burial
expenses directly to a funeral home for expenses that have been incurred or
that the applicant has been quoted and for relocation expenses incurred or
due to be incurred by an applicant. Provides that if the amount of
emergency compensation exceeds the actual amount the applicant incurs, the
difference shall be repaid to the State. Makes other changes.
LRB104 20490 JRC 33962 b

A BILL FOR

HB5057
LRB104 20490 JRC 33962 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Crime Victims Compensation Act is amended
5
by changing Sections 2, 6.1, 7.1, and 10.2 as follows:

6

(740 ILCS 45/2)
7

Sec. 2.
Definitions.
As used in this Act, unless the
8
context otherwise requires:
9

(a) "Applicant" means any of the following claiming
10
compensation under this Act:
11

(1) A victim.
12

(2) If the victim was a guardian or primary caregiver
13

to an adult who is physically or mentally incapacitated,
14

that adult who is physically or mentally incapacitated.
15

(3) A guardian of a minor or of a person under legal
16

disability.
17

(4) A person who, at the time the crime occurred,
18

resided in the same dwelling as the victim, solely for the
19

purpose of compensating for any of the following:
20

(A) Pecuniary loss incurred for psychological
21

treatment of a mental or emotional condition caused or
22

aggravated by the crime.
23

(B) Loss of earnings under paragraph (14.5) of

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LRB104 20490 JRC 33962 b
1

subsection (h) for time off from work necessary to
2

provide full time care for the injured victim.
3

(C) Relocation expenses.
4

(5) A person who assumes a legal obligation or
5

voluntarily pays for a victim's medical or funeral or
6

burial expenses.
7

(6) Any other person the Court of Claims or the
8

Attorney General finds is entitled to compensation.
9

The changes made to this subsection by Public Act 101-652
10
apply to actions commenced or pending on or after January 1,
11
2022.
12

(b) "Court of Claims" means the Court of Claims created by
13
the Court of Claims Act.
14

(c) "Crime of violence" means and includes any offense
15
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
16
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
17
11-11, 11-20.1, 11-23, 11-23.5, 12-1, 12-2, 12-3, 12-3.05,
18
12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-5, 12-7.1, 12-7.3, 12-7.4,
19
12-20.5, 20-1 or 20-1.1, or Section 12-3.05 except for
20
subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section
21
11-14.4, of the Criminal Code of 1961 or the Criminal Code of
22
2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act,
23
Section 125 of the Stalking No Contact Order Act, Section 219
24
of the Civil No Contact Order Act, driving under the influence
25
as defined in Section 11-501 of the Illinois Vehicle Code, a
26
violation of Section 11-401 of the Illinois Vehicle Code,

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1
provided the victim was a pedestrian or was operating a
2
vehicle moved solely by human power or a mobility device at the
3
time of contact, and a violation of Section 11-204.1 of the
4
Illinois Vehicle Code; so long as the offense did not occur
5
during a civil riot, insurrection or rebellion. "Crime of
6
violence" does not include any other offense or crash
7
involving a motor vehicle except those vehicle offenses
8
specifically provided for in this paragraph. "Crime of
9
violence" does include all of the offenses specifically
10
provided for in this paragraph that occur within this State
11
but are subject to federal jurisdiction and crimes involving
12
terrorism as defined in 18 U.S.C. 2331.
13

(d) "Victim" means (1) a person killed or injured in this
14
State as a result of a crime of violence perpetrated or
15
attempted against him or her, (2) the spouse, parent, or child
16
of a person killed or injured in this State as a result of a
17
crime of violence perpetrated or attempted against the person,
18
or anyone living in the dwelling of a person killed or injured
19
in a relationship that is substantially similar to that of a
20
parent, spouse, or child, (3) a person killed or injured in
21
this State while attempting to assist a person against whom a
22
crime of violence is being perpetrated or attempted, if that
23
attempt of assistance would be expected of a reasonable person
24
under the circumstances, (4) a person killed or injured in
25
this State while assisting a law enforcement official
26
apprehend a person who has perpetrated a crime of violence or

