Full Text of HB1100 102nd General Assembly
HB1100ham002 102ND GENERAL ASSEMBLY | Rep. Eva Dina Delgado Filed: 4/5/2022
| | 10200HB1100ham002 | | LRB102 03114 RLC 38706 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1100
| 2 | | AMENDMENT NO. ______. Amend House Bill 1100 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the | 5 | | Intergovernmental Vehicular Hijacking Enforcement Act. | 6 | | Section 5. The Illinois Criminal Justice Information Act | 7 | | is amended by adding Section 7.10 as follows: | 8 | | (20 ILCS 3930/7.10 new) | 9 | | Sec. 7.10. Grants to prevent predatory vehicular | 10 | | hijacking. Subject to appropriation, the Authority shall | 11 | | establish a program by which grants are administered for the | 12 | | purpose of preventing predatory vehicular hijacking. The | 13 | | Authority shall determine eligible recipients for the grants. | 14 | | Grants shall be made of money appropriated from the General | 15 | | Revenue Fund to eligible recipients to provide street-level |
| | | 10200HB1100ham002 | - 2 - | LRB102 03114 RLC 38706 a |
|
| 1 | | intervention services for at-risk youth in danger of being | 2 | | recruited for the purpose of predatory vehicular hijacking. | 3 | | Funding appropriated for this program may be used for | 4 | | administrative costs. The Authority shall adopt rules to | 5 | | determine eligibility standards for grants under this Section. | 6 | | Section 10. The Illinois Motor Vehicle Theft Prevention | 7 | | and Insurance Verification Act is amended by changing Sections | 8 | | 1, 2, 3, 4, 7, 8, and 8.5 as follows:
| 9 | | (20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)
| 10 | | (Section scheduled to be repealed on January 1, 2025)
| 11 | | Sec. 1.
This Act shall be known as the Illinois Vehicle | 12 | | Hijacking and Motor Vehicle Theft Prevention and Insurance | 13 | | Verification Act.
| 14 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 15 | | (20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
| 16 | | (Section scheduled to be repealed on January 1, 2025)
| 17 | | Sec. 2.
The purpose of this Act is to prevent, combat and | 18 | | reduce vehicle hijacking and related violent crime as well as
| 19 | | motor vehicle theft in Illinois; to improve and support | 20 | | vehicle hijacking and motor vehicle theft
law enforcement, | 21 | | prosecution and administration of vehicle hijacking and motor | 22 | | vehicle
theft and insurance verification laws by establishing | 23 | | statewide planning capabilities for and
coordination of |
| | | 10200HB1100ham002 | - 3 - | LRB102 03114 RLC 38706 a |
|
| 1 | | financial resources.
| 2 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 3 | | (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
| 4 | | (Section scheduled to be repealed on January 1, 2025)
| 5 | | Sec. 3.
As used in this Act:
| 6 | | (a) (Blank).
| 7 | | (b) "Council" means the Illinois Vehicle Hijacking and | 8 | | Motor Vehicle Theft Prevention and Insurance Verification
| 9 | | Council.
| 10 | | (b-2) "Director" means the Director of the Secretary of | 11 | | State Department of Police. | 12 | | (b-5) "Police" means the Secretary of State Department of | 13 | | Police. | 14 | | (b-7) "Secretary" means the Secretary of State. | 15 | | (c) "Trust Fund" means the Vehicle Hijacking and Motor | 16 | | Vehicle Theft Prevention and Insurance Verification Trust | 17 | | Fund.
| 18 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 19 | | (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
| 20 | | (Section scheduled to be repealed on January 1, 2025)
| 21 | | Sec. 4.
There is hereby created an Illinois Vehicle | 22 | | Hijacking and Motor
Vehicle Theft Prevention and Insurance | 23 | | Verification Council, which shall exercise its powers, duties | 24 | | and
responsibilities. There shall be 11 members of
the Council |
| | | 10200HB1100ham002 | - 4 - | LRB102 03114 RLC 38706 a |
|
| 1 | | consisting of the Secretary of State or his designee, the | 2 | | Director
of the Illinois State Police, the State's Attorney of | 3 | | Cook County, the
Superintendent of the Chicago Police | 4 | | Department, and the following 7 additional
members, each of | 5 | | whom shall be appointed by the Secretary of State: a state's | 6 | | attorney
of a county other than Cook, a chief executive law | 7 | | enforcement official from
a jurisdiction other than the City | 8 | | of Chicago, 5 representatives of insurers
authorized to write | 9 | | motor vehicle insurance in this State, all of whom shall
be | 10 | | domiciled in this State.
| 11 | | The Director shall be the Chairman of the
Council. All | 12 | | members of the Council appointed by the Secretary
shall serve | 13 | | at the discretion of the Secretary for a term not to
exceed 4 | 14 | | years. The Council shall meet at least quarterly.
| 15 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 16 | | (20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
| 17 | | (Section scheduled to be repealed on January 1, 2025)
| 18 | | Sec. 7.
