Full Text of HB5472 99th General Assembly
HB5472enr 99TH GENERAL ASSEMBLY |
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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 3. The Rights of Crime Victims and Witnesses Act is | 5 | | amended by changing Section 3 as follows:
| 6 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| 7 | | Sec. 3. The terms used in this Act shall have the following | 8 | | meanings:
| 9 | | (a) "Crime victim" or "victim" means: (1) any natural | 10 | | person determined by the prosecutor or the court to have | 11 | | suffered direct physical or psychological harm as a result of a | 12 | | violent crime perpetrated or attempted against that person or | 13 | | direct physical or psychological harm as a result of (i) a | 14 | | violation of Section 11-501 of the Illinois Vehicle Code or | 15 | | similar provision of a local ordinance or (ii) a violation of | 16 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | 17 | | of 2012; (2) in the case of a crime victim who is under 18 years | 18 | | of age or an adult victim who is incompetent or incapacitated, | 19 | | both parents, legal guardians, foster parents, or a single | 20 | | adult representative; (3) in the case of an adult deceased | 21 | | victim, 2 representatives who may be the spouse, parent, child | 22 | | or sibling of the victim, or the representative of the victim's | 23 | | estate; and (4) an immediate family member of a victim under |
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| 1 | | clause (1) of this paragraph (a) chosen by the victim. If the | 2 | | victim is 18 years of age or over, the victim may choose any | 3 | | person to be the victim's representative. In no event shall the | 4 | | defendant or any person who aided and abetted in the commission | 5 | | of the crime be considered a victim, a crime victim, or a | 6 | | representative of the victim. | 7 | | A board, agency, or other governmental entity making | 8 | | decisions regarding an offender's release, sentence reduction, | 9 | | or clemency can determine additional persons are victims for | 10 | | the purpose of its proceedings. person with a disability
| 11 | | (a-3) "Advocate" means a person whose communications with | 12 | | the victim are privileged under Section 8-802.1 or 8-802.2 of | 13 | | the Code of Civil Procedure, or Section 227 of the Illinois | 14 | | Domestic Violence Act of 1986. | 15 | | (a-5) "Confer" means to consult together, share | 16 | | information, compare opinions and carry on a discussion or | 17 | | deliberation. | 18 | | (a-7) "Sentence" includes, but is not limited to, the | 19 | | imposition of sentence, a request for a reduction in sentence, | 20 | | parole, mandatory supervised release, aftercare release, early | 21 | | release, clemency, or a proposal that would reduce the | 22 | | defendant's sentence or result in the defendant's release. | 23 | | "Early release" refers to a discretionary release. | 24 | | (a-9) "Sentencing" includes, but is not limited to, the | 25 | | imposition of sentence and a request for a reduction in | 26 | | sentence, parole, mandatory supervised release, aftercare |
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| 1 | | release, or early release. | 2 | | (b) "Witness" means : any person who personally observed the | 3 | | commission of
a crime and who will testify on behalf of the | 4 | | State of Illinois ; or a person who will be called by the | 5 | | prosecution to give testimony establishing a necessary nexus | 6 | | between the offender and the violent crime .
| 7 | | (c) "Violent crime Crime " means: (1) any felony in which | 8 | | force or threat of force was
used against the victim; (2) any | 9 | | offense involving sexual exploitation, sexual
conduct , or | 10 | | sexual penetration; (3) a violation of Section 11-20.1, | 11 | | 11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or | 12 | | the Criminal Code of 2012; (4) domestic battery or , stalking; | 13 | | (5) violation of an order of
protection, a civil no contact | 14 | | order, or a stalking no contact order; (6) any misdemeanor | 15 | | which results in death or great bodily
harm to the victim; or | 16 | | (7) any violation of Section 9-3 of the Criminal Code of
1961 | 17 | | or the Criminal Code of 2012, or Section 11-501 of the Illinois | 18 | | Vehicle
Code, or a similar provision of a local ordinance, if | 19 | | the violation resulted
in personal injury or death. "Violent | 20 | | crime" includes any action committed by a juvenile
that would | 21 | | be a violent crime if committed by an adult. For the purposes | 22 | | of
this paragraph, "personal injury" shall include any Type A | 23 | | injury as indicated
on the traffic accident report completed by | 24 | | a law enforcement officer that
requires immediate professional | 25 | | attention in either a doctor's office or
medical facility. A | 26 | | type A injury shall include severely bleeding wounds,
distorted |
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| 1 | | extremities, and injuries that require the injured party to be
| 2 | | carried from the scene.
