Full Text of HB1100 102nd General Assembly
HB1100eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 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 | 16 | | intervention services for at-risk youth in danger of being | 17 | | recruited for the purpose of predatory vehicular hijacking. | 18 | | Funding appropriated for this program may be used for | 19 | | administrative costs. The Authority shall adopt rules to | 20 | | determine eligibility standards for grants under this Section. | 21 | | Section 10. The Illinois Motor Vehicle Theft Prevention |
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| 1 | | and Insurance Verification Act is amended by changing Sections | 2 | | 1, 2, 3, 4, 7, 8, and 8.5 as follows:
| 3 | | (20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)
| 4 | | (Section scheduled to be repealed on January 1, 2025)
| 5 | | Sec. 1.
This Act shall be known as the Illinois Vehicle | 6 | | Hijacking and Motor Vehicle Theft Prevention and Insurance | 7 | | Verification Act.
| 8 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 9 | | (20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
| 10 | | (Section scheduled to be repealed on January 1, 2025)
| 11 | | Sec. 2.
The purpose of this Act is to prevent, combat and | 12 | | reduce vehicle hijacking and related violent crime as well as
| 13 | | motor vehicle theft in Illinois; to improve and support | 14 | | vehicle hijacking and motor vehicle theft
law enforcement, | 15 | | prosecution and administration of vehicle hijacking and motor | 16 | | vehicle
theft and insurance verification laws by establishing | 17 | | statewide planning capabilities for and
coordination of | 18 | | financial resources.
| 19 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 20 | | (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
| 21 | | (Section scheduled to be repealed on January 1, 2025)
| 22 | | Sec. 3.
As used in this Act:
| 23 | | (a) (Blank).
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| 1 | | (b) "Council" means the Illinois Vehicle Hijacking and | 2 | | Motor Vehicle Theft Prevention and Insurance Verification
| 3 | | Council.
| 4 | | (b-2) "Director" means the Director of the Secretary of | 5 | | State Department of Police. | 6 | | (b-5) "Police" means the Secretary of State Department of | 7 | | Police. | 8 | | (b-7) "Secretary" means the Secretary of State. | 9 | | (c) "Trust Fund" means the Vehicle Hijacking and Motor | 10 | | Vehicle Theft Prevention and Insurance Verification Trust | 11 | | Fund.
| 12 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 13 | | (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
| 14 | | (Section scheduled to be repealed on January 1, 2025)
| 15 | | Sec. 4.
There is hereby created an Illinois Vehicle | 16 | | Hijacking and Motor
Vehicle Theft Prevention and Insurance | 17 | | Verification Council, which shall exercise its powers, duties | 18 | | and
responsibilities. There shall be 11 members of
the Council | 19 | | consisting of the Secretary of State or his designee, the | 20 | | Director
of the Illinois State Police, the State's Attorney of | 21 | | Cook County, the
Superintendent of the Chicago Police | 22 | | Department, and the following 7 additional
members, each of | 23 | | whom shall be appointed by the Secretary of State: a state's | 24 | | attorney
of a county other than Cook, a chief executive law | 25 | | enforcement official from
a jurisdiction other than the City |
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| 1 | | of Chicago, 5 representatives of insurers
authorized to write | 2 | | motor vehicle insurance in this State, all of whom shall
be | 3 | | domiciled in this State.
| 4 | | The Director shall be the Chairman of the
Council. All | 5 | | members of the Council appointed by the Secretary
shall serve | 6 | | at the discretion of the Secretary for a term not to
exceed 4 | 7 | | years. The Council shall meet at least quarterly.
| 8 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 9 | | (20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
| 10 | | (Section scheduled to be repealed on January 1, 2025)
| 11 | | Sec. 7.
The Council shall have the following powers, | 12 | | duties and
responsibilities:
| 13 | | (a) To apply for, solicit, receive, establish | 14 | | priorities for, allocate,
disburse, contract for, and | 15 | | spend funds that are made available to the
Council from | 16 | | any source to effectuate the purposes of this Act.
| 17 | | (b) To make grants and to provide financial support | 18 | | for federal and
State agencies, units of local government, | 19 | | corporations, and neighborhood,
community and business | 20 | | organizations to effectuate the purposes of this Act, to | 21 | | deter , and investigate , and prosecute recyclable metal | 22 | | theft, and for to law enforcement agencies to assist in | 23 | | the identification, apprehension, and prosecution of | 24 | | vehicle hijackers and the recovery of stolen motor | 25 | | vehicles recyclable metal theft .