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LRB104 20490 JRC 33962 b
1
prevent the perpetration of any such crime if that assistance
2
was in response to the express request of the law enforcement
3
official, (5) a person who personally witnessed a violent
4
crime, (5.05) a person who will be called as a witness by the
5
prosecution to establish a necessary nexus between the
6
offender and the violent crime, (5.1) any person who is the
7
grandparent, grandchild, brother, sister, half brother, or
8
half sister of a person killed or injured in this State as a
9
result of a crime of violence, applying solely for the purpose
10
of compensating for pecuniary loss incurred for psychological
11
treatment of a mental or emotional condition caused or
12
aggravated by the crime, loss of earnings under paragraph
13
(14.5) of subsection (h) for time off from work necessary to
14
provide full time care for the injured victim, or relocation
15
if the crime occurred within the dwelling of the applicant,
16
(5.2) any person who was in a dating relationship with a person
17
killed in this State as a result of a crime of violence, solely
18
for the purpose of compensating for pecuniary loss incurred
19
for psychological treatment of a mental or emotional condition
20
caused or aggravated by the crime, (6) an Illinois resident
21
who is a victim of a "crime of violence" as defined in this Act
22
except, if the crime occurred outside this State, the resident
23
has the same rights under this Act as if the crime had occurred
24
in this State upon a showing that the state, territory,
25
country, or political subdivision of a country in which the
26
crime occurred does not have a compensation of victims of

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LRB104 20490 JRC 33962 b
1
crimes law for which that Illinois resident is eligible, (7)
2
the parent, spouse, or child of a deceased person whose body is
3
dismembered or whose remains are desecrated as the result of a
4
crime of violence, (8) (blank), or (9) an individual who is
5
injured or killed in an incident in which a law enforcement
6
officer's use of force caused bodily harm or death to that
7
individual.
8

(e) "Dependent" means a relative of a deceased victim who
9
was wholly or partially dependent upon the victim's income at
10
the time of his or her death and shall include the child of a
11
victim born after his or her death.
12

(f) "Relative" means a spouse, parent, grandparent,
13
stepfather, stepmother, child, grandchild, brother,
14
brother-in-law, sister, sister-in-law, half brother, half
15
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
16
living in the dwelling of a person killed or injured in a
17
relationship that is substantially similar to that of a
18
parent, spouse, or child.
19

(g) "Child" means a son or daughter and includes a
20
stepchild, an adopted child or a child born out of wedlock.
21

