DHS-GAMBLING DISORDERS

Illinois General Assembly - Full Text of SB0118

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SB0118 - 104th General Assembly

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SB0118 Enrolled
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1

AN ACT concerning State government.

2

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

4

Section 5.
The Crime Victims Compensation Act is amended
5
by changing Sections 2, 4.1, 4.2, 6.1, 7.1, 8.1, and 10.2 as
6
follows:

7

(740 ILCS 45/2)
8

Sec. 2.
Definitions.
As used in this Act, unless the
9
context otherwise requires:
10

(a) "Applicant" means any of the following claiming
11
compensation under this Act:
12

(1) A victim.
13

(2) If the victim was a guardian or primary caregiver
14

to an adult who is physically or mentally incapacitated,
15

that adult who is physically or mentally incapacitated.
16

(3) A guardian of a minor or of a person under legal
17

disability.
18

(4) A person who, at the time the crime occurred,
19

resided in the same dwelling as the victim, solely for the
20

purpose of compensating for any of the following:
21

(A) Pecuniary loss incurred for psychological
22

treatment of a mental or emotional condition caused or
23

aggravated by the crime.

SB0118 Enrolled
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1

(B) Loss of earnings under paragraph (14.5) of
2

subsection (h) for time off from work necessary to
3

provide full time care for the injured victim.
4

(C) Relocation expenses.
5

(5) A person who assumes a legal obligation or
6

voluntarily pays for a victim's medical or funeral or
7

burial expenses.
8

(6) Any other person the Court of Claims or the
9

Attorney General finds is entitled to compensation.
10

The changes made to this subsection by Public Act 101-652
11
apply to actions commenced or pending on or after January 1,
12
2022.
13

(b) "Court of Claims" means the Court of Claims created by
14
the Court of Claims Act.
15

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

SB0118 Enrolled
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LRB104 08024 KTG 18070 b
1
violation of Section 11-401 of the Illinois Vehicle Code,
2
provided the victim was a pedestrian or was operating a
3
vehicle moved solely by human power or a mobility device at the
4
time of contact, and a violation of Section 11-204.1 of the
5
Illinois Vehicle Code; so long as the offense did not occur
6
during a civil riot, insurrection or rebellion. "Crime of
7
violence" does not include any other offense or crash
8
involving a motor vehicle except those vehicle offenses
9
specifically provided for in this paragraph. "Crime of
10
violence" does include all of the offenses specifically
11
provided for in this paragraph that occur within this State
12
but are subject to federal jurisdiction and crimes involving
13
terrorism as defined in 18 U.S.C. 2331.
14

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

SB0118 Enrolled
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1
apprehend a person who has perpetrated a crime of violence or
2
prevent the perpetration of any such crime if that assistance
3
was in response to the express request of the law enforcement
4
official, (5) a person who personally witnessed a violent
5
crime, (5.05) a person who will be called as a witness by the
6
prosecution to establish a necessary nexus between the
7
offender and the violent crime, (5.1) any person who is the
8
grandparent, grandchild, brother, sister, half brother, or
9
half sister of a person killed or injured in this State as a
10
result of a crime of violence, applying solely for the purpose
11
of compensating for pecuniary loss incurred for psychological
12
treatment of a mental or emotional condition caused or
13
aggravated by the crime, loss of earnings under paragraph
14
(14.5) of subsection (h) for time off from work necessary to
15
provide full time care for the injured victim, or relocation
16
if the crime occurred within the dwelling of the applicant,
17
(5.2) any person who was in a dating relationship with a person
18
killed in this State as a result of a crime of violence, solely
19
for the purpose of compensating for pecuniary loss incurred
20
for psychological treatment of a mental or emotional condition
21
caused or aggravated by the crime, (6) an Illinois resident
22
who is a victim of a "crime of violence" as defined in this Act
23
except, if the crime occurred outside this State, the resident
24
has the same rights under this Act as if the crime had occurred
25
in this State upon a showing that the state, territory,
26
country, or political subdivision of a country in which the

SB0118 Enrolled
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LRB104 08024 KTG 18070 b
1
crime occurred does not have a compensation of victims of
2
crimes law for which that Illinois resident is eligible, (7)
3
the parent, spouse, or child of a deceased person whose body is
4
dismembered or whose remains are desecrated as the result of a
5
crime of violence, (8) (blank), or (9) an individual who is
6
injured or killed in an incident in which a law enforcement
7
officer's use of force caused bodily harm or death to that
8
individual.
9

