SB 3713

Abstract

Amends the Crime Victims Compensation Act. Expands the definition of "applicant" under the Act. Changes the definition of "victim" to include a grandparent 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. Provides that a victim or applicant who has been convicted of a felony not related to the crime for which the individual is seeking compensation may apply for assistance under this Act at any time but no ward of compensation may be considered or granted while the victim or applicant is held in a correctional institution. Authorizes the Attorney General to issue subpoenas to compel production of law enforcement reports maintained by law enforcement agencies. Prohibits the Attorney General's office from disclosing to the public law enforcement reports obtained from an applicant or victim under this Act. Allows the Attorney General and the Court of Claims to extend the time for reporting to law enforcement (rather than, for most crimes of violence, within 72 hours of the crime) if the Attorney General determines that the extension is justified by extraordinary circumstances. Provides that an application based on an allegation of police misconduct causing the injury or death may not be denied solely because a police report was not made the by victim. Amends the Juvenile Court. Provides that nothing in the Act prohibits law enforcement agencies from disclosing law enforcement reports and records to the Attorney General to comply with the Crime Victims Compensation Act. Makes other changes. Effective immediately, except that some provisions are effective January 1, 2025. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. 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.