we had a $10,000 maximum, because we thought that we were really trying to take care of the monetary compensation for real victimization, that we could not hope to make the person whole entirely.

I will not go into all of the details.

The CHAIRMAN. Are you going to give us a draft of your recommended statute, plus a copy of the Illinois commission report?

Mr. MIKVA. I happen to have a copy of the bill and report here, which I very much would like to present to the committee.

The CHAIRMAN. We would be glad to make that a part of the record.

(The documents follow :)

A BILL FOR AN ACT in relation to the compensation of victims of crimes of violence or of the dependents of such victims, to create a Commission to administer the Act and to define the powers and duties of that Commission and to make appropriations in connection therewith

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

Section 1. This Act shall be known and may be cited as the "Crime Victims Compensation Act".

Section 2. As used in this Act, unless the context otherwise requires :

(a) "Commission" means the Commission to Compensate Victims of Crimes of Violence, created by this Act.

(b) "Applicant" means any victim of a crime of violence who applies to the Commission for compensation under this Act. It includes any person dependent for his support on a deceased victim of a crime of violence.

(c) "Crime of violence" means and includes any offense defined in Section 9-1, 9-2, 9-3, 10-1, 10-2, 10-3, 11-1, 11-3, 11-4, 12-1, 12-2, 12-3, 12-4, 12-5, 20-1, or 31-1 of the "Criminal Code of 1961".

(c) "Victim" means and includes a person (1) killed or injured as a result of a crime of violence perpetrated or attempted against him, (2) killed or injured while attempting to assist a person against whom a crime of violence is being perpetrated or attempted, if that attempt of assistance would be expected of a reasonable man under the circumstances, or (3) killed or injured while assisting a law enforcement official to apprehend a person who has perpetrated a crime of violence or to prevent the perpetration of any such crime if that assistance was in response to the express request of the law enforcement official.

Section 3. There is created the Commission to Compensate Victims of Crimes of Violence consisting of 5 members appointed by the Governor by and with the advice and consent of the Senate. No more than 3 members of the Commission may be of the same political party. Two members of the Commission must be licensed to practice medicine under the "Medicaid Practice Act" and the other members of the Commission must be licensed to practice law in this State. If a vacancy occurs on the Commission while the Senate is in recess, the Governor shall make a temporary appointment until the next meeting of the Senate when he shall nominate some person to fill that vacancy who, when confirmed by the Senate, will serve as a member of the Commission for the remainder of the term for which the vacancy existed and until his successor is appointed and qualified. If the Senate is not in session on the effective date of this Act, the Governor shall make initial appointments as in the case of a vacancy.

The Governor shall designate one of the members of the Commission to serve as chairman. The chairman must be an attorney, serve in a full-time capacity and shall receive an annual salary of $15,000, payable in equal monthly installments. The Governor may designate a vice-chairman to serve in the chairman's absence. Other members of the Commission, including the vice-chairman, shall receive $100 for each day that they are engaged in the work of the Commission but not more than $10,000 in any one year.

In making his original appointments to the Commission, the Governor shall designate 3 members to serve until January 20, 1969, and 2 members to serve until January 18, 1971. Thereafter, Commission members shall serve for a term expiring on the 3rd Monday in January 4 years after the expiration of the antecedent term. Each member shall serve until his successor is appointed and qualified.

Section 4. The Commission shall have the following powers and duties:

(a) To prescribe and furnish forms for making application for compensation under this Act.

(b) To accept applications for compensation under this Act and to determine the amount of compensation, if any, to which persons are entitled under this Act.

(c) To hold hearings as permitted or required by this Act at such times and places as are reasonably suited to effectuate the purposes of this Act.

(d) Subject to the "Personnel Code", to employ such clerical and stenographic personnel as are necessary to the effective administration of this Act and fix their compensation.

(e) To submit to the Governor and the members of the General Assembly by March 1 each year a written report for the preceding calendar year setting out the Commission's findings and conclusions as respects each application which was the subject of a hearing under this Act and setting out a summary of the applications disposed of by the Commission without a hearing.