(e) "Dependent" means a relative of a deceased victim who
10
was wholly or partially dependent upon the victim's income at
11
the time of his or her death and shall include the child of a
12
victim born after his or her death.
13

(f) "Relative" means a spouse, parent, grandparent,
14
stepfather, stepmother, child, grandchild, brother,
15
brother-in-law, sister, sister-in-law, half brother, half
16
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
17
living in the dwelling of a person killed or injured in a
18
relationship that is substantially similar to that of a
19
parent, spouse, or child.
20

(g) "Child" means a son or daughter and includes a
21
stepchild, an adopted child or a child born out of wedlock.
22

(h) "Pecuniary loss" means:
23

(1) in the case of injury, appropriate medical
24

expenses and hospital expenses including expenses of
25

medical examinations, rehabilitation, medically required
26

nursing care expenses, appropriate psychiatric care or

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1

psychiatric counseling expenses, appropriate expenses for
2

care or counseling by a licensed clinical psychologist,
3

licensed clinical social worker, licensed professional
4

counselor, or licensed clinical professional counselor and
5

expenses for treatment by Christian Science practitioners
6

and nursing care appropriate thereto;
7

(2) transportation expenses to and from medical and
8

counseling treatment facilities;
9

(3) prosthetic appliances, eyeglasses, and hearing
10

aids necessary or damaged as a result of the crime;
11

(4) expenses incurred for the towing and storage of a
12

victim's vehicle in connection with a crime of violence,
13

to a maximum of $1,000;
14

(5) costs associated with trafficking tattoo removal
15

by a person authorized or licensed to perform the specific
16

removal procedure; for victims of offenses defined in
17

Section 10-9 of the Criminal Code of 2012, the victim
18

shall submit a statement under oath on a form prescribed
19

by the Attorney General attesting that the removed tattoo
20

was applied in connection with the commission of the
21

offense;
22

(6) replacement costs for clothing and bedding used as
23

evidence;
24

(7) costs associated with temporary lodging or
25

relocation necessary as a result of the crime, including,
26

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

SB0118 Enrolled
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LRB104 08024 KTG 18070 b
1

deposit of the dwelling that the claimant relocated to and
2

other reasonable relocation expenses incurred as a result
3

of the violent crime;
4

(8) locks, doors, or windows necessary or damaged as a
5

result of the crime;
6

(9) the purchase, lease, or rental of equipment
7

necessary to create usability of and accessibility to the
8

victim's real and personal property, or the real and
9

personal property which is used by the victim, necessary
10

as a result of the crime; "real and personal property"
11

includes, but is not limited to, vehicles, houses,
12

apartments, townhouses, or condominiums;
13

(10) the costs of appropriate crime scene clean-up;
14

(11) replacement services loss, to a maximum of $1,250
15

per month, with this amount to be divided in proportion to
16

the amount of the actual loss among those entitled to
17

compensation;
18

(12) dependents replacement services loss, to a
19

maximum of $1,250 per month, with this amount to be
20

divided in proportion to the amount of the actual loss
21

among those entitled to compensation;
22

(13) loss of tuition paid to attend grammar school or
23

high school when the victim had been enrolled as a student
24

prior to the injury, or college or graduate school when
25

the victim had been enrolled as a day or night student
26

prior to the injury when the victim becomes unable to

SB0118 Enrolled
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LRB104 08024 KTG 18070 b
1

continue attendance at school as a result of the crime of
2

violence perpetrated against him or her;
3

(14) loss of earnings, loss of future earnings because
4

of disability resulting from the injury. Loss of future
5

earnings shall be reduced by any income from substitute
6

work actually performed by the victim or by income the
7

victim would have earned in available appropriate
8

substitute work the victim was capable of performing but
9

unreasonably failed to undertake; loss of earnings and
10

loss of future earnings shall be determined on the basis
11

of the victim's average net monthly earnings for the 6
12

months immediately preceding the date of the injury or on
13

$2,400 per month, whichever is less, or, in cases where
14

the absences commenced more than 3 years from the date of
15

the crime, on the basis of the net monthly earnings for the
16

6 months immediately preceding the date of the first
17

absence, not to exceed $2,400 per month;
18

(14.5) loss of earnings for applicants or loss of
19

future earnings for applicants. The applicant must
20

demonstrate that the loss of earnings is a direct result
21

of circumstances attributed to the crime including, but
22

not limited to, court appearances, funeral preparation and
23

bereavement, receipt of medical or psychological care;
24

loss of earnings and loss of future earnings shall be
25

determined on the basis of the applicant's average net
26

monthly earnings for the 6 months immediately preceding

SB0118 Enrolled
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LRB104 08024 KTG 18070 b
1

