DON NOBLE, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought compensation for medical, hospital, and accessibility expenses as a victim of a violent crime (DUI). The court found the application timely filed and awarded $5,622.96 for expenses not covered by insurance.
Statutes cited: 740 ILCS 45/1; 625 ILCS 5/11-501; 5 ILCS 70/1.25(1)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- Practice and procedure - Applications deemed filed by date on post office cancellation mark
OPINION
STORINO, J. This claim arises out of an incident that occurred on Saturday, June 23, 2007. The claimant, Don Noble, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act, 740 ILCS 45/1, et seg. (2000).
This Court has carefully considered the application for benefits submitted on Friday, June 26, 2009, on the form prescribed by the Illinois Attorney General, and an investigatory report of the Illinois Attorney General which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Illinois Attorney General’s Office, the Court finds:
1. That on Saturday, June 23, 2007, the claimant, Don Noble, age 48, was a victim of a violent crime as defined in §2(c) of the Act, to wit: Driving Under the Influence 625 ILCS 5/11-501(2000). 2. That pursuant to §6.1(a) of the Act, a person is entitled to compensation under the Act if within 2 years of the occurrence of the crime, or within one year after a criminal indictment of a person for an offense, upon which the claim is based, an application is filed, under oath, with the Court of Claims and on a form prescribed in accordance with Section 7.1 furnished by the Attorney General. If the person entitled to compensation is under 18 years of age or under other legal disability at the time of the occurrence or becomes legally disabled as a result of the occurrence, he may file the application within two years after he attains the age of eighteen years or the disability is removed, as the case may be.
Legal disability includes a diagnosis of posttraumatic stress disorder. 3. That the crime occurred on Saturday, June 23, 2007. The application for the crime victims compensation program was filed on June 26, 2009. Two years from the crime date was June 23, 2009.
The United States Post Office cancellation mark stamped on the envelope containing the application is [*288] June 22, 2009. “Any writing of any kind or description required or authorized to be filed with…the State…if transmitted through the United States mail, shall be deemed filed with or received by the State…on the date shown by the post office cancellation mark stamped upon the envelope or wrapper containing it;” 5 ILCS 70/1.25(1). Therefore, the claim was filed in the time frame required by §6.1(a) of the Act. 4. That the crime occurred in Stockton, Illinois, and all of the eligibility requirements of §6.1 of the Act have been met. 5. That the claimant seeks compensation for medical, hospital and accessibility expenses. 6. That the claimant’s private insurance assumed responsibility for the claimant’s medical, hospital and accessibility expenses with the exception of $5,622.96, for which the claimant is responsible and which the claimant has paid. 7. That the court has ordered the offender to pay restitution to the claimant in the amount of $3,700.00.
To date, the claimant has not received any payments. In the event that restitution is received, the claimant shall notify the Attorney General’s office of those payments pursuant to §17 of the Act. 8. That the claimant has complied with all pertinent provisions of the Act and qualifies for compensation there under.
IT IS HEREBY ORDERED that the sum of $5,622.96 (FIVE THOUSAND SIX HUNDRED TWENTYTWO DOLLARS AND NINETY-SIX CENTS) be and is hereby awarded to Don Noble, an innocent victim of a violent crime.