By JAN BONE
is a free lance writer whose home is in Palatine. She is a 1970 winner of the American Political Science Association's award for Distinguished Public Affairs Reporting.

For first time in Illinois, new law recognizes rights of innocent victims of crime

A YOUNG man sitting on a Chicago porch with his date sees an armed robbery taking place at the gas station next door. The robber spots him, fears recognition, fires, and kills the youth —

A man, visiting a friend, is knifed in a hallway —

An elderly woman, walking alone, is held up and beaten —

All are innocent victims of crimes. Under a new Illinois law, they and similar victims who qualify are eligible to receive compensation from the Stale. The law provides for withholding names or details where necessary to protect the innocent or where the interests of justice require. Claims are processed before the Illinois Court of Claims by the Office of the Attorney General, William J. Scott.

$10,000 maximum amount
"Basically, the law compensates innocent victims of crimes or their dependents for medical and related expenses and loss of earnings up to $10,000 per claim," said Saul R. Wexler, assistant attorney general and chief of the Attorney General's Court of Claims division.

The Crime Victims' Compensation Act of 1973 provides compensation for certain unreimbursed losses resulting from a crime of violence: medical and hospital expenses, loss of earnings up to $500 per month, and loss of future earnings because of disability, with a maximum of $500 per month.

There's a $10,000 maximum on the amount recovered, and a $200 deductible on the amount of losses incurred.

Property loss and pain and suffering are specifically excluded when the amount of loss is considered. In addition, benefits, payments, or awards from workman's compensation; local, state. or federal funds except for Social Security benefits, or hospitalization insurance are deducted from the amount of loss when the award to an applicant is determined.

"Only claims resulting from crimes committed on or after October 1, 1973 may be considered," said Wexler. "The crime involved must be one of the following: murder, voluntary manslaughter, kidnapping, aggravated kidnapping, rape, deviate sexual assault, indecent liberties with a child, assault, aggravated assault, battery, aggravated battery, reckless conduct, or arson. If any of these crimes occurred during a civil riot, insurrection, or rebellion," Wexler said, "they're not covered under the Crime Victims' Compensation Act.

"The person who applies for compensation has to be a victim if it's a personal injury case," he continued. "But if the victim dies as a result of the crime, then anyone dependent on that victim may apply if they've had actual medical or funeral expenses, or if they face loss of earnings or support.

"The applicant must cooperate fully with law enforcement officials in apprehending and prosecuting the assailant," Wexler said, "but the assailant need not be apprehended or convicted."

Rep. Leiand Rayson (D., Tinley Park), Rep. Arthur Berman (D., Chicago), and Sen. Howard W. Carroll (D., Chicago) were chief sponsors of the original bill. Public Act 78-359, that set up the Crime Victims' Compensation Act, and also sponsored an amendment recently signed into law. Among other provisions, the amendment, Public Act 78-1197, expanded eligibility of applicants so that persons related to victims who died could be compensated for funeral and medical expenses. "Originally, people had no recourse for recovering these expenses if an elderly parent or child was the victim," said Wexler. "Now they do."

So far, about 300 claims have been filed in Illinois. Most of them are in various stages of investigation, although four or five victims or dependents have been awarded compensation by the court. For example, relatives of the young man shot and killed by the gas station robber as he sal on the Chicago porch with his date received an award of just under $800.

Amendment expands eligibility
The compensation process starts when victims or their dependents contact the Attorney General's office. They can pick up a packet of information and forms, including a Spanish translation of instructions, at consumer fraud offices throughout the State, or request them by writing to the Attorney General. Included with the various forms is a subrogation agreement, which provides that if the applicant recovers money from his assailant, the Attorney General may proceed against the assailant for those moneys. "In the event we recover money from the assailant in excess of what the State has paid out in compensation, then the remainder will go to the victim," said Wexler. The forms also include an authorization for the Attorney General

Illinois Issues/February 1975/43