(h) "Pecuniary loss" means:
22

(1) in the case of injury, appropriate medical
23

expenses and hospital expenses including expenses of
24

medical examinations, rehabilitation, medically required
25

nursing care expenses, appropriate psychiatric care or
26

psychiatric counseling expenses, appropriate expenses for

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LRB104 20490 JRC 33962 b
1

care or counseling by a licensed clinical psychologist,
2

licensed clinical social worker, licensed professional
3

counselor, or licensed clinical professional counselor and
4

expenses for treatment by Christian Science practitioners
5

and nursing care appropriate thereto;
6

(2) transportation expenses to and from medical and
7

counseling treatment facilities;
8

(3) prosthetic appliances, eyeglasses, and hearing
9

aids necessary or damaged as a result of the crime;
10

(4) expenses incurred for the towing and storage of a
11

victim's vehicle in connection with a crime of violence,
12

to a maximum of $1,000;
13

(5) costs associated with trafficking tattoo removal
14

by a person authorized or licensed to perform the specific
15

removal procedure; for victims of offenses defined in
16

Section 10-9 of the Criminal Code of 2012, the victim
17

shall submit a statement under oath on a form prescribed
18

by the Attorney General attesting that the removed tattoo
19

was applied in connection with the commission of the
20

offense;
21

(6) replacement costs for clothing and bedding used as
22

evidence;
23

(7) costs associated with temporary lodging or
24

relocation necessary as a result of the crime, including,
25

but not limited to, the first 2 months' rent and security
26

deposit of the dwelling that the claimant relocated to and

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LRB104 20490 JRC 33962 b
1

other reasonable relocation expenses incurred as a result
2

of the violent crime;
3

(8) locks, doors, or windows necessary or damaged as a
4

result of the crime;
5

(9) the purchase, lease, or rental of equipment
6

necessary to create usability of and accessibility to the
7

victim's real and personal property, or the real and
8

personal property which is used by the victim, necessary
9

as a result of the crime; "real and personal property"
10

includes, but is not limited to, vehicles, houses,
11

apartments, townhouses, or condominiums;
12

(10) the costs of appropriate crime scene clean-up;
13

(11) replacement services loss, to a maximum of $1,250
14

per month, with this amount to be divided in proportion to
15

the amount of the actual loss among those entitled to
16

compensation;
17

(12) dependents replacement services loss, to a
18

maximum of $1,250 per month, with this amount to be
19

divided in proportion to the amount of the actual loss
20

among those entitled to compensation;
21

(13) loss of tuition paid to attend grammar school or
22

high school when the victim had been enrolled as a student
23

prior to the injury, or college or graduate school when
24

the victim had been enrolled as a day or night student
25

prior to the injury when the victim becomes unable to
26

continue attendance at school as a result of the crime of

HB5057
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LRB104 20490 JRC 33962 b
1

violence perpetrated against him or her;
2

(14) loss of earnings, loss of future earnings because
3

of disability resulting from the injury. Loss of future
4

earnings shall be reduced by any income from substitute
5

work actually performed by the victim or by income the
6

victim would have earned in available appropriate
7

substitute work the victim was capable of performing but
8

unreasonably failed to undertake; loss of earnings and
9

loss of future earnings shall be determined on the basis
10

of the victim's average net monthly earnings for the 6
11

months immediately preceding the date of the injury or on
12

$2,400 per month, whichever is less, or, in cases where
13

the absences commenced more than 3 years from the date of
14

the crime, on the basis of the net monthly earnings for the
15

6 months immediately preceding the date of the first
16

absence, not to exceed $2,400 per month;
17

(14.5) loss of earnings for applicants or loss of
18

future earnings for applicants. The applicant must
19

demonstrate that the loss of earnings is a direct result
20

of circumstances attributed to the crime including, but
21

not limited to, court appearances, funeral preparation and
22

bereavement, receipt of medical or psychological care;
23

loss of earnings and loss of future earnings shall be
24

determined on the basis of the applicant's average net
25

monthly earnings for the 6 months immediately preceding
26

the date of the injury or on $2,400 per month, whichever is

HB5057
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LRB104 20490 JRC 33962 b
1

less, or, in cases where the absences commenced more than
2

3 years from the date of the crime, on the basis of the net
3

monthly earnings for the 6 months immediately preceding
4

the date of the first absence, not to exceed $2,400 per
5

month;
6

(15) loss of support of the dependents of the victim.
7

Loss of support shall be determined on the basis of the
8

victim's average net monthly earnings for the 6 months
9

immediately preceding the date of the injury or on $2,400
10

per month, whichever is less, or, in cases where the
11

absences commenced more than 3 years from the date of the
12

crime, on the basis of the net monthly earnings for the 6
13

months immediately preceding the date of the first
14

absence, not to exceed $2,400 per month. If a divorced or
15

legally separated applicant is claiming loss of support
16

for a minor child of the deceased, the amount of support
17

for each child shall be based either on the amount of
18

support pursuant to the judgment prior to the date of the
19

deceased victim's injury or death, or, if the subject of
20

pending litigation filed by or on behalf of the divorced
21

or legally separated applicant prior to the injury or
22

death, on the result of that litigation. Loss of support
23

for minors shall be divided in proportion to the amount of
24

the actual loss among those entitled to such compensation;
25

(16) in the case of death, expenses for reasonable
26

funeral, burial, headstone, cremation, and travel and

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LRB104 20490 JRC 33962 b
1

transport for survivors of homicide victims to secure
2

bodies of deceased victims and to transport bodies for
3

burial all of which may be awarded up to a maximum of
4

$10,000 for each victim. Other individuals that have paid
5

or become obligated to pay funeral, cremation, or burial
6

expenses, including a headstone, for the deceased shall
7

share a maximum award of $10,000, with the award divided
8

in proportion to the amount of the actual loss among those
9

entitled to compensation;
10

(17) in the case of dismemberment or desecration of a
11

body, expenses for reasonable funeral, burial, headstone,
12

and cremation, all of which may be awarded up to a maximum
13

of $10,000 for each victim. Other individuals that have
14

paid or become obligated to pay funeral, cremation, or
15

burial expenses, including a headstone, for the deceased
16

shall share a maximum award of $10,000, with the award
17

divided in proportion to the amount of the actual loss
18

among those entitled to compensation; and
19

(18)