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| 1 | | (c) To assess the scope of the problem of vehicle | 2 | | hijacking and motor vehicle theft, including
particular | 3 | | areas of the State where the problem is greatest and to | 4 | | conduct
impact analyses of State and local criminal | 5 | | justice policies, programs,
plans and methods for | 6 | | combating the problem.
| 7 | | (d) To develop and sponsor the implementation of | 8 | | statewide plans and
strategies to combat vehicle hijacking | 9 | | and motor vehicle theft and to improve the administration
| 10 | | of vehicle hijacking and the motor vehicle theft laws and | 11 | | provide an effective forum for
identification of critical | 12 | | problems associated with vehicle hijacking and motor | 13 | | vehicle theft.
| 14 | | (e) To coordinate the development, adoption and | 15 | | implementation of plans
and strategies relating to | 16 | | interagency or intergovernmental cooperation
with respect | 17 | | to vehicle hijacking and motor vehicle theft law | 18 | | enforcement.
| 19 | | (f) To adopt rules or regulations necessary to ensure | 20 | | that
appropriate agencies, units of government, private | 21 | | organizations and
combinations thereof are included in the | 22 | | development and implementation of
strategies or plans | 23 | | adopted pursuant to this Act and to adopt
rules or | 24 | | regulations as may otherwise be necessary to effectuate | 25 | | the
purposes of this Act.
| 26 | | (g) To report annually, on or before January 1, 2019 |
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| 1 | | to the Governor,
General Assembly, and, upon request, to | 2 | | members of the general public on
the Council's activities | 3 | | in the preceding year.
| 4 | | (h) To exercise any other powers that are reasonable, | 5 | | necessary or
convenient to fulfill its responsibilities, | 6 | | to carry out and to effectuate
the objectives and purposes | 7 | | of the Council and the provisions of this
Act, and to | 8 | | comply with the requirements of applicable federal or | 9 | | State
laws, rules, or regulations; provided, however, that | 10 | | these powers shall not include
the power to subpoena or | 11 | | arrest. | 12 | | (i) To provide funding to the Secretary for the | 13 | | creation, implementation, and maintenance of an electronic | 14 | | motor vehicle liability insurance policy verification | 15 | | program.
| 16 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 17 | | (20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
| 18 | | (Section scheduled to be repealed on January 1, 2025)
| 19 | | Sec. 8.
(a) A special fund is created in the State Treasury | 20 | | known as
the Vehicle Hijacking and Motor Vehicle Theft | 21 | | Prevention and Insurance Verification Trust Fund, which shall | 22 | | be administered
by the Secretary at the direction of the | 23 | | Council.
All interest earned from the investment or deposit of | 24 | | monies accumulated
in the Trust Fund shall, pursuant to | 25 | | Section 4.1 of the State Finance Act,
be deposited in the Trust |
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| 1 | | Fund.
| 2 | | (b) Money deposited in this Trust Fund shall not be | 3 | | considered general
revenue of the State of Illinois.
| 4 | | (c) Money deposited in the Trust Fund shall be used only to | 5 | | enhance efforts
to effectuate the purposes of this Act as | 6 | | determined by the Council and shall
not be appropriated, | 7 | | loaned or in any manner transferred to the General Revenue
| 8 | | Fund of the State of Illinois.
| 9 | | (d) Prior to April 1, 1991, and prior to April 1 of each | 10 | | year thereafter,
each insurer engaged in writing private | 11 | | passenger motor vehicle insurance
coverages which are included | 12 | | in Class 2 and Class 3 of Section 4 of the
Illinois Insurance | 13 | | Code, as a condition of its authority to transact business
in | 14 | | this State, may collect and shall pay into the Trust Fund an | 15 | | amount
equal to $1.00, or a
lesser amount determined by the | 16 | | Council, multiplied by the insurer's total
earned car years of | 17 | | private passenger motor vehicle insurance policies
providing | 18 | | physical damage insurance coverage written in this State | 19 | | during the
preceding calendar year.
| 20 | | (e) Money in the Trust Fund shall be expended as follows:
| 21 | | (1) To pay the Secretary's costs to administer the | 22 | | Council and the
Trust Fund, but for this purpose in an | 23 | | amount not to exceed 10% in
any one fiscal year of the | 24 | | amount collected pursuant to paragraph (d) of this
Section | 25 | | in that same fiscal year.