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

less, or, in cases where the absences commenced more than
3

3 years from the date of the crime, on the basis of the net
4

monthly earnings for the 6 months immediately preceding
5

the date of the first absence, not to exceed $2,400 per
6

month;
7

(15) loss of support of the dependents of the victim.
8

Loss of support shall be determined on the basis of the
9

victim's average net monthly earnings for the 6 months
10

immediately preceding the date of the injury or on $2,400
11

per month, whichever is less, or, in cases where the
12

absences commenced more than 3 years from the date of the
13

crime, on the basis of the net monthly earnings for the 6
14

months immediately preceding the date of the first
15

absence, not to exceed $2,400 per month. If a divorced or
16

legally separated applicant is claiming loss of support
17

for a minor child of the deceased, the amount of support
18

for each child shall be based either on the amount of
19

support pursuant to the judgment prior to the date of the
20

deceased victim's injury or death, or, if the subject of
21

pending litigation filed by or on behalf of the divorced
22

or legally separated applicant prior to the injury or
23

death, on the result of that litigation. Loss of support
24

for minors shall be divided in proportion to the amount of
25

the actual loss among those entitled to such compensation;
26

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

SB0118 Enrolled
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LRB104 08024 KTG 18070 b
1

funeral, burial, headstone, cremation, and travel and
2

transport for survivors of homicide victims to secure
3

bodies of deceased victims and to transport bodies for
4

burial all of which may be awarded up to a maximum of
5

$10,000 for each victim. Other individuals that have paid
6

or become obligated to pay funeral, cremation, or burial
7

expenses, including a headstone, for the deceased shall
8

share a maximum award of $10,000, with the award divided
9

in proportion to the amount of the actual loss among those
10

entitled to compensation;
11

(17) in the case of dismemberment or desecration of a
12

body, expenses for reasonable funeral, burial, headstone,
13

and cremation, all of which may be awarded up to a maximum
14

of $10,000 for each victim. Other individuals that have
15

paid or become obligated to pay funeral, cremation, or
16

burial expenses, including a headstone, for the deceased
17

shall share a maximum award of $10,000, with the award
18

divided in proportion to the amount of the actual loss
19

among those entitled to compensation; and
20

(18)

(19)
legal fees resulting from proceedings that
21

became necessary solely because of the crime, including,
22

but not limited to, establishing a legal guardian for the
23

minor victim or the minor child of a victim, or obtaining a
24

restraining order, no contact order, or order of
25

protection, awarded up to a maximum of $3,500.
26

"Pecuniary loss" does not include pain and suffering or

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LRB104 08024 KTG 18070 b
1
property loss or damage.
2

The changes made to this subsection by Public Act 101-652
3
apply to actions commenced or pending on or after January 1,
4
2022.
5

(i) "Replacement services loss" means expenses reasonably
6
incurred in obtaining ordinary and necessary services in lieu
7
of those the injured person would have performed, not for
8
income, but for the benefit of himself or herself or his or her
9
family, if he or she had not been injured.
10

(j) "Dependents replacement services loss" means loss
11
reasonably incurred by dependents or private legal guardians
12
of minor dependents after a victim's death in obtaining
13
ordinary and necessary services in lieu of those the victim
14
would have performed, not for income, but for their benefit,
15
if he or she had not been fatally injured.
16

(k) "Survivor" means immediate family including a parent,
17
stepfather, stepmother, child, brother, sister, or spouse.
18

(l) "Parent" means a natural parent, adopted parent,
19
stepparent, or permanent legal guardian of another person.
20

(m) "Trafficking tattoo" is a tattoo which is applied to a
21
victim in connection with the commission of a violation of
22
Section 10-9 of the Criminal Code of 2012.
23