(19)
legal fees resulting from proceedings that
20

became necessary solely because of the crime, including,
21

but not limited to, establishing a legal guardian for the
22

minor victim or the minor child of a victim, or obtaining a
23

restraining order, no contact order, or order of
24

protection, awarded up to a maximum of $3,500.
25

"Pecuniary loss" does not include pain and suffering or
26
property loss or damage.

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LRB104 20490 JRC 33962 b
1

The changes made to this subsection by Public Act 101-652
2
apply to actions commenced or pending on or after January 1,
3
2022.
4

(i) "Replacement services loss" means expenses reasonably
5
incurred in obtaining ordinary and necessary services in lieu
6
of those the injured person would have performed, not for
7
income, but for the benefit of himself or herself or his or her
8
family, if he or she had not been injured.
9

(j) "Dependents replacement services loss" means loss
10
reasonably incurred by dependents or private legal guardians
11
of minor dependents after a victim's death in obtaining
12
ordinary and necessary services in lieu of those the victim
13
would have performed, not for income, but for their benefit,
14
if he or she had not been fatally injured.
15

(k) "Survivor" means immediate family including a parent,
16
stepfather, stepmother, child, brother, sister, or spouse.
17

(l) "Parent" means a natural parent, adopted parent,
18
stepparent, or permanent legal guardian of another person.
19

(m) "Trafficking tattoo" is a tattoo which is applied to a
20
victim in connection with the commission of a violation of
21
Section 10-9 of the Criminal Code of 2012.
22

(n) "Dwelling" means a person's primary home. A person may
23
be required to provide verification or proof of residence
24
including, but not limited to, a lease agreement, utility
25
bill, license registration, document showing the mailing
26
address, pay stub, tax form, or notarized statement.

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LRB104 20490 JRC 33962 b
1

(o) "Dating relationship" means a current, continuous,
2
romantic, courtship, or engagement relationship, often
3
characterized by actions of an intimate or sexual nature or an
4
expectation of affection. "Dating relationship" does not
5
include a casual acquaintanceship or ordinary fraternization
6
between persons in a business or social context.
7

(p) "Medical facility" means a facility for the delivery
8
of health services. "Medical facility" includes, but is not
9
limited to, a hospital, public health center, outpatient
10
medical facility, federally qualified health center, migrant
11
health center, community health center, or State correctional
12
institution.
13

(q) "Mental health provider" means a licensed clinical
14
psychologist, a licensed clinical social worker, a licensed
15
professional counselor, or a licensed clinical professional
16
counselor as defined in the Mental Health and Developmental
17
Disabilities Code.
18

(r) "Independent medical evaluation" means an assessment
19
by a mental health provider who is not currently providing
20
treatment to the applicant and will not seek reimbursement
21
from the program for continuing treatment after the
22
assessment. A provider may seek reimbursement for the
23
assessment.
24
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
25
102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff.
26
11-17-23; 103-1037, eff. 1-1-25; revised 6-23-25.)

HB5057
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LRB104 20490 JRC 33962 b
1

(740 ILCS 45/6.1)

(from Ch. 70, par. 76.1)
2

Sec. 6.1.
Right to compensation.
A person is entitled to
3
compensation under this Act if:
4