| 26 | | (2) To achieve the purposes and objectives of this |
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| 1 | | Act, which may
include, but not be limited to, the | 2 | | following:
| 3 | | (A) To provide financial support to law | 4 | | enforcement and correctional
agencies, prosecutors, | 5 | | and the judiciary for programs designed to reduce | 6 | | vehicle hijacking and
motor vehicle theft and to | 7 | | improve the administration of motor vehicle
theft | 8 | | laws.
| 9 | | (B) To provide financial support for federal and | 10 | | State agencies,
units of local government, | 11 | | corporations and neighborhood, community or
business | 12 | | organizations for programs designed to reduce motor | 13 | | vehicle theft
and to improve the administration of | 14 | | vehicle hijacking and motor vehicle theft laws.
| 15 | | (C) To provide financial support to conduct | 16 | | programs
designed to inform owners of motor vehicles | 17 | | about the financial and social
costs of vehicle | 18 | | hijacking, interstate shootings, and motor vehicle | 19 | | theft and to suggest to those owners methods for
| 20 | | preventing motor vehicle theft.
| 21 | | (D) To provide financial support for plans, | 22 | | programs and projects
designed to achieve the purposes | 23 | | of this Act.
| 24 | | (3) To provide funding to the Secretary's Vehicle | 25 | | Services Department for the creation, implementation, and | 26 | | maintenance of an electronic motor vehicle liability |
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| 1 | | insurance policy verification program by allocating no | 2 | | more than 75% of each dollar collected for the first | 3 | | calendar year after the effective date of this amendatory | 4 | | Act of the 100th General Assembly and no more than 50% of | 5 | | each dollar collected for every other year after the first | 6 | | calendar year. The Secretary shall distribute the funds to | 7 | | the Vehicle Services Department at the beginning of each | 8 | | calendar year. | 9 | | (f) Insurers contributing to the Trust Fund shall have a | 10 | | property interest
in the unexpended money in the Trust Fund, | 11 | | which property interest shall not be
retroactively changed or | 12 | | extinguished by the General Assembly.
| 13 | | (g) In the event the Trust Fund were to be discontinued or | 14 | | the Council were
to be dissolved by act of the General Assembly | 15 | | or by operation of law, then,
notwithstanding the provisions | 16 | | of Section 5 of the State Finance Act, any
balance remaining | 17 | | therein shall be returned to the insurers writing private
| 18 | | passenger motor vehicle insurance in proportion to their | 19 | | financial
contributions to the Trust Fund and any assets of | 20 | | the Council shall be
liquidated and returned in the same | 21 | | manner after deduction of administrative
costs.
| 22 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 23 | | (20 ILCS 4005/8.5) | 24 | | (Section scheduled to be repealed on January 1, 2025) | 25 | | Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle |
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| 1 | | Theft Prevention Trust Fund. The State Police Vehicle | 2 | | Hijacking and Motor Vehicle Theft Prevention Trust Fund is | 3 | | created as a trust fund in the State treasury. The State | 4 | | Treasurer shall be the custodian of the Trust Fund. The Trust | 5 | | Fund is established to receive funds from the Illinois Vehicle | 6 | | Hijacking and Motor Vehicle Theft Prevention and Insurance | 7 | | Verification Council. All interest earned from the investment | 8 | | or deposit of moneys accumulated in the Trust Fund shall be | 9 | | deposited into the Trust Fund. Moneys in the Trust Fund shall | 10 | | be used by the Illinois State Police for motor vehicle theft | 11 | | prevention purposes.
| 12 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 13 | | (20 ILCS 4005/12 rep.)
| 14 | | Section 15. The Illinois Motor Vehicle Theft Prevention | 15 | | and Insurance Verification Act is amended by repealing Section | 16 | | 12. | 17 | | Section 20. The State Finance Act is amended by changing | 18 | | Sections 5, 5.295, 6z-125, and 6z-126 as follows:
| 19 | | (30 ILCS 105/5) (from Ch. 127, par. 141)
| 20 | | Sec. 5. Special funds.
| 21 | | (a) There are special funds in the State Treasury | 22 | | designated as
specified in the Sections which succeed this | 23 | | Section 5 and precede Section 6.