The Council shall have the following powers, | 19 | | duties and
responsibilities:
| 20 | | (a) To apply for, solicit, receive, establish | 21 | | priorities for, allocate,
disburse, contract for, and | 22 | | spend funds that are made available to the
Council from | 23 | | any source to effectuate the purposes of this Act.
| 24 | | (b) To make grants and to provide financial support | 25 | | for federal and
State agencies, units of local government, |
| | | 10200HB1100ham002 | - 5 - | LRB102 03114 RLC 38706 a |
|
| 1 | | corporations, and neighborhood,
community and business | 2 | | organizations to effectuate the purposes of this Act, to | 3 | | deter , and investigate , and prosecute recyclable metal | 4 | | theft, and for to law enforcement agencies to assist in | 5 | | the identification, apprehension, and prosecution of | 6 | | vehicle hijackers and the recovery of stolen motor | 7 | | vehicles recyclable metal theft .
| 8 | | (c) To assess the scope of the problem of vehicle | 9 | | hijacking and motor vehicle theft, including
particular | 10 | | areas of the State where the problem is greatest and to | 11 | | conduct
impact analyses of State and local criminal | 12 | | justice policies, programs,
plans and methods for | 13 | | combating the problem.
| 14 | | (d) To develop and sponsor the implementation of | 15 | | statewide plans and
strategies to combat vehicle hijacking | 16 | | and motor vehicle theft and to improve the administration
| 17 | | of vehicle hijacking and the motor vehicle theft laws and | 18 | | provide an effective forum for
identification of critical | 19 | | problems associated with vehicle hijacking and motor | 20 | | vehicle theft.
| 21 | | (e) To coordinate the development, adoption and | 22 | | implementation of plans
and strategies relating to | 23 | | interagency or intergovernmental cooperation
with respect | 24 | | to vehicle hijacking and motor vehicle theft law | 25 | | enforcement.
| 26 | | (f) To adopt rules or regulations necessary to ensure |
| | | 10200HB1100ham002 | - 6 - | LRB102 03114 RLC 38706 a |
|
| 1 | | that
appropriate agencies, units of government, private | 2 | | organizations and
combinations thereof are included in the | 3 | | development and implementation of
strategies or plans | 4 | | adopted pursuant to this Act and to adopt
rules or | 5 | | regulations as may otherwise be necessary to effectuate | 6 | | the
purposes of this Act.
| 7 | | (g) To report annually, on or before January 1, 2019 | 8 | | to the Governor,
General Assembly, and, upon request, to | 9 | | members of the general public on
the Council's activities | 10 | | in the preceding year.
| 11 | | (h) To exercise any other powers that are reasonable, | 12 | | necessary or
convenient to fulfill its responsibilities, | 13 | | to carry out and to effectuate
the objectives and purposes | 14 | | of the Council and the provisions of this
Act, and to | 15 | | comply with the requirements of applicable federal or | 16 | | State
laws, rules, or regulations; provided, however, that | 17 | | these powers shall not include
the power to subpoena or | 18 | | arrest. | 19 | | (i) To provide funding to the Secretary for the | 20 | | creation, implementation, and maintenance of an electronic | 21 | | motor vehicle liability insurance policy verification | 22 | | program.
| 23 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 24 | | (20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
| 25 | | (Section scheduled to be repealed on January 1, 2025)
|
| | | 10200HB1100ham002 | - 7 - | LRB102 03114 RLC 38706 a |
|
| 1 | | Sec. 8.
(a) A special fund is created in the State Treasury | 2 | | known as
the Vehicle Hijacking and Motor Vehicle Theft | 3 | | Prevention and Insurance Verification Trust Fund, which shall | 4 | | be administered
by the Secretary at the direction of the | 5 | | Council.
