A victim of crime as defined in Section 2.3 of the Criminal Victims' Asset Discovery Act shall have a cause of action against a defendant who has been convicted of a crime, or found not guilty by reason of insanity or guilty but mentally ill of a crime, to recover damages suffered by the victim of the crime. The Civil Practice Law shall apply in the proceedings, and the case shall be tried as in other civil cases. If the victim is deceased, the next of kin may maintain the action.
2-2001.Crime victims.
Article II. Civil Practice · Part 20. Crime Victims · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-2001 gives a crime victim, or that victim's next of kin if the victim has died, a civil cause of action for damages against a defendant convicted of the crime, or found not guilty by reason of insanity or guilty but mentally ill.
Full Text of 735 ILCS 5/2-2001
Plain-English Summary
Section 2-2001 creates a civil damages remedy for victims of crime. A victim, as defined in the Criminal Victims' Asset Discovery Act, gets a cause of action against a defendant once that defendant has been convicted of a crime, or found not guilty by reason of insanity, or found guilty but mentally ill, for the damages the victim suffered from the crime.
The case doesn't proceed under any special track. The Civil Practice Law applies to the proceedings, and the case is tried the same way any other civil case is tried — with the same pleading rules, discovery, and trial procedure that govern ordinary civil litigation.
If the victim has died, the section doesn't let the claim die with them: the next of kin may maintain the action, keeping the civil remedy available even when the person originally harmed can no longer pursue it.
Frequently Asked Questions
Who can bring a lawsuit under Section 2-2001?
A person who qualifies as a victim of crime under the Criminal Victims' Asset Discovery Act. If that victim has died, the next of kin may maintain the action instead.
Does the defendant need to be convicted before this civil action can proceed?
The section ties the cause of action to a defendant who has been convicted of a crime, or found not guilty by reason of insanity, or found guilty but mentally ill of a crime. It's built around one of those three criminal-case outcomes.
What if the defendant was found not guilty by reason of insanity?
That finding still supports the civil cause of action under this section, alongside a conviction or a finding of guilty but mentally ill. The victim can pursue damages regardless of which of the three outcomes applies.
What procedures govern a crime victim's civil damages case?
The Civil Practice Law applies, and the case is tried as any other civil case would be. Section 2-2001 doesn't create a separate procedural track for these claims.
What happens if the crime victim has died?
The victim's next of kin may maintain the action in the victim's place, so the death of the victim doesn't extinguish the civil remedy against the defendant.
Amendment History
(Source: P.A. 88-378.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois crime victim civil lawsuitsue criminal for damages illinoiscivil action against convicted defendant illinoisnext of kin crime victim lawsuit illinois