| 3 | | (d) (Blank).
| 4 | | (e) "Court proceedings" includes, but is not limited to, | 5 | | the preliminary hearing, any post-arraignment hearing the
| 6 | | effect of which may be the release of the defendant from | 7 | | custody or to alter
the conditions of bond, change of plea | 8 | | hearing, the trial, any pretrial or post-trial hearing, | 9 | | sentencing, any oral argument or hearing before an Illinois | 10 | | appellate court, any hearing under the Mental Health and | 11 | | Developmental Disabilities Code after a finding that the | 12 | | defendant is not guilty by reason of insanity, any
hearing | 13 | | related to a modification of sentence, probation revocation | 14 | | hearing, aftercare release or parole hearings, post-conviction | 15 | | relief proceedings, habeas corpus proceedings and clemency | 16 | | proceedings related to the defendant's conviction or sentence. | 17 | | For purposes of the victim's right to be present, "court | 18 | | proceedings" does not include (1) hearings under Section 109-1 | 19 | | of the Code of Criminal Procedure of 1963, (2) grand jury | 20 | | proceedings, (3) status hearings, or (4) the issuance of an | 21 | | order or decision of an Illinois court that dismisses a charge, | 22 | | reverses a conviction, reduces a sentence, or releases an | 23 | | offender under a court rule.
| 24 | | (f) "Concerned citizen"
includes relatives of the victim, | 25 | | friends of the victim, witnesses to the
crime, or any other | 26 | | person associated with the victim or prisoner. |
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| 1 | | (g) "Victim's attorney" means an attorney retained by the | 2 | | victim for the purposes of asserting the victim's | 3 | | constitutional and statutory rights. An attorney retained by | 4 | | the victim means an attorney who is hired to represent the | 5 | | victim at the victim's expense or an attorney who has agreed to | 6 | | provide pro bono representation. Nothing in this statute | 7 | | creates a right to counsel at public expense for a victim. | 8 | | (Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15; | 9 | | 99-413, eff. 8-20-15; revised 10-19-15.)
| 10 | | Section 5. The Crime Victims Compensation Act is amended by | 11 | | changing Section 2 as follows:
| 12 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
| 13 | | Sec. 2. Definitions. As used in this Act, unless the | 14 | | context
otherwise requires:
| 15 | | (a) "Applicant" means any person who applies for | 16 | | compensation under this
Act or any person the Court of Claims | 17 | | finds is entitled to compensation,
including the guardian of a | 18 | | minor or of a person under legal disability. It
includes any | 19 | | person who was a dependent of a deceased victim of a crime of
| 20 | | violence for his or her support at the time of the death of | 21 | | that victim.
| 22 | | (b) "Court of Claims" means the Court of Claims created by | 23 | | the Court
of Claims Act.
| 24 | | (c) "Crime of violence" means and includes any offense |
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| 1 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | 2 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 3 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, | 4 | | 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, | 5 | | 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15,
| 6 | | 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 | 7 | | except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) | 8 | | of Section 11-14.4, of the Criminal Code of 1961 or the | 9 | | Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery | 10 | | Protection Act, Section 125 of the Stalking No Contact Order | 11 | | Act, Section 219 of the Civil No Contact Order Act, driving | 12 | | under
the influence as defined in Section
11-501 of the | 13 | | Illinois Vehicle Code, a violation of Section 11-401 of the | 14 | | Illinois Vehicle Code, provided the victim was a pedestrian or | 15 | | was operating a vehicle moved solely by human power or a | 16 | | mobility device at the time of contact, and a violation of | 17 | | Section 11-204.1 of the Illinois Vehicle Code; so long as the | 18 | | offense did not occur
during a civil riot, insurrection or | 19 | | rebellion. "Crime of violence" does not
include any other | 20 | | offense or accident involving a motor vehicle except those
| 21 | | vehicle offenses specifically provided for in this paragraph. | 22 | | "Crime of
violence" does include all of the offenses | 23 | | specifically provided for in this
paragraph that occur within | 24 | | this State but are subject to federal jurisdiction
and crimes | 25 | | involving terrorism as defined in 18 U.S.C. 2331.