All interest earned from the investment or deposit of | 6 | | monies accumulated
in the Trust Fund shall, pursuant to | 7 | | Section 4.1 of the State Finance Act,
be deposited in the Trust | 8 | | Fund.
| 9 | | (b) Money deposited in this Trust Fund shall not be | 10 | | considered general
revenue of the State of Illinois.
| 11 | | (c) Money deposited in the Trust Fund shall be used only to | 12 | | enhance efforts
to effectuate the purposes of this Act as | 13 | | determined by the Council and shall
not be appropriated, | 14 | | loaned or in any manner transferred to the General Revenue
| 15 | | Fund of the State of Illinois.
| 16 | | (d) Prior to April 1, 1991, and prior to April 1 of each | 17 | | year thereafter,
each insurer engaged in writing private | 18 | | passenger motor vehicle insurance
coverages which are included | 19 | | in Class 2 and Class 3 of Section 4 of the
Illinois Insurance | 20 | | Code, as a condition of its authority to transact business
in | 21 | | this State, may collect and shall pay into the Trust Fund an | 22 | | amount
equal to $1.00, or a
lesser amount determined by the | 23 | | Council, multiplied by the insurer's total
earned car years of | 24 | | private passenger motor vehicle insurance policies
providing | 25 | | physical damage insurance coverage written in this State | 26 | | during the
preceding calendar year.
|
| | | 10200HB1100ham002 | - 8 - | LRB102 03114 RLC 38706 a |
|
| 1 | | (e) Money in the Trust Fund shall be expended as follows:
| 2 | | (1) To pay the Secretary's costs to administer the | 3 | | Council and the
Trust Fund, but for this purpose in an | 4 | | amount not to exceed 10% in
any one fiscal year of the | 5 | | amount collected pursuant to paragraph (d) of this
Section | 6 | | in that same fiscal year.
| 7 | | (2) To achieve the purposes and objectives of this | 8 | | Act, which may
include, but not be limited to, the | 9 | | following:
| 10 | | (A) To provide financial support to law | 11 | | enforcement and correctional
agencies, prosecutors, | 12 | | and the judiciary for programs designed to reduce | 13 | | vehicle hijacking and
motor vehicle theft and to | 14 | | improve the administration of motor vehicle
theft | 15 | | laws.
| 16 | | (B) To provide financial support for federal and | 17 | | State agencies,
units of local government, | 18 | | corporations and neighborhood, community or
business | 19 | | organizations for programs designed to reduce motor | 20 | | vehicle theft
and to improve the administration of | 21 | | vehicle hijacking and motor vehicle theft laws.
| 22 | | (C) To provide financial support to conduct | 23 | | programs
designed to inform owners of motor vehicles | 24 | | about the financial and social
costs of vehicle | 25 | | hijacking, interstate shootings, and motor vehicle | 26 | | theft and to suggest to those owners methods for
|
| | | 10200HB1100ham002 | - 9 - | LRB102 03114 RLC 38706 a |
|
| 1 | | preventing motor vehicle theft.
| 2 | | (D) To provide financial support for plans, | 3 | | programs and projects
designed to achieve the purposes | 4 | | of this Act.
| 5 | | (3) To provide funding to the Secretary's Vehicle | 6 | | Services Department for the creation, implementation, and | 7 | | maintenance of an electronic motor vehicle liability | 8 | | insurance policy verification program by allocating no | 9 | | more than 75% of each dollar collected for the first | 10 | | calendar year after the effective date of this amendatory | 11 | | Act of the 100th General Assembly and no more than 50% of | 12 | | each dollar collected for every other year after the first | 13 | | calendar year. The Secretary shall distribute the funds to | 14 | | the Vehicle Services Department at the beginning of each | 15 | | calendar year. | 16 | | (f) Insurers contributing to the Trust Fund shall have a | 17 | | property interest
in the unexpended money in the Trust Fund, | 18 | | which property interest shall not be
retroactively changed or | 19 | | extinguished by the General Assembly.
| 20 | | (g) In the event the Trust Fund were to be discontinued or | 21 | | the Council were
to be dissolved by act of the General Assembly | 22 | | or by operation of law, then,
notwithstanding the provisions | 23 | | of Section 5 of the State Finance Act, any
balance remaining | 24 | | therein shall be returned to the insurers writing private
| 25 | | passenger motor vehicle insurance in proportion to their | 26 | | financial
contributions to the Trust Fund and any assets of |
| | | 10200HB1100ham002 | - 10 - | LRB102 03114 RLC 38706 a |
|
| 1 | | the Council shall be
liquidated and returned in the same | 2 | | manner after deduction of administrative
costs.
