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HB 5057

CRIME VICTIMS-COMPENSATION

104th Regular Session Introduced by Jay Hoffman

Expands and speeds up crime victims’ compensation, including emergency awards within 2 days and broader eligible expenses, while simplifying documentation and mental health certifi

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 5057

HB5057 (104th Illinois General Assembly) — Crime Victims Compensation Act Amendments

Overview
HB5057, introduced by Rep. Jay Hoffman, updates the Crime Victims Compensation Act to streamline timelines, modify evidence rules, expand eligible expenses, and adjust procedures for emergency awards. The changes affect how applicants prove eligibility, what qualifies as pecuniary loss, and how and when emergency payments are issued.

Main purpose and intent
- Modernize and clarify processes for victims seeking compensation.
- Expand the use and speed of emergency funds to address urgent needs (funeral costs, relocation).
- Improve access to certifications from mental health providers while preserving confidentiality where relevant.

Key provisions and changes
- Reporting and certification timeline and flexibility:
- Removes rigid reporting deadlines tied to the occurrence of the crime (72 hours, 7 days) for some offenses.
- Allows alternative documentation pathways and independent medical evaluations for mental health claims (subsection 6.1, with new certification processes).
- Requires the Attorney General to publish on its website the certification form used by mental health providers to evaluate victims/applicants.

  • Confidentiality and documentation:

    • Clarifies that confidentiality between a health care provider and the victim/applicant is not waived when documentation is provided for compensation purposes.
    • Establishes an independent medical evaluation framework conducted by a mental health provider not currently treating the applicant, with the provider’s certification form detailing the evaluation and incident specifics.

  • Form and documentation requirements:

    • Section 7.1 requires the Office of the Attorney General’s application form to capture extensive information about the victim, relationship to the victim, crime details, notification history, dependencies, pecuniary losses, and other sources of compensation.
    • Allows sworn statements and supplemental corroborating documents to accompany the application.

  • Emergency awards (new or expanded):

    • The Attorney General may seek an emergency award when immediate payment is probable and undue hardship would result without quick release.
    • The Comptroller must issue emergency payments within 2 business days of the Court of Claims’ decision.
    • Eligible emergency use includes paying funeral/burial expenses directly to a funeral home and relocation costs.
    • Any emergency payment is deducted from the final award; if no final award is issued, or if the emergency exceeds actual losses, amounts must be repaid to the State.

  • Eligible expenses (pecuniary loss):

    • Expands or clarifies covered costs, including medical and rehabilitation expenses, transportation, prosthetics, replacement of clothing, crime scene cleanup, replacement services (and dependents’ replacement services), relocation costs (including first two months’ rent/deposit), and certain funeral/burial-related costs.
    • Adds caps and formulas for lost earnings, loss of future earnings, and loss of support, with amounts generally anchored to 6 months of earnings or $2,400 per month, subject to specified reductions.

Who is affected
- Crime victims and their families seeking compensation in Illinois.
- Guardians, caregivers, and dependents involved in compensation claims.
- Mental health and medical providers who certify evaluations.
- Court of Claims and the Attorney General, which administer the program and determine eligibility and awards.
- Funeral homes and relocation service providers may be directly impacted by emergency payments.

Procedural and timeline aspects
- Applications must generally be filed within 5 years of the crime (and within 1 year after criminal charges in certain cases), with disability exceptions.
- Some reporting-time requirements can be waived for good cause; alternative notification methods (orders, medical care, or legal proceedings) may satisfy notification requirements.
- Emergency awards must be issued within 2 business days of a decision to grant, with repayment mechanics specified if a final award is not made or if the emergency exceeds actual costs.

Overall, HB5057 aims to make the Victim Compensation program more responsive, transparent, and accessible, particularly for urgent needs and cases involving psychological or independent medical assessment.

Compiled from official sources — confirm details with the bill’s official record.

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