(a) Timing. Within 5 years of the occurrence of the
5

crime, or within one year after a criminal charge of a
6

person for an offense, upon which the claim is based, the
7

applicant presents an application, under oath, to the
8

Attorney General that is filed with the Court of Claims
9

and on a form prescribed in accordance with Section 7.1
10

furnished by the Attorney General. If the person entitled
11

to compensation is under 18 years of age or under other
12

legal disability at the time of the occurrence or is
13

determined by a court to be under a legal disability as a
14

result of the occurrence, he or she may present the
15

application required by this subsection within 3 years
16

after he or she attains the age of 18 years or the
17

disability is removed, as the case may be. Legal
18

disability includes a diagnosis of posttraumatic stress
19

disorder.
20

(a-1) The Attorney General and the Court of Claims may
21

accept an application presented after the period provided
22

in subsection (a) if the Attorney General determines that
23

the applicant had good cause for a delay.
24

(b) Notification. The appropriate law enforcement
25

officials were notified
within 72 hours
of the

HB5057
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LRB104 20490 JRC 33962 b
1

perpetration of the crime allegedly causing the death or
2

injury to the victim.
If the notification was made more
3

than 72 hours after the perpetration of the crime and the
4

applicant establishes that the notice was timely under the
5

circumstances, the Attorney General and the Court of
6

Claims may extend the time for reporting to law
7

enforcement.

8

For victims of offenses defined in Sections 10-9,
9

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and
10

12-14 of the Criminal Code of 1961 or the Criminal Code of
11

2012, the appropriate law enforcement officials were
12

notified within 7 days of the perpetration of the crime
13

allegedly causing death or injury to the victim or, if the
14

notification was made more than 7 days after the
15

perpetration of the crime, the applicant establishes that
16

the notice was timely under the circumstances.

17

(b-1) If, in lieu of a law enforcement report, the
18

applicant or victim has obtained an order of protection, a
19

civil no contact order, or a stalking no contact order,
20

has presented to a medical facility for medical care or
21

sexual assault evidence collection, has presented to a
22

mental health provider for
mental health care or
23

evaluation

an independent medical evaluation
, or is
24

engaged in a legal proceeding involving a claim that the
25

applicant or victim is a victim of human trafficking or
26

law enforcement use of force, such action shall constitute

HB5057
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LRB104 20490 JRC 33962 b
1

