740 ILCS 45/7.1

Current through Public Act 103-1052
Section 740 ILCS 45/7.1 - [Effective 1/1/2025]
(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 ;
(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.

740 ILCS 45/7.1

P.A. 82-956.
Amended by P.A. 103-1037,§ 10, eff. 1/1/2025.
Amended by P.A. 102-0905,§ 10, eff. 1/1/2023.
Amended by P.A. 101-0652,§ 10-307, eff. 7/1/2021.
Amended by P.A. 098-0463,§ 480, eff. 8/16/2013.
Amended by P.A. 097-0817,§ 10, eff. 1/1/2013.
This section is set out more than once due to postponed, multiple, or conflicting amendments.