| 3 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 4 | | (20 ILCS 4005/8.5) | 5 | | (Section scheduled to be repealed on January 1, 2025) | 6 | | Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle | 7 | | Theft Prevention Trust Fund. The State Police Vehicle | 8 | | Hijacking and Motor Vehicle Theft Prevention Trust Fund is | 9 | | created as a trust fund in the State treasury. The State | 10 | | Treasurer shall be the custodian of the Trust Fund. The Trust | 11 | | Fund is established to receive funds from the Illinois Vehicle | 12 | | Hijacking and Motor Vehicle Theft Prevention and Insurance | 13 | | Verification Council. All interest earned from the investment | 14 | | or deposit of moneys accumulated in the Trust Fund shall be | 15 | | deposited into the Trust Fund. Moneys in the Trust Fund shall | 16 | | be used by the Illinois State Police for motor vehicle theft | 17 | | prevention purposes.
| 18 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 19 | | (20 ILCS 4005/12 rep.)
| 20 | | Section 15. The Illinois Motor Vehicle Theft Prevention | 21 | | and Insurance Verification Act is amended by repealing Section | 22 | | 12. | 23 | | Section 20. The State Finance Act is amended by changing |
| | | 10200HB1100ham002 | - 11 - | LRB102 03114 RLC 38706 a |
|
| 1 | | Sections 5, 5.295, 6z-125, and 6z-126 as follows:
| 2 | | (30 ILCS 105/5) (from Ch. 127, par. 141)
| 3 | | Sec. 5. Special funds.
| 4 | | (a) There are special funds in the State Treasury | 5 | | designated as
specified in the Sections which succeed this | 6 | | Section 5 and precede Section 6.
| 7 | | (b) Except as provided in the Illinois Vehicle Hijacking | 8 | | and Motor Vehicle Theft Prevention and Insurance Verification
| 9 | | Act, when any special fund in the State Treasury is | 10 | | discontinued by an Act
of the General Assembly, any balance | 11 | | remaining therein on the effective
date of such Act shall be | 12 | | transferred to the General Revenue Fund, or to
such other fund | 13 | | as such Act shall provide. Warrants outstanding against
such | 14 | | discontinued fund at the time of the transfer of any such | 15 | | balance
therein shall be paid out of the fund to which the | 16 | | transfer was made.
| 17 | | (c) When any special fund in the State Treasury has been | 18 | | inactive
for 18 months or longer, the fund is automatically | 19 | | terminated by operation
of law and the balance remaining in | 20 | | such fund shall be transferred by the
Comptroller to the | 21 | | General Revenue Fund. When a special fund has been
terminated | 22 | | by operation of law as provided in this Section, the General
| 23 | | Assembly shall repeal or amend all Sections of the statutes | 24 | | creating or
otherwise referring to that fund.
| 25 | | The Comptroller shall be allowed the discretion to |
| | | 10200HB1100ham002 | - 12 - | LRB102 03114 RLC 38706 a |
|
| 1 | | maintain or dissolve
any federal trust fund which has been | 2 | | inactive for 18 months or longer.
| 3 | | (d) (Blank).
| 4 | | (e) (Blank).
| 5 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 6 | | (30 ILCS 105/5.295) (from Ch. 127, par. 141.295)
| 7 | | Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft | 8 | | Prevention and Insurance Verification Trust Fund. | 9 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 10 | | (30 ILCS 105/6z-125) | 11 | | Sec. 6z-125. State Police Training and Academy Fund. The | 12 | | State Police Training and Academy Fund is hereby created as a | 13 | | special fund in the State treasury. Moneys in the Fund shall | 14 | | consist of: (i) 10% of the revenue from increasing the | 15 | | insurance producer license fees, as provided under subsection | 16 | | (a-5) of Section 500-135 of the Illinois Insurance Code; and | 17 | | (ii) 10% of the moneys collected from auto insurance policy | 18 | | fees under Section 8.6 of the Illinois Vehicle Hijacking and | 19 | | Motor Vehicle Theft Prevention and Insurance Verification Act. | 20 | | This Fund shall be used by the Illinois State Police to fund | 21 | | training and other State Police institutions, including, but | 22 | | not limited to, forensic laboratories.
