94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5859


 
Introduced 11/16/2006, by Rep. Patricia R. Bellock
 
SYNOPSIS AS INTRODUCED:
 		




















725 ILCS 145/2.3
  from Ch. 70, par. 402.3



725 ILCS 145/2.4 new





725 ILCS 145/3
  from Ch. 70, par. 403


735 ILCS 5/2-2001




735 ILCS 5/4-101
  from Ch. 110, par. 4-101







    Amends the Criminal Victims' Asset Discovery Act.  Provides that the Act applies to persons convicted of violent crimes (rather than first degree murder, a Class
X felony, or aggravated kidnapping).  Amends the Code of Civil Procedure to make conforming changes.  Provides that a victim of a violent crime (rather than first degree murder, a Class
X felony, or aggravated kidnapping) shall have a cause of action
against a defendant who has been convicted of a violent crime, or found not guilty by
reason of insanity or guilty but mentally ill of a violent crime, to recover damages
suffered by the victim of the violent crime.
















LRB094 21968 RLC 60466 b

















 


 


A BILL FOR









 











HB5859

LRB094 21968 RLC 60466 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Victims' Asset Discovery Act is 
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amended  by changing Sections 2.3 and 3 and  by adding Section 
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2.4 as follows:

 



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    (725 ILCS 145/2.3)  (from Ch. 70, par. 402.3)


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    Sec. 2.3. "Victim" means a person killed or physically 
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injured in this
State as a result of a violent crime 
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perpetrated or attempted against that person.

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(Source: P.A. 81-906.)


 
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    (725 ILCS 145/2.4 new)

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    Sec. 2.4. Violent crime. "Violent crime" has the meaning 
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ascribed to it in Section 3 of the Rights of Crime Victims and 
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Witnesses Act.
 



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    (725 ILCS 145/3)  (from Ch. 70, par. 403)


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    Sec. 3. Deposition; assets of criminal. 

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    (a) Any person who has been convicted
of a violent crime

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first degree murder, a Class X felony, or aggravated kidnapping 
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in this
State, or who has been found not guilty by reason of

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insanity or guilty but mentally ill of a violent crime
first 
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degree murder, a Class X felony,
or aggravated kidnapping,

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involving a victim as
described in Section 2.3, or any other 
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person who has reasonable grounds
to know of any assets of the 
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person convicted of a violent crime
first degree murder, a 
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Class
X felony, or aggravated kidnapping, or who has been
found 
27
not guilty by reason of insanity or guilty but mentally ill of 
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a violent crime
first
degree murder, a Class X felony, or 
29
aggravated kidnapping, may be deposed by
the victim or the 
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victim's legal representative concerning those assets.

 


 






HB5859
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LRB094 21968 RLC 60466 b




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    (b) Upon written request of the victim, the Department of 
2
Corrections
shall notify the victim of any assets of the person

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convicted of a violent crime
first degree murder, a Class X 
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felony, or aggravated
kidnapping, or found not guilty by reason 
5
of
insanity or guilty but mentally ill of a violent crime
first 
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degree murder, a Class X felony,
or aggravated kidnapping, 
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known by the Department.

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    (c) The victim may seek attachment against the property of 
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the
person convicted of first degree murder, a violent crime

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Class X felony, or aggravated
kidnapping, or
found not
guilty 
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by reason of insanity or
guilty but mentally ill of a violent 
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crime
first degree murder, a Class X felony, or
aggravated 
13
kidnapping, against him
or her.

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(Source: P.A. 87-1157; 88-378.)



 
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    Section 10. The Code of Civil Procedure is amended  by 
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changing Sections 2-2001 and 4-101 as follows:
 



17
    (735 ILCS 5/2-2001)


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    Sec. 2-2001. Crime victims. A victim of a violent crime as 
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defined in Section 2.3
of the Criminal Victims' Asset Discovery 
20
Act shall have a cause of action
against a defendant who has 
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been convicted of a violent crime, or found not guilty by

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reason of insanity or guilty but mentally ill of a violent

23
crime, to recover damages
suffered by the victim of the violent

24
crime.

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    The Civil
Practice Law shall apply in the proceedings, and 
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the case shall be tried as in
other civil cases.  If the victim 
27
is deceased, the next of kin may maintain the
action.

28
(Source: P.A. 88-378.)


 



29
    (735 ILCS 5/4-101)  (from Ch. 110, par. 4-101)


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    Sec. 4-101. Cause. In any court having competent 
31
jurisdiction, a creditor
having a money claim, whether 
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liquidated or unliquidated, and whether sounding
in contract or 
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tort, or based upon a statutory cause of action created by law

 


 






HB5859
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LRB094 21968 RLC 60466 b




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in favor of the People of the State of Illinois, or any agency 
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of the State,
may have an attachment against the property of 
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his or her debtor, or that of
any one or more of several 
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debtors, either at the time of commencement of the
action or 
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thereafter, when the claim exceeds $20,
in any one of the 
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following cases:


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        1. Where the debtor is not a resident of this State.


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        2. When the debtor conceals himself or herself or 
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    stands in defiance of an
officer, so that process cannot be 
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    served upon him or her.


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        3. Where the debtor has departed from this State with 
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    the
intention of having his or her effects removed from 
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    this State.


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        4. Where the debtor is about to depart from this State 
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    with the
intention of having his or her effects removed 
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    from this State.


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        5. Where the debtor is about to remove his or her 
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    property from this
State to the injury of such creditor.


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        6. Where the debtor has within 2 years preceding the 
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    filing of
the affidavit required, fraudulently conveyed or 
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    assigned his or her effects,
or a part thereof, so as to 
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    hinder or delay his or her creditors.


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        7. Where the debtor has, within 2 years prior to the 
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    filing of
such affidavit, fraudulently concealed or 
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    disposed of his or her property so as
to hinder or delay 
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    his or her creditors.


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        8. Where the debtor is about fraudulently to conceal, 
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    assign, or
otherwise dispose of his or her property or 
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    effects, so as to hinder or delay
his or her creditors.


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        9. Where the debt sued for was fraudulently contracted 
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    on the
part of the debtor. The statements of the debtor, 
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    his or her agent or
attorney, which constitute the fraud, 
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    shall have been reduced to
writing, and his or her 
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    signature attached thereto, by himself or herself,
agent or 
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    attorney.


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        10. When the debtor is a person convicted of a violent 
 


 






HB5859
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LRB094 21968 RLC 60466 b




1
    crime
first degree murder, a
Class X felony, or aggravated 
2
    kidnapping, or found not
guilty by reason of insanity or 
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    guilty but mentally ill of a violent crime
first degree

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    murder, a Class X felony, or aggravated kidnapping, against

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    the creditor and that crime makes the creditor a "victim" 
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    under the
Criminal Victims' Asset Discovery Act.


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        11. When the debtor is referred by the Department of 
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    Corrections to the
Attorney
General under Section 3-7-6 of 
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    the Unified Code of Corrections to recover the
expenses 
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    incurred as a result of that debtor's cost of 
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    incarceration.

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(Source: P.A. 93-508, eff. 1-1-04.)