Madigan proposes bill to help domestic violence victims leave abusers          Send a link to a friend

Marks 25th anniversary of Crime Victims' Rights Week

[APRIL 16, 2005]  CHICAGO -- Marking the 25th annual National Crime Victims' Rights Week, Attorney General Lisa Madigan announced Thursday that she has proposed legislation to help victims of domestic violence secure permanent housing and establish a safe living environment away from their abusers by providing, when needed, for the payment of security deposits and first month's rent as relocation expenses.

Speaking at an afternoon news conference, Madigan said Senate Bill 416 is a critical improvement to the Illinois Crime Victims' Compensation Act, which her office administers and which helps victims of violent crime with grants for services ranging from funerals to counseling to relocation expenses.

Madigan said the Crime Victim Compensation Act does not specifically identify security deposits or first month's rent as potentially reimbursable relocation expenses. As a result, the court of claims, which approves expenses, has repeatedly rejected the Office of the Attorney General's recommendation for those expenses. However, under Senate Bill 416, those costs specifically would be identified as relocation expenses and therefore would be eligible for reimbursement. The bill was drafted by Madigan and is sponsored in the Senate by Sen. Kwame Raoul, D-Chicago, and in the House by Rep. Constance Howard, D-Chicago.

"When a woman finds the courage to flee her abuser, it is crucial that she also find assistance to break the cycle of violence," Madigan said. "We have set up this system of financial assistance for crime victims, and we must ensure that it does what was intended -- help victims and their families escape abusive settings. It's hard enough for domestic violence victims to scrape up the strength to leave. They should not have to scrape up a security deposit and first month's rent as well." 

"One of the most common reasons that prevent victims of domestic violence to seek justice is the fear that they will have nowhere else to go except back to their abuser," Raoul said. "This bill helps to provide the resources to assist these victims to break away and leave a dangerous situation."

"Getting a fresh start at life for domestic violence victims often means finding a different place to live," Howard said. "The small investment we make in helping a victim to get established in a new place helps to break the cycle of abuse and, over time, will certainly yield significant dividends by reducing court, police and health care expenses."

Joining Madigan at the news conference was Alberta Jenkins, a victim of domestic abuse who filed multiple orders of protection against her abusive husband and sought protection in a shelter before she and her children finally relocated to a new residence. Even though the woman's abuser pleaded guilty to domestic battery, the court denied granting a reimbursement to the victim for her relocation expenses of first month's rent and security deposit. 

Additionally, Madigan was joined by East Dundee Police Chief Joe Pena, who also serves as first vice president of the Illinois Association of Chiefs of Police, and Lyn Schollett, general counsel, Illinois Coalition Against Sexual Assault.

Madigan also is supporting House Bill 2389, the Crime Victim Compensation Accessibility Act, sponsored by Rep. Careen Gordon, D-Coal City. Because research has shown that the majority of sexual assault victims do not immediately seek help, Madigan said this bill would modify eligibility requirements for crime victim compensation to allow victims of rape to receive compensation if they report the crime to law enforcement or go to a hospital for medical care within seven days of the incident. The law currently requires victims to notify authorities within 72 hours of the crime.

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House Bill 2389, currently under consideration in the House, also would allow post-traumatic stress disorder to be considered a legal disability that could prohibit a victim from filing an application for funds within two years of the crime. Victims suffering from this disorder would be eligible for an extension to file their claims.

"The time right after a violent crime has occurred can be quite traumatic for victims," Gordon said. "To put additional pressure on them to comply with a somewhat arbitrary deadline when they are experiencing great emotional and physical stress is unfair and insensitive. This bill affords crime victims some additional time and makes the system work a bit better for them."

Madigan's office administers the Crime Victims Compensation Act, which can provide up to $27,000 to help victims of violent crime pay for expenses associated with their recovery, after other compensation sources -- such as private insurance, Medicare, Medicaid or other public aid -- have been exhausted. To be eligible for compensation, a victim must report the crime promptly to law enforcement and cooperate fully in the apprehension and prosecution of the offender. The majority of the money used to compensate Illinois victims is generated from fees and fines paid by convicted federal offenders, not tax revenue. 

On Thursday, Madigan also unveiled a new poster to increase public awareness of the rights of crime victims. Under Illinois law, victims of crime are guaranteed certain rights, including the right to be reasonably protected from the offender, receive notification about court proceedings, have access to information about the imprisonment and parole of the offender, and recover restitution from the offender. The "Illinois Crime Victims Bill of Rights" poster will be distributed by Madigan's office to local law enforcement agencies and prosecutors throughout the state. It is available to view online at www.illinoisattorneygeneral.gov/victims/
Bill_of_Rights_poster.pdf
. [To download Adobe Reader for the PDF file, click here.]

Madigan also joined the attorneys general of all 49 other states in signing an April 12 letter to congressional leaders urging Congress to restore funding to the Crime Victims Fund, a significant federal grant program that finances the Victims of Crime Act and supports crime victim services throughout Illinois and the country.

Additional information about programs administered by Madigan's Crime Victim Services Division is available online at www.IllinoisAttorneyGeneral.gov/victims and www.IllinoisAttorneyGeneral.gov/women or by calling 1 (800) 228-3368.

[News release from the Office of the Illinois Attorney General]

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