| 23 | | (Source: P.A. 102-16, eff. 6-17-21.) |
| | | 10200HB1100ham002 | - 13 - | LRB102 03114 RLC 38706 a |
|
| 1 | | (30 ILCS 105/6z-126) | 2 | | Sec. 6z-126. Law Enforcement Training Fund. The Law | 3 | | Enforcement Training Fund is hereby created as a special fund | 4 | | in the State treasury. Moneys in the Fund shall consist of: (i) | 5 | | 90% of the revenue from increasing the insurance producer | 6 | | license fees, as provided under subsection (a-5) of Section | 7 | | 500-135 of the Illinois Insurance Code; and (ii) 90% of the | 8 | | moneys collected from auto insurance policy fees under Section | 9 | | 8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft | 10 | | Prevention and Insurance Verification Act. This Fund shall be | 11 | | used by the Illinois Law Enforcement Training and Standards | 12 | | Board to fund law enforcement certification compliance and the | 13 | | development and provision of basic courses by Board-approved | 14 | | academics, and in-service courses by approved academies.
| 15 | | (Source: P.A. 102-16, eff. 6-17-21.) | 16 | | Section 25. The Illinois Vehicle Code is amended by | 17 | | changing Section 4-109 as follows:
| 18 | | (625 ILCS 5/4-109)
| 19 | | Sec. 4-109. Motor Vehicle Theft Prevention Program. The | 20 | | Secretary of
State, in conjunction with the Motor Vehicle | 21 | | Theft Prevention and Insurance Verification Council, is
hereby | 22 | | authorized to establish and operate a Motor Vehicle Theft | 23 | | Prevention
Program as follows:
| 24 | | (a) Voluntary program participation.
|
| | | 10200HB1100ham002 | - 14 - | LRB102 03114 RLC 38706 a |
|
| 1 | | (b) The registered owner of a motor vehicle interested in | 2 | | participating in
the program shall sign an informed consent | 3 | | agreement designed by the Secretary
of State under subsection | 4 | | (e) of this Section indicating that the motor vehicle
| 5 | | registered to him is not normally operated between the hours | 6 | | of 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be | 7 | | submitted to the Secretary of
State for processing.
| 8 | | (c) Upon processing the form, the Secretary of State shall | 9 | | issue to the
registered owner a decal. The registered owner | 10 | | shall affix the decal in a
conspicuous place on his motor | 11 | | vehicle as prescribed by the Secretary of State.
| 12 | | (d) Whenever any law enforcement officer shall see a motor | 13 | | vehicle
displaying a decal issued under the provisions of | 14 | | subsection (c) of this
Section being operated upon the public | 15 | | highways of this State between the
hours of 1:00 a.m. and 5:00 | 16 | | a.m., the officer is authorized to stop that
motor vehicle and | 17 | | to request the driver to produce a valid driver's license
and | 18 | | motor vehicle registration card if required to be carried in | 19 | | the
vehicle. Whenever the operator of a motor
vehicle | 20 | | displaying a decal is unable to produce the documentation set | 21 | | forth
in this Section, the police officer shall investigate | 22 | | further to determine
if the person operating the motor vehicle | 23 | | is the registered owner or has
the authorization of the owner | 24 | | to operate the vehicle.
| 25 | | (e) The Secretary of State, in consultation with the | 26 | | Director of the Illinois State Police and Motor Vehicle Theft |
| | | 10200HB1100ham002 | - 15 - | LRB102 03114 RLC 38706 a |
|
| 1 | | Prevention and Insurance Verification Council,
shall design | 2 | | the manner and form of the informed consent agreement required
| 3 | | under subsection (b) of this Section and the decal required | 4 | | under subsection
(c) of this Section.
| 5 | | (f) The Secretary of State shall provide for the recording | 6 | | of
registered owners of motor vehicles who participate in the | 7 | | program. The
records shall be available to all law enforcement | 8 | | departments, agencies,
and forces. The Secretary of State | 9 | | shall cooperate with and assist all law
enforcement officers | 10 | | and other agencies in tracing or examining any
questionable | 11 | | motor vehicles in order to determine the ownership of the | 12 | | motor
vehicles.