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

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LRB104 08024 KTG 18070 b
1
address, pay stub, tax form, or notarized statement.
2

(o) "Dating relationship" means a current, continuous,
3
romantic, courtship, or engagement relationship, often
4
characterized by actions of an intimate or sexual nature or an
5
expectation of affection. "Dating relationship" does not
6
include a casual acquaintanceship or ordinary fraternization
7
between persons in a business or social context.
8

(p) "Medical facility" means a facility for the delivery
9
of health services. "Medical facility" includes, but is not
10
limited to, a hospital, public health center, outpatient
11
medical facility, federally qualified health center, migrant
12
health center, community health center, or State correctional
13
institution.
14

(q) "Mental health provider" means a licensed clinical
15
psychologist, a licensed clinical social worker, a licensed
16
professional counselor, or a licensed clinical professional
17
counselor as defined in the Mental Health and Developmental
18
Disabilities Code.
19

(r)
(Blank).

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

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1
11-17-23; 103-1037, eff. 1-1-25; revised 6-23-25.)

2

(740 ILCS 45/4.1)

(from Ch. 70, par. 74.1)
3

Sec. 4.1.
In addition to other powers and duties set forth
4
in this Act and other powers exercised by the Attorney
5
General, the Attorney General shall:
6

(1) investigate all claims and prepare and present an
7

investigatory report and a draft award determination to
8

the Court of Claims for a review period of 28 business
9

days;
10

(2) upon conclusion of the review by the Court of
11

Claims, provide the applicant with a compensation
12

determination letter;
13

(3) prescribe and furnish all applications and other
14

forms required to be filed in the office of the Attorney
15

General by the terms of this Act;
16

(4) represent the interests of the State of Illinois
17

in any hearing before the Court of Claims;
and
18

(5) upon failure to comply with Section 4.2, the
19

Attorney General's office shall have the power to issue
20

subpoenas to compel the production of law enforcement
21

reports maintained by law enforcement agencies
; and

.
22

(6) with the consent of an applicant, request and
23

obtain supporting documentation required to verify the
24

claim, including, but not limited to, documentation from
25

hospitals, health care providers, providers of services to

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LRB104 08024 KTG 18070 b
1

victims or applicants, employers, insurance companies, and
2

other third parties relevant to the claim.

3

The changes made to this Section by this amendatory Act of
4
the 101st General Assembly apply to actions commenced or
5
pending on or after January 1, 2022.
6
(Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 8-9-24.)

7

(740 ILCS 45/4.2)
8

Sec. 4.2.

9

(a)
A law enforcement agency shall, within 15 days of
10
receipt of a written request for a police report made to verify
11
that the requirements of a crime victims compensation
12
application under Section 6.1 of this Act have been met,
13
provide the Attorney General's office with the law enforcement
14
agency's full written report of the investigation of the crime
15
for which an application for compensation has been filed. The
16
law enforcement agency may redact the following from the
17
report: names of confidential sources and informants;
18
locations from which law enforcement conduct surveillance; and
19
information related to issues of national security the law
20
enforcement agency provided to or received from the United
21
States Department of Homeland Security or another federal law
22
enforcement agency. The Attorney General's office and a law
23
enforcement agency may agree to the redaction of other
24
information in the report or to the provision of necessary
25
information in another format. Within 15 days of receipt of

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1
the request, a law enforcement agency shall respond to a
2
written request from the Attorney General's office for
3
additional information necessary to assist the Attorney
4
General's office in making a recommendation for compensation.
5

(b)
An applicant may obtain and provide a law enforcement
6
report to the Attorney General and the Attorney General may
7
proceed with the review of the application. If the copy of the
8
law enforcement report provided by the applicant does not
9
contain all the information the Attorney General needs to move
10
forward with the review of the application, the Attorney
11
General may proceed with requesting from the law enforcement
12
agency the full written report of the investigation.
13

(c)
Records that are obtained by the Attorney General's
14
office from a law enforcement agency under this Section for
15
purposes of investigating an application for crime victim
16
compensation shall not be disclosed to the public, including
17
the applicant, by the Attorney General's office.
18

