94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0416


 
Introduced 2/16/2005, by Sen. Kwame Raoul - Kirk W. Dillard - Pamela J. Althoff
 
SYNOPSIS AS INTRODUCED:
 		














740 ILCS 45/2
  from Ch. 70, par. 72







    Amends the Crime Victims Compensation Act. Provides that the definition of "pecuniary loss" includes the first month's rent and security deposit of the dwelling that the claimant relocated to and other reasonable relocation expenses incurred as a result of the violent crime.
















LRB094 10578 LCB 40878 b

















 


 


A BILL FOR









 











SB0416

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1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Crime Victims Compensation Act is amended  by 
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changing Section 2 as follows:
 



6
    (740 ILCS 45/2)  (from Ch. 70, par. 72)



7
    Sec. 2. Definitions. As used in this Act, unless the 
8
context
otherwise requires:

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    (a) "Applicant" means any person who applies for 
10
compensation under this
Act or any person the Court of Claims 
11
finds is entitled to compensation,
including the guardian of a 
12
minor or of a person under legal disability. It
includes any 
13
person who was a dependent of a deceased victim of a crime of

14
violence for his or her support at the time of the death of 
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that victim.

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    (b) "Court of Claims" means the Court of Claims created by 
17
the Court
of Claims Act.

18
    (c) "Crime of violence" means and includes any offense 
19
defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, 
20
11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, 
21
12-4.2, 12-4.3, 12-5, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 
22
12-15,
12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of 
23
1961, and driving under
the influence of intoxicating liquor or 
24
narcotic drugs as defined in Section
11-501 of the Illinois 
25
Vehicle Code, if none of the said offenses
occurred
during a 
26
civil riot, insurrection or rebellion.  "Crime of violence" does 
27
not
include any other offense or accident involving a motor 
28
vehicle except those
vehicle offenses specifically provided 
29
for in this paragraph.  "Crime of
violence" does include all of 
30
the offenses specifically provided for in this
paragraph that 
31
occur within this State but are subject to federal jurisdiction

32
and crimes involving terrorism as defined in 18 U.S.C. 2331.

 


 






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1
    (d) "Victim" means (1) a person killed or injured in this 
2
State as a
result of a crime of violence perpetrated or 
3
attempted against him or her,
(2) the
parent of a child killed 
4
or injured in this State as a result of a crime of
violence 
5
perpetrated or attempted against the child, (3) a person killed

6
or injured in this State while attempting to assist a person 
7
against whom a
crime of violence is being perpetrated or 
8
attempted, if that attempt of
assistance would be expected of a 
9
reasonable man under the circumstances,
(4) a person killed or 
10
injured in this State while assisting a law
enforcement 
11
official apprehend a person who has perpetrated a crime of

12
violence or prevent the perpetration of any such crime if that

13
assistance was in response to the express request of the law 
14
enforcement
official, (5) a person who personally
witnessed a 
15
violent crime, (5.1) solely
for the purpose of compensating for 
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pecuniary loss incurred for
psychological treatment of a mental 
17
or emotional condition caused or aggravated
by the crime, any 
18
other person under the age of 18 who is the brother, sister,

19
half brother, half sister, child, or stepchild
of a person 
20
killed or injured in
this State as a
result of a crime of 
21
violence, or (6) an Illinois resident
who is a victim of a 
22
"crime of violence" as defined in this Act except, if
the crime 
23
occurred outside this State, the resident has the same rights

24
under this Act as if the crime had occurred in this State upon 
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a showing
that the state, territory, country, or political 
26
subdivision of a country
in which the crime occurred does not 
27
have a compensation of victims of
crimes law for which that 
28
Illinois resident is eligible.

29
    (e) "Dependent" means a relative of a deceased victim who 
30
was wholly or
partially dependent upon the victim's income at 
31
the time of his or her
death
and shall include the child of a 
32
victim born after his or her death.

33
    (f) "Relative" means a spouse, parent, grandparent, 
34
stepfather, stepmother,
child, grandchild, brother, 
35
brother-in-law, sister, sister-in-law, half
brother, half 
36
sister, spouse's parent, nephew, niece, uncle or aunt.