| 13 | | (g) A fee not to exceed $10 may be charged for the informed | 14 | | consent form
and decal provided under this Section. The fee, | 15 | | if any, shall be set by the
Motor Vehicle Theft Prevention and | 16 | | Insurance Verification Council and shall be collected by the | 17 | | Secretary
of State and deposited into the Vehicle Hijacking | 18 | | and Motor Vehicle Theft Prevention and Insurance Verification | 19 | | Trust Fund.
| 20 | | (h) The Secretary of State, in consultation with the | 21 | | Director of the Illinois State Police and the Motor Vehicle | 22 | | Theft Prevention and Insurance Verification Council
shall | 23 | | promulgate rules and regulations to effectuate the purposes of | 24 | | this
Section.
| 25 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| | | 10200HB1100ham002 | - 16 - | LRB102 03114 RLC 38706 a |
|
| 1 | | Section 30. The Criminal Code of 2012 is amended by adding | 2 | | Section 12C-36 as follows: | 3 | | (720 ILCS 5/12C-36 new) | 4 | | Sec. 12C-36. Predatory vehicular hijacking. | 5 | | (a) A person commits predatory vehicular hijacking when | 6 | | that person is 18 years of age or over and he or she knowingly | 7 | | commands or coerces a minor under 18 years of age to commit a | 8 | | violation of Section 18-3. | 9 | | (b) Sentence. Predatory vehicular hijacking is a Class 1 | 10 | | felony. | 11 | | (c) This Section is repealed on January 1, 2026. | 12 | | Section 35. The Crime Victims Compensation Act is amended | 13 | | by changing Section 2 as follows:
| 14 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
| 15 | | Sec. 2. Definitions. As used in this Act, unless the | 16 | | context
otherwise requires:
| 17 | | (a) "Applicant" means any person who applies for | 18 | | compensation under this
Act or any person the Court of Claims | 19 | | or the Attorney General finds is entitled to compensation,
| 20 | | including the guardian of a minor or of a person under legal | 21 | | disability. It
includes any person who was a dependent of a | 22 | | deceased victim of a crime of
violence for his or her support | 23 | | at the time of the death of that victim.
|
| | | 10200HB1100ham002 | - 17 - | LRB102 03114 RLC 38706 a |
|
| 1 | | The changes made to this subsection by this amendatory Act | 2 | | of the 101st General Assembly apply to actions commenced or | 3 | | pending on or after January 1, 2022. | 4 | | (b) "Court of Claims" means the Court of Claims created by | 5 | | the Court
of Claims Act.
| 6 | | (c) "Crime of violence" means and includes any offense | 7 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | 8 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 9 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | 10 | | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | 11 | | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | 12 | | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | 13 | | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | 14 | | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | 15 | | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | 16 | | the Cemetery Protection Act, Section 125 of the Stalking No | 17 | | Contact Order Act, Section 219 of the Civil No Contact Order | 18 | | Act, driving under
the influence as defined in Section
11-501 | 19 | | of the Illinois Vehicle Code, a violation of Section 11-401 of | 20 | | the Illinois Vehicle Code, provided the victim was a | 21 | | pedestrian or was operating a vehicle moved solely by human | 22 | | power or a mobility device at the time of contact, and a | 23 | | violation of Section 11-204.1 of the Illinois Vehicle Code; so | 24 | | long as the offense did not occur
during a civil riot, | 25 | | insurrection or rebellion. "Crime of violence" does not
| 26 | | include any other offense or accident involving a motor |
| | | 10200HB1100ham002 | - 18 - | LRB102 03114 RLC 38706 a |
|
| 1 | | vehicle except those
vehicle offenses specifically provided | 2 | | for in this paragraph. "Crime of
violence" does include all of | 3 | | the offenses specifically provided for in this
paragraph that | 4 | | occur within this State but are subject to federal | 5 | | jurisdiction
and crimes involving terrorism as defined in 18 | 6 | | U.S.C. 2331.