(d) Hospitals, health care providers, providers of
19
services to victims or applicants, employers, insurance
20
companies, and other third parties relevant to the application
21
or claim shall respond in writing to the Attorney General's
22
office request for confirmation, documentation, or other
23
information under this Act within 30 days of receipt of the
24
Attorney General's office request. If the information or
25
documentation provided to the Attorney General does not
26
contain all the information the Attorney General needs to move

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1
forward with review of the application or claim, the Attorney
2
General may proceed with requesting further information or
3
documentation.
4

(e) An applicant may obtain and attach to the application
5
documentation from hospitals, health care providers, providers
6
of services, employers, insurance companies, and other third
7
parties relevant to the claim and the Attorney General may
8
proceed with the review of the application. If the
9
documentation provided by the applicant with the application
10
does not contain all the information the Attorney General
11
needs to move forward with the review of the application, the
12
Attorney General may proceed with requesting from the
13
applicant or from applicable third parties additional
14
documentation or information.

15

(f)
Law enforcement reports or other documentation
16
obtained by the Attorney General's office from an applicant,
17
victim, or third party under this Act for the purposes of
18
investigating an application for crime victim compensation
19
shall not be disclosed to the public or any individual or
20
entity, not including the individual who supplied the report
21
or documentation, by the Attorney General's office. Any
22
records obtained by the Attorney General's office to process
23
the application, including but not limited to applications,
24
documents, and photographs, shall be exempt from disclosure by
25
the Attorney General's office under the Freedom of Information
26
Act.

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1
(Source: P.A. 103-1037, eff. 1-1-25
.)

2

(740 ILCS 45/6.1)

(from Ch. 70, par. 76.1)
3

Sec. 6.1.
Right to compensation.
A person is entitled to
4
compensation under this Act if:
5

(a) Timing. Within 5 years of the occurrence of the
6

crime, or within one year after a criminal charge of a
7

person for an offense, upon which the claim is based, the
8

applicant presents an application, under oath, to the
9

Attorney General that is filed with the Court of Claims
10

and on a form prescribed in accordance with Section 7.1
11

furnished by the Attorney General. If the person entitled
12

to compensation is under 18 years of age or under other
13

legal disability at the time of the occurrence or is
14

determined by a court to be under a legal disability as a
15

result of the occurrence, he or she may present the
16

application required by this subsection within 3 years
17

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

disability is removed, as the case may be. Legal
19

disability includes a diagnosis of posttraumatic stress
20

disorder.
21

(a-1) The Attorney General and the Court of Claims may
22

accept an application presented after the period provided
23

in subsection (a) if the Attorney General determines that
24

the applicant had good cause for a delay.
25

(b) Notification. The appropriate law enforcement

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1

officials were notified within
30 days

72 hours
of the
2

perpetration of the crime allegedly causing the death or
3

injury to the victim. If the notification was made more
4

than
30 days

72 hours
after the perpetration of the crime
5

and the applicant establishes that the notice was timely
6

under the circumstances, the Attorney General and the
7

Court of Claims may extend the time for reporting to law
8

enforcement.
9

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

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

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

2012, the appropriate law enforcement officials were
13

notified within 7 days of the perpetration of the crime
14

allegedly causing death or injury to the victim or, if the
15

notification was made more than 7 days after the
16

perpetration of the crime, the applicant establishes that
17

the notice was timely under the circumstances.