appropriate notification under this Section.
2

(b-2) For purposes of notification under this Act, a
3

victim who presents to a medical facility
or mental health
4

provider
shall provide information sufficient to fulfill
5

the requirements of this Section, except that the victim
6

shall not be required to identify the offender to the
7

medical
or mental health
provider.
8

(b-3) An applicant who is filing a claim that a law
9

enforcement officer's use of force caused injury or death,
10

may fulfill the notification requirement by complying with
11

subsection (b), filing a complaint with the Illinois Law
12

Enforcement Training Standards Board, filing a lawsuit
13

against a law enforcement officer or department, or
14

presenting evidence that the victim has obtained a
15

settlement or a verdict in a civil suit. An application
16

filed by an individual presenting evidence of a verdict in
17

a civil suit must be filed within one year after the
18

resolution of the civil suit.
19

(b-4) An applicant may provide notification to a
20

mental health provider regarding physical
or psychological

21

injuries
of the victim or for victims of offenses defined
22

in Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
23

11-1.60, 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4
24

of the Criminal Code of 2012, psychological injuries

25

resulting from the commission of the crime for which the
26

applicant is filing an application. The provider shall

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1

perform an
independent medical
evaluation and provide the
2

provider's professional opinion as to whether the injuries
3

claimed are consistent with having resulted from the
4

commission of the crime for which the applicant is filing
5

an application.
6

Upon completion of the
independent medical
evaluation,
7

the mental health provider shall complete a certification
8

form, signed under oath. The form shall be provided by the
9

Office of the Attorney General
, be available on its
10

website,
and contain the following:
11

(1) The provider's name, title, license number and
12

place of employment.
13

(2) Contact information for the provider.
14

(3) The provider's relationship with the
15

applicant.
16

(4) The date the crime was reported to the
17

provider.
18

(5) The reported crime.
19

(6) The date and location of the crime.
20

(7) If there are physical injuries, what injuries
21

that the mental health provider can attest to being
22

present on the day of the reporting if they are
23

consistent with the crime reported to the provider.
24

(8) If there are psychological injuries, whether
25

the provider in his or her professional opinion
26

believes that the injuries presented on the day of the

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1

reporting are consistent with the crime reported to
2

the provider.
3

(9) A detailed summary of the incident, as
4

reported.
5

(10) Any documentation
or photos
that
relates

6

relate
to the crime of violence for which the
7

applicant is seeking reimbursement.
8

(c) Cooperation. The applicant has cooperated with law
9

enforcement officials in the apprehension and prosecution
10

of the assailant. If the applicant or victim has obtained
11

an order of protection, a civil no contact order, or a
12

stalking no contact order, has presented to a medical
13

facility for medical care or sexual assault evidence
14

collection, obtained an
evaluation

independent medical
15

examination
from a mental health provider as described in
16

subsection (b-4), has taken any of the actions described
17

in subsection (b-3), or is engaged in a legal proceeding
18

involving a claim that the applicant or victim is a victim
19

of human trafficking, such action shall constitute
20

cooperation under this subsection (c). If the victim is
21

under 18 years of age at the time of the commission of the
22

offense, the following shall constitute cooperation under
23

this subsection (c):
24

(1) the applicant or the victim files a police
25

report with a law enforcement agency;
26

(2) a mandated reporter reports the crime to law

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1

enforcement; or
2

(3) a person with firsthand knowledge of the crime
3

reports the crime to law enforcement.
4

In evaluating cooperation, the Attorney General and
5

Court of Claims may consider the victim's age, physical
6

condition, psychological state, cultural or linguistic
7

barriers, and compelling health and safety concerns,
8

including, but not limited to, a reasonable fear of
9

retaliation or harm that would jeopardize the well-being
10

of the victim or the victim's family, and giving due
11

consideration to the degree of cooperation that the victim
12

or derivative victim is capable of in light of the
13

presence of any of these factors, or any other factor the
14

Attorney General considers relevant.
15

(d) If the applicant is not barred from receiving
16

compensation under Section 10.1.
17

(e) (Blank).
18

(f) (Blank).
19

(g) (Blank).
20

(h) Furnishing an evaluation as described in
21

subsection (b-4) or furnishing another document as
22

evidence of notification or cooperation under this Section
23

may not be construed to waive any confidentiality or
24

privilege that may exist between the victim or applicant
25

and a third party.

26

The changes made to this Section by this amendatory Act of

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1
the 101st General Assembly apply to actions commenced or
2
pending on or after January 1, 2022.
3
(Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 1-1-25
.)

4

(740 ILCS 45/7.1)

(from Ch. 70, par. 77.1)
5

Sec. 7.1.
(a) The application
form furnished by the Office
6
of the Attorney General and published on its Internet website

7
shall
include fields for the applicant to
set out:
8

(1) the name and address of the victim;
9

(2) if the victim is deceased, the name and address of
10

the applicant and his or her relationship to the victim,
11

the names and addresses of other persons dependent on the
12

victim for their support and the extent to which each is so
13

dependent, and other persons who may be entitled to
14

compensation for a pecuniary loss;
15

(3) the date and nature of the crime on which the
16

application for compensation is based;
17

(4) the date and place where notification under
18

Section 6.1 was given and to whom, or the date and place of
19

issuance of an order of protection, no contact order,
20

evidence of a legal proceeding involving human
21

trafficking, or in cases of a law enforcement officer's
22

use of force, another form of documentation allowable
23

under Section 6.1;
24

(4.5) if the victim is providing supplemental forms of
25

documentation, that documentation, the date the victim

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1

obtained that other form of documentation and the type of
2

documentation;
3

(5) the nature and extent of the injuries sustained by
4

the victim, and the names and addresses of those giving
5

medical and hospitalization treatment to the victim;
6

(6) the pecuniary loss to the applicant and to such
7

other persons as are specified under item (2) resulting
8

from the injury or death;
9

(7) the amount of benefits, payments, or awards, if
10

any, payable under:
11

(a) the Workers' Compensation Act,
12

(b) the Dram Shop Act,
13

(c) any claim, demand, or cause of action based
14

upon the crime-related injury or death,
15

(d) the Federal Medicare program,
16

(e) the State Public Aid program,
17

(f) Social Security Administration burial
18

benefits,
19

(g) Veterans administration burial benefits,
20

(h) life, health, accident, vehicle, towing, or
21

liability insurance,
22

(i) the Criminal Victims' Escrow Account Act,
23

(j) the Sexual Assault Survivors Emergency
24

Treatment Act,
25

(k) restitution, or
26

(l) any other source;

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1

(8) releases authorizing the surrender to the Court of
2

Claims or Attorney General of reports, documents and other
3

information relating to the matters specified under this
4

Act and rules promulgated in accordance with the Act;
5

(9) such other information as the Court of Claims or
6

the Attorney General reasonably requires
; or

.
7

(10) whether the applicant is applying for an
8

emergency award under subsection 10.2.