(f) Subject to "An Act concerning administrative rules", approved June 14, 1951, as now or hereafter amended. to promulgate and amend such rules and regulations as are consistent with this Act and necessary to its administration. Section 5. A person is entitled to compensation under this Act if:

(a) he is a victim as defined in Section 2 of this Act, or is a person who was dependent on a deceased victim for his support at the time of the death of that victim;

(b) his pecuniary loss resulting from the injury or death to the victim is $100 or more, as determined under Section 6;

(c) the appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death or injury to the victim as soon after its perpetration as was reasonably practicable under the circumstances;

(d) the victim and his assailant were not of the same household;

(e) the injury to or the death of the victim was not entirely attributable to his wrongful act or substantial provocation of his assailant; and

(f) his application for compensation under this Act is filed with the Commission within 12 months of the date of the injury to the victim or within such further extension of time as the Commission, for good cause shown, allows.

Section 6. Pecuniary loss to an applicant under this Act resulting from injury or death to a victim includes, in the case of injury, medical expenses, hospital expenses, loss of earnings, loss of future earnings because of a disability resulting from the injury, and other expenses actually and necessarily incurred as a result of the injury and, in addition in the case of death, funeral and burial expenses and loss of support to the dependents of the victim. Loss of earnings, loss of future earnings and loss of support shall be determined on the basis of the victim's average monthly earnings for the 6 months immediately preceding the date of the injury or on $500 per month, whichever is less. Nothing in this Section authorizes the making of child support payments for the benefit of a child conceived as a result of the rape of its mother. Pain and suffering shall not be considered in determining pecuniary loss. Pecuniary loss does not include property damage. Section 7. An applicant for compensation under this Act must file with the Commission an application, under oath, on a form prescribed and furnished by the Commission, setting out:

(a) the name and address of the victim;

(b) if the victim is deceased, the name and address of the applicant and his 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;

(c) the date and nature of the crime or attempted crime of violence on which the application for compensation is based;

(d) the date and place where and the law enforcement officials to whom notification of the crime was given;

(e) the nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospitalization treatment to the victim and whether death resulted;

(f) the pecuniary loss to the applicant and to such other persons as are specified under paragraph (b) resulting from the injury or death;

(g) the amount of benefits, payments or awards, if any, payable under the "Workmen's Compensation Act" or from local governmental, State or federal funds, which the applicant or other person listed under paragraph (b) has received or to which he is entitled as a result of the injury or death;

(h) releases authorizing the surrender to the Commission of reports, documents and other information relating to the matters specified under this Section; and

(i) such other information as the Commission reasonably requires.

The Commission may require that materials substantiating the facts stated in the application be submitted with that application.

If the Commission finds that an application does not contain the required information or that the facts stated therein have not been sufficiently substantiated, it shall notify the applicant in writing of the specific additional items of information or materials required and that he has 30 days in which to furnish those items to the Commission. The Commission shall reject the application of an applicant who although notified fails to file the requested information or substantiating materials within the time specified unless he requests, and the Commission grants, an extension of time in which to furnish that information. An applicant, on his 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 Commission. 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.

Section 8. (a) When an application meeting the requirements of Section 7 is filed with the Commission, the chairman shall assign it to one of the other members of the Commission. That member shall consider the application and substantiating materials accompanying it and shall submit to the chairman his written recommendation and reasons in support thereof that (1) the application be rejected, (2) an offer of compensation in a stated amount be made to the applicant or (3) the application be set for hearing before the Commission. (b) If the Chairman approves the recommendation that the application be rejected, he shall cause written notice of the rejection to be sent to the applicant along with a statement setting forth the reasons for the rejection and a statement informing the applicant that he may request a hearing on the application within 20 days and that otherwise the rejection becomes final.

(c) If the chairman approves the recommendation that a stated award of compensation be paid to the applicant, he shall cause a written offer of compensation in that amount to be sent to the applicant along with a statement that the applicant has 20 days in which to request a hearing on the application, otherwise the determination of the amount due will be final. If the chairman disapproves the recommended award but suggests a modified award to which the member who considered the application agrees, the chairman shall cause written notice of that modified award to be sent to the applicant with the statement of the 20 day limitation period in which to file a request for hearing. (d) If (1) the member has recommended that the application be set for hearing, (2) the chairman and member have failed to agree on the amount of a modified award to be made to the applicant or (3) the applicant has filed a request for hearing within the time limits specified in subsections (b) and (c), then the chairman shall set the application for hearing as soon as is reasonably practicable.