18

(b-1) If, in lieu of a law enforcement report, the
19

applicant or victim has obtained an order of protection, a
20

civil no contact order, or a stalking no contact order,
21

has presented to a medical facility for medical care or
22

sexual assault evidence collection, has presented to a
23

mental health provider for
mental health care or
24

evaluation

an independent medical evaluation
, or is
25

engaged in a legal proceeding involving a claim that the
26

applicant or victim is a victim of human trafficking or

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1

law enforcement use of force, such action shall constitute
2

appropriate notification under this Section.
3

(b-2) For purposes of notification under this Act, a
4

victim who presents to a medical facility
or mental health
5

provider
shall provide information sufficient to fulfill
6

the requirements of this Section, except that the victim
7

shall not be required to identify the offender to the
8

medical
or mental health
provider.
9

(b-3) An applicant who is filing a claim that a law
10

enforcement officer's use of force caused injury or death,
11

may fulfill the notification requirement by complying with
12

subsection (b), filing a complaint with the Illinois Law
13

Enforcement Training Standards Board, filing a lawsuit
14

against a law enforcement officer or department, or
15

presenting evidence that the victim has obtained a
16

settlement or a verdict in a civil suit. An application
17

filed by an individual presenting evidence of a verdict in
18

a civil suit must be filed within one year after the
19

resolution of the civil suit.
20

(b-4) An applicant may provide notification to a
21

mental health provider regarding physical
or psychological

22

injuries
of the victim or for victims of offenses defined
23

in Sections 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
24

11-1.60, 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4
25

of the Criminal Code of 2012, psychological injuries

26

resulting from the commission of the crime for which the

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1

applicant is filing an application. The provider shall
2

perform an
independent medical
evaluation and provide the
3

provider's professional opinion as to whether the injuries
4

claimed are consistent with having resulted from the
5

commission of the crime for which the applicant is filing
6

an application.
A mental health provider may seek
7

reimbursement for an evaluation under this subsection if
8

the mental health provider is not currently providing
9

treatment to the applicant, and will not seek
10

reimbursement from the program for any additional
11

treatment of the applicant. Otherwise, a mental health
12

provider may conduct an evaluation under this subsection,
13

but is ineligible for reimbursement for performing the
14

evaluation.

15

Upon completion of the
independent medical
evaluation,
16

the mental health provider shall complete a certification
17

form, signed under oath. The form shall be provided by the
18

Office of the Attorney General
, be available on its
19

website,
and contain the following:
20

(1) The provider's name, title, license number and
21

place of employment.
22

(2) Contact information for the provider.
23

(3) The provider's relationship with the
24

applicant.
25

(4) The date the crime was reported to the
26

provider.

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1

(5) The reported crime.
2

(6) The date and location of the crime.
3

(7) If there are physical injuries, what injuries
4

that the mental health provider can attest to being
5

present on the day of the reporting if they are
6

consistent with the crime reported to the provider.
7

(8) If there are psychological injuries, whether
8

the provider in his or her professional opinion
9

believes that the injuries presented on the day of the
10

reporting are consistent with the crime reported to
11

the provider.
12

(9) A detailed summary of the incident, as
13

reported.
14

(10) Any documentation
or photos
that
relates

15

relate
to the crime of violence for which the
16

applicant is seeking reimbursement.
17

(b-5) If a mental health provider who provides a
18

certification form pursuant to subsection (b-4) seeks
19

reimbursement from the program for treatment of the
20

applicant, or an applicant seeks reimbursement for
21

payments made to the mental health provider for treatment,
22

compensation for services provided by the mental health
23

provider shall be limited to Medicare-approved rates.
24

Pursuant to subsection (g) of Section 10.1, a mental
25

health provider may not seek reimbursement for services
26

provided to an applicant if the applicant has not

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1

exhausted the benefits reasonably available under any
2

governmental, medical, or health insurance program.
3

(b-6) If an applicant was receiving treatment from a
4

mental health provider before the commission of the crime,
5

and the mental health provider provides a certification
6

form pursuant to subsection (b-4), the mental health
7

provider may only seek reimbursement from the program for
8

treatment that is in addition to the treatment the
9

applicant was already receiving before the commission of
10

the crime.

11

(c) Cooperation. The applicant has cooperated with law
12

enforcement officials in the apprehension and prosecution
13

of the assailant. If the applicant or victim has obtained
14

an order of protection, a civil no contact order, or a
15

stalking no contact order, has presented to a medical
16

facility for medical care or sexual assault evidence
17

collection, obtained an
evaluation

independent medical
18

examination
from a mental health provider as described in
19

subsection (b-4), has taken any of the actions described
20

in subsection (b-3), or is engaged in a legal proceeding
21

involving a claim that the applicant or victim is a victim
22

of human trafficking, such action shall constitute
23

cooperation under this subsection (c). If the victim is
24

under 18 years of age at the time of the commission of the
25

offense, the following shall constitute cooperation under
26

this subsection (c):