| 7 | | (d) "Victim" means (1) a person killed or injured in this | 8 | | State as a
result of a crime of violence perpetrated or | 9 | | attempted against him or her,
(2) the
spouse, parent, or child | 10 | | of a person killed or injured in this State as a result of a | 11 | | crime of
violence perpetrated or attempted against the person, | 12 | | or anyone living in the household of a person killed or injured | 13 | | in a relationship that is substantially similar to that of a | 14 | | parent, spouse, or child, (3) a person killed
or injured in | 15 | | this State while attempting to assist a person against whom a
| 16 | | crime of violence is being perpetrated or attempted, if that | 17 | | attempt of
assistance would be expected of a reasonable person | 18 | | under the circumstances,
(4) a person killed or injured in | 19 | | this State while assisting a law
enforcement official | 20 | | apprehend a person who has perpetrated a crime of
violence or | 21 | | prevent the perpetration of any such crime if that
assistance | 22 | | was in response to the express request of the law enforcement
| 23 | | official, (5) a person who personally
witnessed a violent | 24 | | crime, (5.05) a person who will be called as a witness by the | 25 | | prosecution to establish a necessary nexus between the | 26 | | offender and the violent crime, (5.1) solely
for the purpose |
| | | 10200HB1100ham002 | - 19 - | LRB102 03114 RLC 38706 a |
|
| 1 | | of compensating for pecuniary loss incurred for
psychological | 2 | | treatment of a mental or emotional condition caused or | 3 | | aggravated
by the crime, any other person under the age of 18 | 4 | | who is the brother, sister,
half brother, or half sister
of a | 5 | | person killed or injured in
this State as a
result of a crime | 6 | | of violence, (6) an Illinois resident
who is a victim of a | 7 | | "crime of violence" as defined in this Act except, if
the crime | 8 | | occurred outside this State, the resident has the same rights
| 9 | | under this Act as if the crime had occurred in this State upon | 10 | | a showing
that the state, territory, country, or political | 11 | | subdivision of a country
in which the crime occurred does not | 12 | | have a compensation of victims of
crimes law for which that | 13 | | Illinois resident is eligible, (7) a deceased person whose | 14 | | body is dismembered or whose remains are desecrated as the | 15 | | result of a crime of violence, or (8) solely for the purpose of | 16 | | compensating for pecuniary loss incurred for psychological | 17 | | treatment of a mental or emotional condition caused or | 18 | | aggravated by the crime, any parent, spouse, or child under | 19 | | the age of 18 of a deceased person whose body is dismembered or | 20 | | whose remains are desecrated as the result of a crime of | 21 | | violence.
| 22 | | (e) "Dependent" means a relative of a deceased victim who | 23 | | was wholly or
partially dependent upon the victim's income at | 24 | | the time of his or her
death
and shall include the child of a | 25 | | victim born after his or her death.
| 26 | | (f) "Relative" means a spouse, parent, grandparent, |
| | | 10200HB1100ham002 | - 20 - | LRB102 03114 RLC 38706 a |
|
| 1 | | stepfather, stepmother,
child, grandchild, brother, | 2 | | brother-in-law, sister, sister-in-law, half
brother, half | 3 | | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | 4 | | living in the household of a person killed or injured in a | 5 | | relationship that is substantially similar to that of a | 6 | | parent, spouse, or child.
| 7 | | (g) "Child" means a son or daughter and includes a | 8 | | stepchild, an adopted child or a child born out of wedlock.
| 9 | | (h) "Pecuniary loss" means, in the case of injury, | 10 | | appropriate medical
expenses and hospital expenses including | 11 | | expenses of medical
examinations, rehabilitation, medically | 12 | | required
nursing care expenses, appropriate
psychiatric care | 13 | | or psychiatric counseling expenses, appropriate expenses for | 14 | | care or
counseling by a licensed clinical psychologist, | 15 | | licensed clinical social
worker, licensed professional | 16 | | counselor, or licensed clinical professional counselor and | 17 | | expenses for treatment by Christian Science practitioners and
| 18 | | nursing care appropriate thereto; transportation expenses to | 19 | | and from medical and counseling treatment facilities; | 20 | | prosthetic appliances, eyeglasses, and
hearing aids necessary | 21 | | or damaged as a result of the
crime; expenses incurred for the | 22 | | towing of a victim's vehicle in connection with a crime of | 23 | | violence; costs associated with trafficking tattoo removal by | 24 | | a person authorized or licensed to perform the specific | 25 | | removal procedure; replacement costs for clothing and bedding | 26 | | used as evidence; costs
associated with temporary lodging or |
| | | 10200HB1100ham002 | - 21 - | LRB102 03114 RLC 38706 a |
|
| 1 | | relocation necessary as a
