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SB0416 Engrossed |
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LRB094 10578 LCB 40878 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Crime Victims Compensation Act is amended by |
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| changing Section 2 as follows:
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| (740 ILCS 45/2) (from Ch. 70, par. 72)
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| Sec. 2. Definitions. As used in this Act, unless the |
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| context
otherwise requires:
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| (a) "Applicant" means any person who applies for |
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| compensation under this
Act or any person the Court of Claims |
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| finds is entitled to compensation,
including the guardian of a |
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| minor or of a person under legal disability. It
includes any |
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| person who was a dependent of a deceased victim of a crime of
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| 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 |
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| the Court
of Claims Act.
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| (c) "Crime of violence" means and includes any offense |
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| defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, |
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| 11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, |
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| 12-4.2, 12-4.3, 12-5, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, |
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| 12-15,
12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of |
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| 1961, and driving under
the influence of intoxicating liquor or |
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| narcotic drugs as defined in Section
11-501 of the Illinois |
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| Vehicle Code, if none of the said offenses
occurred
during a |
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| civil riot, insurrection or rebellion. "Crime of violence" does |
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| not
include any other offense or accident involving a motor |
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| vehicle except those
vehicle offenses specifically provided |
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| for in this paragraph. "Crime of
violence" does include all of |
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| the offenses specifically provided for in this
paragraph that |
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| occur within this State but are subject to federal jurisdiction
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| and crimes involving terrorism as defined in 18 U.S.C. 2331.
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SB0416 Engrossed |
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LRB094 10578 LCB 40878 b |
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| (d) "Victim" means (1) a person killed or injured in this |
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| State as a
result of a crime of violence perpetrated or |
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| attempted against him or her,
(2) the
parent of a child killed |
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| or injured in this State as a result of a crime of
violence |
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| perpetrated or attempted against the child, (3) a person killed
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| or injured in this State while attempting to assist a person |
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| against whom a
crime of violence is being perpetrated or |
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| attempted, if that attempt of
assistance would be expected of a |
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| reasonable man under the circumstances,
(4) a person killed or |
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| injured in this State while assisting a law
enforcement |
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| official apprehend a person who has perpetrated a crime of
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| violence or prevent the perpetration of any such crime if that
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| assistance was in response to the express request of the law |
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| enforcement
official, (5) a person who personally
witnessed a |
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| violent crime, (5.1) solely
for the purpose of compensating for |
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| pecuniary loss incurred for
psychological treatment of a mental |
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| or emotional condition caused or aggravated
by the crime, any |
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| other person under the age of 18 who is the brother, sister,
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| half brother, half sister, child, or stepchild
of a person |
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| killed or injured in
this State as a
result of a crime of |
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| violence, or (6) an Illinois resident
who is a victim of a |
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| "crime of violence" as defined in this Act except, if
the crime |
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| occurred outside this State, the resident has the same rights
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| 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 |
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| subdivision of a country
in which the crime occurred does not |
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| have a compensation of victims of
crimes law for which that |
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| Illinois resident is eligible.
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| (e) "Dependent" means a relative of a deceased victim who |
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| was wholly or
partially dependent upon the victim's income at |
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| the time of his or her
death
and shall include the child of a |
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| victim born after his or her death.
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| (f) "Relative" means a spouse, parent, grandparent, |
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| stepfather, stepmother,
child, grandchild, brother, |
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| brother-in-law, sister, sister-in-law, half
brother, half |
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| sister, spouse's parent, nephew, niece, uncle or aunt.
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SB0416 Engrossed |
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LRB094 10578 LCB 40878 b |
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| (g) "Child" means an unmarried son or daughter who is under |
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| 18 years of
age and includes a stepchild, an adopted child or |
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| an illegitimate child.
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| (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 |
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| required
nursing care expenses, appropriate
psychiatric care |
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| or psychiatric counseling expenses, expenses for care or
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| counseling by a licensed clinical psychologist or licensed |
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| clinical social
worker and expenses for treatment by Christian |
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| Science practitioners and
nursing care appropriate thereto; |
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| prosthetic appliances, eyeglasses, and
hearing aids necessary |
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| 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 |
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| crime, including, but not limited to, the first month's rent |
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| and security deposit of the dwelling that the claimant |
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| relocated to and other reasonable relocation expenses incurred |
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| as a result of the violent crime;
locks or windows necessary or |
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| damaged as a result of the crime; the purchase,
lease, or |
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| rental of equipment necessary to create usability of and
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| accessibility to the victim's real and personal property, or |
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| 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 |
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| crime scene clean-up;
replacement
services loss, to a maximum |
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| of $1000 per month;
dependents replacement
services loss, to a |
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| maximum of $1000 per month; loss of tuition paid to
attend |
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| grammar school or high school when the victim had been enrolled |
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| as a
full-time student prior to the injury, or college or |
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| graduate school when
the victim had been enrolled as a |
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| 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 |
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| result of the crime of violence perpetrated against him or her; |
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| loss
of
earnings, loss of future earnings because of disability |
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| resulting from the
injury, and, in addition, in the case of |
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| death, expenses for funeral, burial, and travel and transport |
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SB0416 Engrossed |
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LRB094 10578 LCB 40878 b |
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| for survivors
of homicide victims to secure bodies of deceased |
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| victims and to transport
bodies for burial all of which
may not |
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| exceed a maximum of $5,000 and loss of support of the |
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| dependents of
the victim.
Loss of future earnings shall be |
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| 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
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| available appropriate substitute work he or she was capable of |
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| performing
but
unreasonably failed to undertake. Loss of |
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| earnings, loss of future
earnings and loss of support shall be |
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| determined on the basis of the
victim's average net monthly |
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| earnings for the 6 months immediately
preceding the date of the |
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| injury or on $1000 per month, whichever is less.
If a divorced |
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| or legally separated applicant is claiming loss of support
for |
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| a minor child of the deceased, the amount of support for each |
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| child
shall be based either on the amount of support
pursuant |
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| to the judgment prior to the date of the deceased
victim's |
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| injury or death, or, if the subject of pending litigation filed |
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| by
or on behalf of the divorced or legally separated applicant |
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| prior to the
injury or death, on the result of that litigation. |
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| Real and personal
property includes, but is not limited to, |
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| vehicles, houses, apartments,
town houses, or condominiums. |
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| Pecuniary loss does not
include pain and suffering or property |
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| loss or damage.
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| (i) "Replacement services loss" means expenses reasonably |
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| incurred in
obtaining ordinary and necessary services in lieu |
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| of those the permanently
injured person would have performed, |
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| not for income, but for the benefit
of himself or herself or |
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| his or her family, if he or she had not
been permanently |
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| injured.
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| (j) "Dependents replacement services loss" means loss |
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| reasonably incurred
by dependents after a victim's death in |
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| obtaining ordinary and necessary
services in lieu of those the |
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| victim would have performed, not for income,
but for their |
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| benefit, if he or she had not been fatally injured.
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| (k) "Survivor" means immediate family including a parent, |
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| step-father,
step-mother, child,
brother, sister, or spouse.
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