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1

(1) the applicant or the victim files a police
2

report with a law enforcement agency;
3

(2) a mandated reporter reports the crime to law
4

enforcement; or
5

(3) a person with firsthand knowledge of the crime
6

reports the crime to law enforcement.
7

In evaluating cooperation, the Attorney General and
8

Court of Claims may consider the victim's age, physical
9

condition, psychological state, cultural or linguistic
10

barriers, and compelling health and safety concerns,
11

including, but not limited to, a reasonable fear of
12

retaliation or harm that would jeopardize the well-being
13

of the victim or the victim's family, and giving due
14

consideration to the degree of cooperation that the victim
15

or derivative victim is capable of in light of the
16

presence of any of these factors, or any other factor the
17

Attorney General considers relevant.
18

(d) If the applicant is not barred from receiving
19

compensation under Section 10.1.
20

(e) (Blank).
21

(f) (Blank).
22

(g) (Blank).
23

Furnishing an evaluation as described in subsection (b-4)
24
or furnishing another document as evidence of notification or
25
cooperation under this Section may not be construed to waive
26
any confidentiality or privilege that may exist between the

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1
victim or applicant and a third party.

2

The changes made to this Section by this amendatory Act of
3
the 101st General Assembly apply to actions commenced or
4
pending on or after January 1, 2022.
5
(Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 1-1-25
.)

6

(740 ILCS 45/7.1)

(from Ch. 70, par. 77.1)
7

Sec. 7.1.
(a) The application
form furnished by the Office
8
of the Attorney General and published on its website
shall
9
include fields for the applicant to
set out:
10

(1) the name and address of the victim;
11

(2) if the victim is deceased, the name and address of
12

the applicant and his or her relationship to the victim,
13

the names and addresses of other persons dependent on the
14

victim for their support and the extent to which each is so
15

dependent, and other persons who may be entitled to
16

compensation for a pecuniary loss;
17

(3) the date and nature of the crime on which the
18

application for compensation is based;
19

(4) the date and place where notification under
20

Section 6.1 was given and to whom, or the date and place of
21

issuance of an order of protection, no contact order,
22

evidence of a legal proceeding involving human
23

trafficking, or in cases of a law enforcement officer's
24

use of force, another form of documentation allowable
25

under Section 6.1;

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1

(4.5) if the victim is providing supplemental forms of
2

documentation, that documentation, the date the victim
3

obtained that other form of documentation and the type of
4

documentation;
5

(5) the nature and extent of the injuries sustained by
6

the victim, and the names and addresses of those giving
7

medical and hospitalization treatment to the victim;
8

(6) the pecuniary loss to the applicant and to such
9

other persons as are specified under item (2) resulting
10

from the injury or death;
11

(7) the amount of benefits, payments, or awards, if
12

any, payable under:
13

(a) the Workers' Compensation Act,
14

(b) the Dram Shop Act,
15

(c) any claim, demand, or cause of action based
16

upon the crime-related injury or death,
17

(d) the Federal Medicare program,
18

(e) the State Public Aid program,
19

(f) Social Security Administration burial
20

benefits,
21

(g) Veterans administration burial benefits,
22

(h) life, health, accident, vehicle, towing, or
23

liability insurance,
24

(i) the Criminal Victims' Escrow Account Act,
25

(j) the Sexual Assault Survivors Emergency
26

Treatment Act,

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1

(k) restitution, or
2

(l) any other source;
3

(8) releases authorizing the surrender to the Court of
4

Claims or Attorney General of reports, documents and other
5

information relating to the matters specified under this
6

Act and rules promulgated in accordance with the Act;
7

(9) such other information as the Court of Claims or
8

the Attorney General reasonably requires
;

.
9

(10) whether the applicant is applying for an
10

emergency award under Section 10.2.

11

(b) The Attorney General may require that materials
12
substantiating the facts stated in the application be
13
submitted with that application.
14

(b-5) The victim or applicant may provide to the Attorney
15
General a sworn statement by the victim or applicant that
16
attests to the victim's or applicant's experience of a crime
17
or crimes of violence, in addition to documentation required
18
under this Act. If the victim or applicant has additional
19
corroborating evidence beyond those described in this Act, the
20
victim or applicant may provide the following documents: law
21
enforcement report; medical records; confirmation of sexual
22
assault evidence collection; order of protection; civil no
23
contact order, stalking no contact order; photographs; letter
24
from a service provider who serves victims of crime; affidavit
25
from a witness of the crime of violence; court record;
26
military record; or any other corroborating evidence. Such