| 26 | | (d) "Victim" means (1) a person killed or injured in this |
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| 1 | | State as a
result of a crime of violence perpetrated or | 2 | | attempted against him or her,
(2) the
spouse or parent of a | 3 | | person killed or injured in this State as a result of a crime | 4 | | of
violence perpetrated or attempted against the person, (3) a | 5 | | person killed
or injured in this State while attempting to | 6 | | assist a person against whom a
crime of violence is being | 7 | | perpetrated or attempted, if that attempt of
assistance would | 8 | | be expected of a reasonable person under the circumstances,
(4) | 9 | | a person killed or injured in this State while assisting a law
| 10 | | enforcement official apprehend a person who has perpetrated a | 11 | | crime of
violence or prevent the perpetration of any such crime | 12 | | if that
assistance was in response to the express request of | 13 | | the law enforcement
official, (5) a person who personally
| 14 | | witnessed a violent crime, (5.05) a person who will be called | 15 | | as a witness by the prosecution to establish a necessary nexus | 16 | | between the offender and the violent crime, (5.1) solely
for | 17 | | the purpose of compensating for pecuniary loss incurred for
| 18 | | psychological treatment of a mental or emotional condition | 19 | | caused or aggravated
by the crime, any other person under the | 20 | | age of 18 who is the brother, sister,
half brother, half | 21 | | sister, child, or stepchild
of a person killed or injured in
| 22 | | this State as a
result of a crime of violence, (6) an Illinois | 23 | | resident
who is a victim of a "crime of violence" as defined in | 24 | | this Act except, if
the crime occurred outside this State, the | 25 | | resident has the same rights
under this Act as if the crime had | 26 | | occurred in this State upon a showing
that the state, |
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| 1 | | territory, country, or political subdivision of a country
in | 2 | | which the crime occurred does not have a compensation of | 3 | | victims of
crimes law for which that Illinois resident is | 4 | | eligible, (7) a deceased person whose body is dismembered or | 5 | | whose remains are desecrated as the result of a crime of | 6 | | violence, or (8) solely for the purpose of compensating for | 7 | | pecuniary loss incurred for psychological treatment of a mental | 8 | | or emotional condition caused or aggravated by the crime, any | 9 | | parent, spouse, or child under the age of 18 of a deceased | 10 | | person whose body is dismembered or whose remains are | 11 | | desecrated as the result of a crime of violence.
| 12 | | (e) "Dependent" means a relative of a deceased victim who | 13 | | was wholly or
partially dependent upon the victim's income at | 14 | | the time of his or her
death
and shall include the child of a | 15 | | victim born after his or her death.
| 16 | | (f) "Relative" means a spouse, parent, grandparent, | 17 | | stepfather, stepmother,
child, grandchild, brother, | 18 | | brother-in-law, sister, sister-in-law, half
brother, half | 19 | | sister, spouse's parent, nephew, niece, uncle or aunt.
| 20 | | (g) "Child" means an unmarried son or daughter who is under | 21 | | 18 years of
age and includes a stepchild, an adopted child or a | 22 | | child born out of wedlock.
