90-cc-0437 Franciscan Medical Center 354.60 90-CC-3180 Ingalls Memorial Hospital 560.00 CRIME VICTIMS COMPENSATION ACT Where person is victim of violent crime as defined in the I Act; has suffered pecuniary loss of $zoO.oO or more; notified and cooperated fully with law enforcement officials immediately after the crime; the victim and the I assailant were not related and sharing the same household; the injury was not substantially attributable to the victim’s wrongful act or substantial provocation; and his claim was filed in the Court of Claims within one year of the date of injury, compensation is payable under the Act. IOPINIONS PUBLISHED IN FULL FY 1991 (No. Unassigned-Claim denied.) GEORGE SCHENKand JEAN SCHENK, Claimants, v . THE STATE OF ILLINOIS,Respondent.
Case summary
Homero Rodarte, uncle of deceased victims of a violent crime, sought compensation under the Crime Victims Compensation Act for funeral expenses. After reconsideration based on newly discovered facts and a stipulation, the court awarded $7,194.66.
Statutes cited: Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq.; Ill. Rev. Stat. 1985, ch. 70, par. 71 et seq.
Cases cited: Bodine v. State, 35 Ill. Ct. Cl. 777
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- CRIME VICTIMSCohwmsAnoN Am-no exception to limitations period for lock o f information on Act. The Crime Victims Compensation Act does not grant an exception to the limitations period as an excuse of lack of information from police or hospitgls regarding the Act.
- SAME-hospitars failure to post signs regarding Crime Victims
- Compensation Act did not extend limitations period-claim denied. The Court of Claims denied compensation to a Claimant who filed a Notice of
- Intent two years after the crime, despite Claimant’s contention that the hospital failed to post signs about the Act since there is no exception to the limitations period as an excuse of lack of information in the statute.
ORDER
RAUCCI, J.
This cause coming on to be heard on the petition for extension of time to file necessary documents to claim compensation under the Illinois Crime Victims Compensation Act. Ill. Rev. Stat. 1985, ch. 70, par. 71 et se9.
The crime was committed on February 21, 1987. The notice of intent to file claims was filed April 24, 1989, more than two (2) years after the crime. Since the maximum amount of time to file the notice of intent is eighteen (18) months, including any extension, we have no alternative but to deny the petition.
Petition Denied.
ORDER
POCH, J.
This claim arises out of an incident that occurrec. on February 19,1987.
Claimants seek compensation pursuant to the provisions of the Crime Victims Compensation Act. Ill. Rev. Stat. 1987, ch. 70, par. 71 et se9.
On June 30, 1989, the Court entered an order denying the petition, stating the intent to file claims was filed April 24,1989, more than two years after the crime. As the maximum time to file notice of intent is 18 months, including any extensions, the Court had no alternative but to deny the petition.
The Claimants requested a hearing. The hearing was held before a Commissioner on March 26,1990.
[*439] 439 I
At the hearing the Claimants raised as an excuse that i the hospital failed to post signs about the Crime Victims ~ Compensation Act and the police did not advise them I about the act. The statute does not grant an exception to I
I
the limitations period for an excuse of lack of information from police or hospitals.
The claim will be denied, as no State officer has authority to waive or arrest the running of a limitations period in favor of the State. Bodine 1). State, 35 Ill. Ct. C1.777.
In this case, no evidence of disability or other possible legal exception to the notice requirements of the statute has been presented. The notice of intent was filed more than 18 months after the date of the crime.
The order of June 30, 1989 denying this claim be and is hereby affirmed. So ordered.
ORDER
MONTANA, C.J.
Claimant’s recent letter to the Court dated October 12,1990, is construed as a motion for reconsideration.
Having again reviewed the case, we are constrained to deny the request for reconsideration.
( N ~ S .85-cv-o983,s-cv-o984,~-cv-o985,
as-cv-0986, s-cv-oga7,
85-CV-0988-Claimant awarded $7,194.66.)
In re APPLICATION OF HOMERO
RODARTE
Order filed May 10,1985.
Order filed January 24,1989.
Order filed March 29,1989.
Order filed January 9,1991.