result of the crime, including, but | 2 | | not limited to, the first month's rent and security deposit of | 3 | | the dwelling that the claimant relocated to and other | 4 | | reasonable relocation expenses incurred as a result of the | 5 | | violent crime;
locks or windows necessary or damaged as a | 6 | | result of the crime; the purchase,
lease, or rental of | 7 | | equipment necessary to create usability of and
accessibility | 8 | | to the victim's real and personal property, or the real and
| 9 | | personal property which is used by the victim, necessary as a | 10 | | result of the
crime; the costs of appropriate crime scene | 11 | | clean-up;
replacement
services loss, to a maximum of $1,250 | 12 | | per month;
dependents replacement
services loss, to a maximum | 13 | | of $1,250 per month; loss of tuition paid to
attend grammar | 14 | | school or high school when the victim had been enrolled as a
| 15 | | student prior to the injury, or college or graduate school | 16 | | when
the victim had been enrolled as a day or night student | 17 | | prior to
the injury when the victim becomes unable to continue | 18 | | attendance at school
as a result of the crime of violence | 19 | | perpetrated against him or her; loss
of
earnings, loss of | 20 | | future earnings because of disability resulting from the
| 21 | | injury, and, in addition, in the case of death, expenses for | 22 | | funeral, burial, and travel and transport for survivors
of | 23 | | homicide victims to secure bodies of deceased victims and to | 24 | | transport
bodies for burial all of which
may be awarded up to a | 25 | | maximum of $10,000 and loss of support of the dependents of
the | 26 | | victim; in the case of dismemberment or desecration of a body, |
| | | 10200HB1100ham002 | - 22 - | LRB102 03114 RLC 38706 a |
|
| 1 | | expenses for funeral and burial, all of which may be awarded up | 2 | | to a maximum of $10,000.
Loss of future earnings shall be | 3 | | reduced by any income from substitute work
actually performed | 4 | | by the victim or by income he or she would have earned
in
| 5 | | available appropriate substitute work he or she was capable of | 6 | | performing
but
unreasonably failed to undertake. Loss of | 7 | | earnings, loss of future
earnings and loss of support shall be | 8 | | determined on the basis of the
victim's average net monthly | 9 | | earnings for the 6 months immediately
preceding the date of | 10 | | the injury or on $2,400 per month, whichever is less or, in | 11 | | cases where the absences commenced more than 3 years from the | 12 | | date of the crime, on the basis of the net monthly earnings for | 13 | | the 6 months immediately preceding the date of the first | 14 | | absence, not to exceed $2,400 per month.
If a divorced or | 15 | | legally separated applicant is claiming loss of support
for a | 16 | | minor child of the deceased, the amount of support for each | 17 | | child
shall be based either on the amount of support
pursuant | 18 | | to the judgment prior to the date of the deceased
victim's | 19 | | injury or death, or, if the subject of pending litigation | 20 | | filed by
or on behalf of the divorced or legally separated | 21 | | applicant prior to the
injury or death, on the result of that | 22 | | litigation. Real and personal
property includes, but is not | 23 | | limited to, vehicles, houses, apartments,
town houses, or | 24 | | condominiums. Pecuniary loss does not
include pain and | 25 | | suffering or property loss or damage.
| 26 | | The changes made to this subsection by this amendatory Act |
| | | 10200HB1100ham002 | - 23 - | LRB102 03114 RLC 38706 a |
|
| 1 | | of the 101st General Assembly apply to actions commenced or | 2 | | pending on or after January 1, 2022. | 3 | | (i) "Replacement services loss" means expenses reasonably | 4 | | incurred in
obtaining ordinary and necessary services in lieu | 5 | | of those the
injured person would have performed, not for | 6 | | income, but for the benefit
of himself or herself or his or her | 7 | | family, if he or she had not
been injured.
| 8 | | (j) "Dependents replacement services loss" means loss | 9 | | reasonably incurred
by dependents or private legal guardians | 10 | | of minor dependents after a victim's death in obtaining | 11 | | ordinary and necessary
services in lieu of those the victim | 12 | | would have performed, not for income,
but for their benefit, | 13 | | if he or she had not been fatally injured.
| 14 | | (k) "Survivor" means immediate family including a parent, | 15 | | stepfather, stepmother, child,
brother, sister, or spouse.
| 16 | | (l) "Parent" means a natural parent, adopted parent, | 17 | | stepparent, or permanent legal guardian of another person. | 18 | | (m) "Trafficking tattoo" is a tattoo which is applied to a | 19 | | victim in connection with the commission of a violation of | 20 | | Section 10-9 of the Criminal Code of 2012. | 21 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | 22 | | 102-27, eff. 6-25-21.)".
|
|