Illinois Victims Rights
Illinois Victims RightsIn Illinois, crime victims have certain rights. This includes the right to:
As part of the Illinois Victims Rights, the Illinois Victims Economic Security and Safety Act was enacted. This provides the following:
The Illinois Victims Economic Security and Safety Act allows for employers (defined as the State or any agency of the State; any unit of local government or school district; or any person that employs at least 50 employees) may not discharge or discriminate against an employee who is a victim of domestic violence or sexual assault who has a family or household member who is a victim, for taking up to a total of 12 workweeks of leave from work during any 12-month period to address these issues.
This Act prohibits employers from discharging, discriminating, or retaliating against a person taking leave from work as a result of domestic violence or sexual assault to: seek medical attention or counseling for injuries or psychological trauma, obtain victim services, relocate, seek legal assistance or participate in a related court proceeding.
The employer may require the employee to provide certification to the employer. The employer is not required to provide paid leave under this Act, but may not suspend group health plan benefits during the leave period.
Financial ReimbursmentWhen a crime is committed against an individual and the perpetrator is arrested, prosecuted and found guilty of the crime, the court may order the defendant to pay restitution as a part of his sentence.
Restitution is a form of reimbursement for victims of criminal cases for actual out-of-pocket expenses, losses, damages, and injuries suffered by the victim(s) as a result of the defendant's criminal conduct. Restitution does not cover any punitive damages.
If you feel you are owed restitution through a criminal case that you are involved with, you must inform the Police Department that assisted you or the State Attorney prior to the cases completion. In order to receive your restitution, keep all copies of any bills, receipts, insurance documentation, and estimates relating to the actual out-of-pocket expenses, losses, damages, and injuries you have incurred as a result of the crime. You may be required to make this information available to the court for review.
Restitution is not a guarantee. If a defendant is found not guilty, you may have to pursue restitution through civil litigation. If a defendant is found guilty but refuses to pay restitution or is unable to comply with restitution, the State Attorney will attempt enforcement procedures against the defendant. However, a defendant may be allowed to satisfy restitution through other forms of sentencing options. These sentencing options are at the discretion of the court.
The Crime Victim Compensation Act was established by the Illinois General Assembly in 1973 with the primary goal of helping to reduce the financial burden imposed on victims of violent crime and their families. The Illinois Crime Victim Compensation Program can provide innocent victims and their families with up to $27,000 in financial assistance for expenses accrued as a result of a violent crime.
Who is a crime Victim?
What are the violent crimes referred to in this Act?
What expenses might be covered?
Applicants for Crime Victim Compensation must first exhaust other reasonable remedies including health insurance, medicare, workers compensation, etc. The crime in question must have been reported to authorities within 72 hours (there are exceptions) and victims must cooperate with authorities working on the case. Applications must be filed within two years from the date of the crime
Basic Child Safety Tips
Talking to Children About Nearby Offenders
Child Sexual Exploitation
Sexual Assault on Campus
Illinois Sexual Offender FAQ
Basic Offender Information For Illinois
Crime Victim Rights Under Illinois Law
Illinois Protection Orders