(e) The Commission, on motion of the applicant or on its own motion, may continue a hearing under this Act or postpone the consideration of an application pending the outcome of legal proceedings which have been instituted to determine the civil or criminal liability of the alleged assailant.

Section 9. Hearings may be held at any convenient location in this State and shall be conducted by the chairman and 2 members of the Commission, designated by the chairman from those members who did not consider originally the application which is the subject of the hearing. A % vote is necessary to decide matters at the hearings. At least 10 days prior written notice of the date, time and place of the hearing shall be sent to the applicant by the Commission. The Commission may adopt regulations governing the conduct of hearings under this Act. The hearings shall be conducted in a manner provided by those regulations whether or not they prescribe a procedure which conforms to the common law or statutory rules of evidence or other technical rules or procedure. No informality in the manner of taking testimony in the hearings nor the admission of evidence contrary to the laws of evidence affects the validity of a determination by the Commission. All testimony before the Commission at a hearing shall be made under oath, administered by the chairman or by some member designated for that purpose by the chairman. The Commission on its own motion may and on the motion of the applicant shall issue subpoenas and

subpoenas duces tecum to compel the attendance of witnesses and the production of documents and records relevant to the facts stated in the application. Such subpoenas shall issue over the signature of the chairman or of either of the other members hearing the application. Upon the willful failure to respond to subpoenas issued by the Commission, the Commission through the chairman may seek a court order compelling the attendance and testimony of the witness or compelling the production of the documents or records subpoenaed. Applicants may appear personally or by counsel, present evidence and cross-examine witnesses.

Section 10. Hearings shall be open to the public unless the Commission determines that a closed hearing should be held because:

(a) the alleged assailant has not been brought to trial and a public hearing would adversely affect either his apprehension or his trial;

(b) the offense allegedly perpetrated against the victim is one defined in Section 11-1, 11-3 or 11-4 or the "Criminal Code of 1961" and the interests of the victim or of persons dependent on his support require that the public be excluded from the hearing;

(c) the victim or the alleged assailant is a minor; or

(d) the interests of justice would be frustrated, rather than furthered, if the hearing were open to the public.

A record shall be kept of the proceedings of hearings held before the Commission and shall include the Commission's findings of fact and conclusions of the amount of compensation, if any, to which the applicant and persons dependent on a deceased victim are entitled. No part of the record of any hearing before the Commission may be used for any purpose in a criminal proceeding except in the prosecution of a person alleged to have perjured himself in his testimony before the Commission. A copy of the record may be furnished to the applicant upon his written request accompanied by payment of 75¢ per page of that record. Where the interests of justice require, the Commission may refuse to disclose the names of victims or other material in the record by which the identity of the victim could be discovered.

Section 11. In determining the amount of compensation to which an applicant is entitled, the Commission, whether making an offer to the applicant through the chairman as provided in paragraph (c) of Section 8 or making the determination in a hearing provided for in paragraph (d) of that Section, shall consider the facts stated on the application of the applicant and:

(a) need not consider whether or not the alleged assailant has been apprehended or brought to trial nor the result of any criminal proceedings against that person;

(b) shall determine the amount of the pecuniary loss to the applicant and. in the case of a deceased victim, of other persons dependent on the victim for their support, basing this determination on the definition in Section 6;

(c) shall determine the degree or extent to which the victim's acts or conduct provoked or contributed to his injuries or death and reduce or deny the award of compensation accordingly;

(d) shall give no consideration to any benefits payable to the victim or his dependents by virtue of insurance policies held by the victim when his injury was sustained or his death occurred.