| 23 | | (h) "Pecuniary loss" means, in the case of injury, | 24 | | appropriate medical
expenses and hospital expenses including | 25 | | expenses of medical
examinations, rehabilitation, medically | 26 | | required
nursing care expenses, appropriate
psychiatric care |
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| 1 | | or psychiatric counseling expenses, expenses for care or
| 2 | | counseling by a licensed clinical psychologist, licensed | 3 | | clinical social
worker, licensed professional counselor, or | 4 | | licensed clinical professional counselor and expenses for | 5 | | treatment by Christian Science practitioners and
nursing care | 6 | | appropriate thereto; transportation expenses to and from | 7 | | medical and counseling treatment facilities; prosthetic | 8 | | appliances, eyeglasses, and
hearing aids necessary or damaged | 9 | | as a result of the
crime; costs associated with trafficking | 10 | | tattoo removal by a person authorized or licensed to perform | 11 | | the specific removal procedure; replacement costs for clothing | 12 | | and bedding used as evidence; costs
associated with temporary | 13 | | lodging or relocation necessary as a
result of the crime, | 14 | | including, but not limited to, the first month's rent and | 15 | | security deposit of the dwelling that the claimant relocated to | 16 | | and other reasonable relocation expenses incurred as a result | 17 | | of the violent crime;
locks or windows necessary or damaged as | 18 | | a result of the crime; the purchase,
lease, or rental of | 19 | | equipment necessary to create usability of and
accessibility to | 20 | | the victim's real and personal property, or the real and
| 21 | | personal property which is used by the victim, necessary as a | 22 | | result of the
crime; the costs of appropriate crime scene | 23 | | clean-up;
replacement
services loss, to a maximum of $1,250 per | 24 | | month;
dependents replacement
services loss, to a maximum of | 25 | | $1,250 per month; loss of tuition paid to
attend grammar school | 26 | | or high school when the victim had been enrolled as a
student |
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| 1 | | prior to the injury, or college or graduate school when
the | 2 | | victim had been enrolled as a day or night student prior to
the | 3 | | injury when the victim becomes unable to continue attendance at | 4 | | school
as a result of the crime of violence perpetrated against | 5 | | him or her; loss
of
earnings, loss of future earnings because | 6 | | of disability resulting from the
injury, and, in addition, in | 7 | | the case of death, expenses for funeral, burial, and travel and | 8 | | transport for survivors
of homicide victims to secure bodies of | 9 | | deceased victims and to transport
bodies for burial all of | 10 | | which
may not exceed a maximum of $7,500 and loss of support of | 11 | | the dependents of
the victim; in the case of dismemberment or | 12 | | desecration of a body, expenses for funeral and burial, all of | 13 | | which may not exceed a maximum of $7,500.
Loss of future | 14 | | earnings shall be reduced by any income from substitute work
| 15 | | actually performed by the victim or by income he or she would | 16 | | have earned
in
available appropriate substitute work he or she | 17 | | was capable of performing
but
unreasonably failed to undertake. | 18 | | Loss of earnings, loss of future
earnings and loss of support | 19 | | shall be determined on the basis of the
victim's average net | 20 | | monthly earnings for the 6 months immediately
preceding the | 21 | | date of the injury or on $1,250 per month, whichever is less | 22 | | or, in cases where the absences commenced more than 3 years | 23 | | from the date of the crime, on the basis of the net monthly | 24 | | earnings for the 6 months immediately preceding the date of the | 25 | | first absence, not to exceed $1,250 per month.
If a divorced or | 26 | | legally separated applicant is claiming loss of support
for a |
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| 1 | | minor child of the deceased, the amount of support for each | 2 | | child
shall be based either on the amount of support
pursuant | 3 | | to the judgment prior to the date of the deceased
victim's | 4 | | injury or death, or, if the subject of pending litigation filed | 5 | | by
or on behalf of the divorced or legally separated applicant | 6 | | prior to the
injury or death, on the result of that litigation. | 7 | | Real and personal
property includes, but is not limited to, | 8 | | vehicles, houses, apartments,
town houses, or condominiums. | 9 | | Pecuniary loss does not
include pain and suffering or property | 10 | | loss or damage.
| 11 | | (i) "Replacement services loss" means expenses reasonably | 12 | | incurred in
obtaining ordinary and necessary services in lieu | 13 | | of those the
injured person would have performed, not for | 14 | | income, but for the benefit
of himself or herself or his or her | 15 | | family, if he or she had not
been injured.
| 16 | | (j) "Dependents replacement services loss" means loss | 17 | | reasonably incurred
by dependents or private legal guardians of | 18 | | minor dependents after a victim's death in obtaining ordinary | 19 | | and necessary
services in lieu of those the victim would have | 20 | | performed, not for income,
but for their benefit, if he or she | 21 | | had not been fatally injured.
| 22 | | (k) "Survivor" means immediate family including a parent, | 23 | | step-father,
step-mother, child,
brother, sister, or spouse.
| 24 | | (l) "Parent" means a natural parent, adopted parent, | 25 | | step-parent, or permanent legal guardian of another person. | 26 | | (m) "Trafficking tattoo" is a tattoo which is applied to a |
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| 1 | | victim in connection with the commission of a violation of | 2 | | Section 10-9 of the Criminal Code of 2012. | 3 | | (Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13; | 4 | | 97-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)
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