 


 






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    (g) "Child" means an unmarried son or daughter who is under 
2
18 years of
age and includes a stepchild, an adopted child or 
3
an illegitimate child.

4
    (h) "Pecuniary loss" means, in the case of injury, 
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appropriate medical
expenses and hospital expenses including 
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expenses of medical
examinations, rehabilitation,  medically 
7
required
nursing care expenses, appropriate
psychiatric care 
8
or psychiatric counseling expenses, expenses for care or

9
counseling by a licensed clinical psychologist or licensed 
10
clinical social
worker and expenses for treatment by Christian 
11
Science practitioners and
nursing care appropriate thereto; 
12
prosthetic appliances, eyeglasses, and
hearing aids necessary 
13
or damaged as a result of the
crime; replacement costs for 
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clothing and bedding used as evidence; costs
associated with 
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temporary lodging or relocation necessary as a
result of the 
16
crime, including, but not limited to, the first month's rent 
17
and security deposit of the dwelling that the claimant 
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relocated to and other reasonable relocation expenses incurred 
19
as a result of the violent crime;
locks or windows necessary or 
20
damaged as a result of the crime; the purchase,
lease, or 
21
rental of equipment necessary to create usability of and

22
accessibility to the victim's real and personal property, or 
23
the real and
personal property which is used by the victim, 
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necessary as a result of the
crime; the costs of appropriate 
25
crime scene clean-up;
replacement
services loss, to a maximum 
26
of $1000 per month;
dependents replacement
services loss, to a 
27
maximum of $1000 per month; loss of tuition paid to
attend 
28
grammar school or high school when the victim had been enrolled 
29
as a
full-time student prior to the injury, or college or 
30
graduate school when
the victim had been enrolled as a 
31
full-time day or night student prior to
the injury when the 
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victim becomes unable to continue attendance at school
as a 
33
result of the crime of violence perpetrated against him or her; 
34
loss
of
earnings, loss of future earnings because of disability 
35
resulting from the
injury, and, in addition, in the case of 
36
death, expenses for funeral, burial, and travel and transport 
 


 






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1
for survivors
of  homicide victims to secure bodies of  deceased 
2
victims and to transport
bodies for burial all of which
may not 
3
exceed a maximum of $5,000 and loss of support of the 
4
dependents of
the victim.
Loss of future earnings shall be 
5
reduced by any income from substitute work
actually performed 
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by the victim or by income he or she would have earned
in

7
available appropriate substitute work he or she was capable of 
8
performing
but
unreasonably failed to undertake.  Loss of 
9
earnings, loss of future
earnings and loss of support shall be 
10
determined on the basis of the
victim's average net monthly 
11
earnings for the 6 months immediately
preceding the date of the 
12
injury or on $1000 per month, whichever is less.
If a divorced 
13
or legally separated applicant is claiming loss of support
for 
14
a minor child of the deceased, the amount of support for each 
15
child
shall be based either on the amount of support
pursuant 
16
to the judgment prior to the date of the deceased
victim's 
17
injury or death, or, if the subject of pending litigation filed 
18
by
or on behalf of the divorced or legally separated applicant 
19
prior to the
injury or death, on the result of that litigation.  
20
Real and personal
property includes, but is not limited to, 
21
vehicles, houses, apartments,
town houses, or condominiums.  
22
Pecuniary loss does not
include pain and suffering or property 
23
loss or damage.

24
    (i) "Replacement services loss" means expenses reasonably 
25
incurred in
obtaining ordinary and necessary services in lieu 
26
of those the permanently
injured person would have performed, 
27
not for income, but for the benefit
of himself or herself or 
28
his or her family, if he or she had not
been permanently 
29
injured.

30
    (j) "Dependents replacement services loss" means loss 
31
reasonably incurred
by dependents after a victim's death in 
32
obtaining ordinary and necessary
services in lieu of those the 
33
victim would have performed, not for income,
but for their 
34
benefit, if he or she had not been fatally injured.

35
    (k) "Survivor" means immediate family including a parent, 
36
step-father,
step-mother, child,
brother, sister, or spouse.

 


 






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(Source: P.A. 91-258, eff. 1-1-00; 91-445, eff. 1-1-00;
91-892, 
2
eff. 7-6-00; 92-427, eff. 1-1-02.)