HOMERO
RODARTE, pro se, for Claimant.
[*440] NEIL F. HARTIGAN, Attorney General (JAMES MAHER,
Assistant Attorney General, of counsel), for Respondent.
CRIME VICTIMSCOMPENSATION Am-uiolent crime-stipulation-award granted. After the appearance of newly discovered facts, upon stipulation by the parties, the Court of Claims awarded the uncle of the deceased victims, all who were innocent victims of a violent crime, compensation under the Crime Victims Compensation Act for funeral expenses.
ORDER
POCH,J.
This claim arises out of an incident that occurred on March 24, 1984. Homero Rodarte, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. 111. Rev. Stat. 1979, ch. 70, par. 71, etseg.
This Court has carefully considered the application for benefits submitted on April 5, 1984, on the form prescribed by the Attorney General, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds:
1. That on March 24, 1984, the victim and five others died of extensive burns as the result of a fire. The incident occurred in the apartment where the victim resided, located at 4448 South Hermitage, Chicago, Illinois. The victim was pronounced dead on arrival at Mercy Hospital. The investigation conducted by the police concluded that, due to the extensive burning and the collapse of the building, the cause of the fire could not be determined. Police records indicate that the incident was classified as an apparent accidental fire death. In addition, the medical examiner’s Certificate of Death classified the victim’s death as an accident.
[*441] 2. That the Claimant seeks compensation for funeral expenses of the deceased victim, Santos Lupercio, age 10.
3. That funeral expenses of the six deceased victims in this incident totaled $10,394.64, or $1,732.44 for each victim’s funeral. A donation of $333.33 was made toward each victim’s funeral by Midwest Nut and Seed Company, leaving a balance of $1,399.11, which was paid by an unknown person or persons.
4. That the Claimant has submitted no substantiation to indicate that he incurred or paid for any portion of the funeral expenses of the deceased victim, Santos Lupercio.
5. That in order for a Claimant to be eligible for compensation under the Act, there must be evidence of one of the violent crimes specifically set forth under section 72(c) of the Act.
6. That an accidental fire is not one of the violent crimes specifically set forth under section 72(c) of the Act.
7. That the Claimant has not met the required conditions precedent for compensation under the Act.
It is hereby ordered that this claim be, and is hereby denied.
ORDER
POCH,J.
This cause coming on to be heard on the petition for extension of time to file necessary documents to claim compensation under the Illinois Crime Victims Compensation Act (Ill. Rev. Stat. 1985, ch. 70, par. 71 et seq.).
[*442] The crime was committed on March 2A, 1984. The notice of intent to file claims was filed July 14, 1988, more than four (4) years after the crime. Since the maximum amount of time to file the notice of intent is eighteen (18) months, including any extension, we have no alternative but to deny the petition.
Petition is denied.
ORDER
SOMMER,J.
This cause coming to be heard on the petition of the Claimant, Homero Rodarte, to reopen the above claims, and this Court being fully advised in the premises:
Finds that the above claims were denied on May 10, 1985 because the fire that caused the injuries and deaths was held to be accidental. It is alleged that a person now has been arrested and indicted for starting the fire. (The Claimant filed new claims on July 14, 1988, which this Court denied on January 24, 1989, on the grounds that the statute of limitations for filing had run.) Section 86 of the Crime Victims Compensation Act (Ill. Rev. Stat. 1985, ch. 70, par. 71 et se9.) states that this Court may reconsider a denial of compensation upon the appearance of newly discovered facts.
It is therefore ordered that the order of May 10, 1985, denying benefits is hereby reconsidered and vacated and that these claims be returned to the Attorney General for investigation and recommendation.
ORDER
POCH,J.
This matter coming to be heard upon the Court’s own motion, this Court hereby finds as follows: [*443]
The parties have entered into a stipulation whereby the Attorney General’s Office recommends that the sum of $7,194.66 be paid to Homero Rodarte, the uncle of the deceased victims all of whom were the innocent victims of a violent crime.
Wherefore, it is hereby ordered that;
1. The sum of $7,194.66 be paid to Homero Rodarte.
2. It is further ordered that this case be closed.