9

(b) The Attorney General may require that materials
10
substantiating the facts stated in the application be
11
submitted with that application.
12

(b-5) The victim or applicant may provide to the Attorney
13
General a sworn statement by the victim or applicant that
14
attests to the victim's or applicant's experience of a crime
15
or crimes of violence, in addition to documentation required
16
under this Act. If the victim or applicant has additional
17
corroborating evidence beyond those described in this Act, the
18
victim or applicant may provide the following documents: law
19
enforcement report; medical records; confirmation of sexual
20
assault evidence collection; order of protection; civil no
21
contact order, stalking no contact order; photographs; letter
22
from a service provider who serves victims of crime; affidavit
23
from a witness of the crime of violence; court record;
24
military record; or any other corroborating evidence. Such
25
documentation or statement may be used to supplement required
26
documentation to verify the incident but is not required. If

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1
an applicant is seeking an exception under subsection (b) or
2
(c-1) of Section 6.1, the applicant shall provide any
3
additional documentation, information, or statement that
4
substantiates the facts stated in the application.
5

(c) An applicant, on his or her own motion, may file an
6
amended application or additional substantiating materials to
7
correct inadvertent errors or omissions at any time before the
8
original application has been disposed of by the Court of
9
Claims or the Attorney General. In either case, the filing of
10
additional information or of an amended application shall be
11
considered for the purpose of this Act to have been filed at
12
the same time as the original application.
13

For claims submitted on or after January 1, 2022, an
14
amended application or additional substantiating materials to
15
correct inadvertent errors or omissions may be filed at any
16
time before the original application is disposed of by the
17
Attorney General or the Court of Claims.
18

(d) Determinations submitted by the Attorney General to
19
the Court of Claims shall be available to the Court of Claims
20
for review. The Attorney General shall provide the sources and
21
evidence relied upon as a basis for a compensation
22
determination.
23

(e) The changes made to this Section by this amendatory
24
Act of the 101st General Assembly apply to actions commenced
25
or pending on or after January 1, 2022.
26
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;

HB5057
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LRB104 20490 JRC 33962 b
1
103-1037, eff. 1-1-25
.)

2

(740 ILCS 45/10.2)
3

Sec. 10.2.
Emergency awards.
4

(a) If it appears, prior to taking action on an
5
application, that the claim is one for which compensation is
6
probable, and undue hardship will result to the applicant if
7
immediate payment is not made, the Attorney General may
8
recommend and the Court may make an emergency award of
9
compensation to the applicant, pending a final decision in the
10
case.
The Comptroller shall issue payment of an emergency
11
award within 2 business days of receiving notice of the
12
decision to grant the emergency award.
Emergency awards may be
13
issued to the applicant for the purpose of paying funeral and
14
burial expenses directly to a funeral home
for expenses that
15
have been incurred or that the applicant has been quoted,
and
16
for relocation expenses incurred
or due to be incurred
by an
17
applicant. The amount of emergency compensation shall be
18
deducted from any final award made as a result of the claim.
19
The full amount of the emergency award if no final award is
20
made shall be repaid by the applicant to the State of Illinois.
21
If the amount of emergency compensation exceeds the actual
22
amount the applicant incurs, the difference shall be repaid to
23
the State.

24

(b) Emergency award applicants must satisfy all
25
requirements under Section 6.1 of this Act.

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1

(c) The Office of the Attorney General shall make
2
available publicly on its website a separate form or online
3
application for applicants to apply for an emergency award or
4
include a designated section in the application form described
5
by Section 7.1 of this Act for the applicant to request an
6
emergency award.

7
(Source: P.A. 102-27, eff. 1-1-22
.)

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