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 paragraph (a), nothing in this Act affects the right of the applicant 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, acceptance of an offer from or of an whether as a result of the 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 17 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 paragraph (a), nothing in this Act affects the right of the applicant 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 ict, 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 amendeu. (d) An award under this Act made to an applicant for or recipient of assistance under the "Public Assistance Code of Illinois" is subject to the charge imposed by that Act on claims, demands and causes of action for injuries. 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, charge fees to the applicant for representing him at a hearing provided for in this Act but only in such an amount as the Commission determines to be reasonable. Section 17. In addition to any other civil liability or criminal penalties provided by law, a person who is convicted of having wilfully misstated or omitted facts relevant to the determination of whether compensation is due under this Act or of the amount of that compensation, whether in making application for compensation or in the further proceedings provided for in this Act, shall be fined not more than $1000 or imprisoned in a penal institution other than the penitentiary for not more than one year or both fined and imprisoned. No compensation under this Act may be paid to an applicant who violates this Section or knowingly acquiesces to a violation of this Section. Section 18. The following sums, or so much thereof as may be necessary, are appropriated to the Commission to $1,750,000 Section 19. This Act applies only to injuries, including those resulting in death, which are inflicted after the effective date of this Act. 39-867 O 70-5 APPENDIX C A SUMMARY OF THE PROPOSED "CRIME VICTIMS COMPENSATION ACT by Richard M. Hull Legislative Reference Bureau The proposed "Crime Victims Compensation Act" provides for the compensation by the State for injuries or death resulting from the commission of or attempt to commit a crime of violence, from acting reasonably in attempting to prevent the commission of such a crime or from answering a law enforcement officer's call for assistance in apprehending a person who has committed or in preventing the commission of such a crime. Crimes of violence are specifically defined in terms of Sections of the Criminal Code of 1961 and include homicide, kidnapping, rape, deviate sexual assault, aggravated assault, battery, arson, and resisting or obstructing a police officer. The Act creates the Commission to Compensate Victims of Crimes of Violence composed of 5 members, including at least one doctor and one lawyer, to be appointed by the Governor with the approval of the Senate. The Governor will also designate one of the members as full-time chairman of the Commission. The Commission will administer the Act, make rules regarding its enforcement and administration and will conduct the hearings called for in the Act. In the light of experience of New Zealand and England with similar legislation, the vast majority of cases should be disposed of informally through the consideration of an application for compensation by a member of the Commission, assigned as examiner, acceptance of the examiner's recommendations by another member assigned as reviewer and approval by the chairman. A formal hearing before the Commission will be held on such an application, however, when requested by the applicant, when recommended by the examiner or when the examiner, reviewer and chairman fail to 21 |