(e) shall deduct the amount of benefits, payments or awards, payable under the "Workmen's Compensation Act" or from local governmental, State or federal funds, which the applicant or other person dependent for his support on a deceased victim, as the case may be, has received or to which he is entitled as a result of the injury to or death of the victim; and

(f) shall offer or award, as the case may be, the resultant amount or $10,000. whichever is less, to the applicant or, if the victim is deceased, to be apportioned among the persons who were dependent on him for their support at the time of the perpetration of the crime or attempted crime on which the application is based. An award to persons other than the victim shall be based on the Commission's findings and order under paragraph (b) of Section 12; an offer to such persons shall be based on like determinations made by the member first considering the application and approved by the chairman on the basis of facts stated in the application for compensation.

Section 12. (a) At the conclusion of a hearing held under this Act, the Commission shall enter an order stating (1) its findings of fact, (2) its decision as to whether or not compensation is due under this Act, (3) the amount of compensation, if any, which is due under this Act, determined as provided in Sec

tion 11, (4) whether disbursement of the compensation awarded is to be made in a lump sum or in periodic payments, and (5) the person or persons to whom the compensation should be paid.

(b) If the Commission finds, in the case of an application made by a person dependent for his support on a deceased victim, that persons other than the applicant were also dependent on that victim for their support, it shall also (1) name those persons in its order; (2) state the percentage share of the total compensation award and the dollar amount to which each is entitled; and (3) order that those amounts be paid to those persons directly or, in the case of a minor or incompetent, to his guardian or conservator, as the case may be.

Section 13. The Commission may on its own motion and shall upon the written request of an applicant or other person to whom compensation has been awarded set for hearing the question whether and to what extent an order issued under Section 12 should be modified. No hearing need be held, however, unless the written request states fact which were not known to and by the exercise of reasonable diligence could not have been ascertained by the applicant or other person, as the case may be, at the time of the entry of the order sought to be modified and which have directly affected the determination of whether or not compensation should be awarded and, if so, the amount of that compensation. Section 14. (a) The Commission may offer or may award compensation on the condition that the applicant or other recipient subrogate to the State his rights to collect damages from the assailant. In such a case the Attorney General may, on behalf of the State, bring suit against an assailant for money damages, but must first notify the applicant or other recipient of compensation, as the case may be, and give him an opportunity to participate in the prosecution of the suit. The excess of the amount recovered in any such suit over the amount of the compensation offered and accepted or awarded under this Act plus costs of suit and attorneys fees shall be paid to the applicant or recipient of compensation, as the case may be.

(b) If there has been no subrogation under praragraph (a), nothing in this Act affects the right of the appellant or other recipient of compensation to seek civil damages from the assailant but that applicant or other recipient must give written notice to the Commission of the making of a claim or demand or the filing of a suit for such damages.

(c) The State has a charge for the amount of compensation paid under this Act upon all claims, demands or causes of action against an assailant to recover for the injuries or death of a victim which were the basis for that payment of compensation. At the time compensation is paid under this Act, whether as a result of the acceptance of an offer from or of an award by the Commission, the Commission shall give written notice of this charge to the applicant or other recipient of compensation. The charge attaches to any verdict, judgment or decree entered and to any money or property which is recovered on account of the claim, demand, cause of action or suit against the assailant after the notice is given. On petition filed by the Attorney General on behalf of the State or by the applicant or other recipient of compensation, the circuit court, on written notice to all interested parties, shall adjudicate the rights of the parties and enforce the charge. This paragraph does not affect the priority of an attorney's lien under "An Act concerning attorney's lien and for enforcement of same", filed June 16, 1909, as amended.

Section 15. Any agreement by an individual to waive, release or commute his rights under this Act is void. Compensation due under this Act may not be assigned, pledged, encumbered, released or commuted. Compensation under this Act is exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt, and this exemption may not be waived.

Section 16. No fee may be charged to the applicant in any proceeding under this Act except as provided in this Act. If the applicant is represented by counsel or some other duly authorized agent in making application under this Act or in any further proceedings provided for in this Act, that counsel or agent may receive no payment for his services in preparing or presenting the application before the Commission. He may, however, receive fees for representing the applicant at a hearing provided for in this Act but only in such an amount as the Commission determines to be reasonable.