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LRB104 08024 KTG 18070 b
1
documentation or statement may be used to supplement required
2
documentation to verify the incident but is not required. If
3
an applicant is seeking an exception under subsection (b) or
4
(c-1) of Section 6.1, the applicant shall provide any
5
additional documentation, information, or statement that
6
substantiates the facts stated in the application.
7

(c) An applicant, on his or her own motion, may file an
8
amended application or additional substantiating materials to
9
correct inadvertent errors or omissions at any time before the
10
original application has been disposed of by the Court of
11
Claims or the Attorney General. In either case, the filing of
12
additional information or of an amended application shall be
13
considered for the purpose of this Act to have been filed at
14
the same time as the original application.
15

For claims submitted on or after January 1, 2022, an
16
amended application or additional substantiating materials to
17
correct inadvertent errors or omissions may be filed at any
18
time before the original application is disposed of by the
19
Attorney General or the Court of Claims.
20

(d) Determinations submitted by the Attorney General to
21
the Court of Claims shall be available to the Court of Claims
22
for review. The Attorney General shall provide the sources and
23
evidence relied upon as a basis for a compensation
24
determination.
25

(e) The changes made to this Section by this amendatory
26
Act of the 101st General Assembly apply to actions commenced

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1
or pending on or after January 1, 2022.
2
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
3
103-1037, eff. 1-1-25
.)

4

(740 ILCS 45/8.1)

(from Ch. 70, par. 78.1)
5

Sec. 8.1.
If an applicant does not submit all materials
6
substantiating his or her claim as requested of him or her by
7
the Attorney General,
and the Attorney General is unable to
8
otherwise obtain such materials within 45 days of receiving
9
the claim,
the Attorney General shall notify the applicant in
10
writing of the specific additional items of information or
11
materials required and that he or she has 45 days in which to
12
furnish those items to the Attorney General. The Attorney
13
General shall report an applicant's failure to comply within
14
45 days of the foregoing notice to the Court of Claims. No
15
award of compensation shall be made for any portion of the
16
applicant's claim that is not substantiated by the applicant.
17
An applicant may request an extension of time from the
18
Attorney General prior to the expiration of the 45-day period.
19

After an application has been filed, an applicant's
20
failure to respond to communication from the Office of the
21
Attorney General or the Court of Claims or a failure to provide
22
necessary documentation to substantiate the request for
23
compensation may result in the claim being closed without
24
compensation. An applicant may submit to have the claim
25
reopened when the applicant is able to provide missing

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1
information and communicate regarding the claim.
2

Failure to update the Office of the Attorney General with
3
changes to the applicant's contact information after the
4
application is submitted to the Office of the Attorney General
5
may result in applications that are not filed with the Court of
6
Claims or claims that are closed without compensation.
7
(Source: P.A. 102-27, eff. 1-1-22; 103-1037, eff. 1-1-25
.)

8

(740 ILCS 45/10.2)
9

Sec. 10.2.
Emergency awards.
10

(a) If it appears, prior to taking action on an
11
application, that the claim is one for which compensation is
12
probable, and undue hardship will result to the applicant if
13
immediate payment is not made, the Attorney General may
14
recommend and the Court may make an emergency award of
15
compensation to the applicant, pending a final decision in the
16
case.
The Court shall issue a voucher for payment to the
17
Comptroller of an emergency award after receiving notice of
18
the decision to grant the emergency award. If the Comptroller
19
is not able to release the voucher for payment within 10
20
business days of receiving a voucher for payment from the
21
Court, the Comptroller shall notify the Court of Claims.

22
Emergency awards may be issued to the applicant for the
23
purpose of paying funeral and burial expenses directly to a
24
funeral home
for expenses that have been incurred or that the
25
applicant has been quoted,
and for relocation expenses

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1
incurred
or due to be incurred
by an applicant. The amount of
2
emergency compensation shall be deducted from any final award
3
made as a result of the claim. The full amount of the emergency
4
award if no final award is made shall be repaid by the
5
applicant to the State of Illinois.
If the amount of emergency
6
compensation exceeds the actual amount the applicant incurs,
7
the difference shall be repaid to the State.

8

(b) Emergency award applicants must satisfy all
9
requirements under Section 6.1 of this Act.
10

(c) The Office of the Attorney General shall include a
11
designated section in the application form described in
12
Section 7.1 for the applicant to request an emergency award.

13
(Source: P.A. 102-27, eff. 1-1-22
.)

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