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| 1 | | (b) Except as provided in the Illinois Vehicle Hijacking | 2 | | and Motor Vehicle Theft Prevention and Insurance Verification
| 3 | | Act, when any special fund in the State Treasury is | 4 | | discontinued by an Act
of the General Assembly, any balance | 5 | | remaining therein on the effective
date of such Act shall be | 6 | | transferred to the General Revenue Fund, or to
such other fund | 7 | | as such Act shall provide. Warrants outstanding against
such | 8 | | discontinued fund at the time of the transfer of any such | 9 | | balance
therein shall be paid out of the fund to which the | 10 | | transfer was made.
| 11 | | (c) When any special fund in the State Treasury has been | 12 | | inactive
for 18 months or longer, the fund is automatically | 13 | | terminated by operation
of law and the balance remaining in | 14 | | such fund shall be transferred by the
Comptroller to the | 15 | | General Revenue Fund. When a special fund has been
terminated | 16 | | by operation of law as provided in this Section, the General
| 17 | | Assembly shall repeal or amend all Sections of the statutes | 18 | | creating or
otherwise referring to that fund.
| 19 | | The Comptroller shall be allowed the discretion to | 20 | | maintain or dissolve
any federal trust fund which has been | 21 | | inactive for 18 months or longer.
| 22 | | (d) (Blank).
| 23 | | (e) (Blank).
| 24 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 25 | | (30 ILCS 105/5.295) (from Ch. 127, par. 141.295)
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| 1 | | Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft | 2 | | Prevention and Insurance Verification Trust Fund. | 3 | | (Source: P.A. 100-373, eff. 1-1-18 .)
| 4 | | (30 ILCS 105/6z-125) | 5 | | Sec. 6z-125. State Police Training and Academy Fund. The | 6 | | State Police Training and Academy Fund is hereby created as a | 7 | | special fund in the State treasury. Moneys in the Fund shall | 8 | | consist of: (i) 10% of the revenue from increasing the | 9 | | insurance producer license fees, as provided under subsection | 10 | | (a-5) of Section 500-135 of the Illinois Insurance Code; and | 11 | | (ii) 10% of the moneys collected from auto insurance policy | 12 | | fees under Section 8.6 of the Illinois Vehicle Hijacking and | 13 | | Motor Vehicle Theft Prevention and Insurance Verification Act. | 14 | | This Fund shall be used by the Illinois State Police to fund | 15 | | training and other State Police institutions, including, but | 16 | | not limited to, forensic laboratories.
| 17 | | (Source: P.A. 102-16, eff. 6-17-21.) | 18 | | (30 ILCS 105/6z-126) | 19 | | Sec. 6z-126. Law Enforcement Training Fund. The Law | 20 | | Enforcement Training Fund is hereby created as a special fund | 21 | | in the State treasury. Moneys in the Fund shall consist of: (i) | 22 | | 90% of the revenue from increasing the insurance producer | 23 | | license fees, as provided under subsection (a-5) of Section | 24 | | 500-135 of the Illinois Insurance Code; and (ii) 90% of the |
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| 1 | | moneys collected from auto insurance policy fees under Section | 2 | | 8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft | 3 | | Prevention and Insurance Verification Act. This Fund shall be | 4 | | used by the Illinois Law Enforcement Training and Standards | 5 | | Board to fund law enforcement certification compliance and the | 6 | | development and provision of basic courses by Board-approved | 7 | | academics, and in-service courses by approved academies.
| 8 | | (Source: P.A. 102-16, eff. 6-17-21.) | 9 | | Section 25. The Illinois Vehicle Code is amended by | 10 | | changing Section 4-109 as follows:
| 11 | | (625 ILCS 5/4-109)
| 12 | | Sec. 4-109. Motor Vehicle Theft Prevention Program. The | 13 | | Secretary of
State, in conjunction with the Motor Vehicle | 14 | | Theft Prevention and Insurance Verification Council, is
hereby | 15 | | authorized to establish and operate a Motor Vehicle Theft | 16 | | Prevention
Program as follows:
| 17 | | (a) Voluntary program participation.
| 18 | | (b) The registered owner of a motor vehicle interested in | 19 | | participating in
the program shall sign an informed consent | 20 | | agreement designed by the Secretary
of State under subsection | 21 | | (e) of this Section indicating that the motor vehicle
| 22 | | registered to him is not normally operated between the hours | 23 | | of 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be | 24 | | submitted to the Secretary of
State for processing.
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| 1 | | (c) Upon processing the form, the Secretary of State shall | 2 | | issue to the
registered owner a decal. The registered owner | 3 | | shall affix the decal in a
conspicuous place on his motor | 4 | | vehicle as prescribed by the Secretary of State.
| 5 | | (d) Whenever any law enforcement officer shall see a motor | 6 | | vehicle
displaying a decal issued under the provisions of | 7 | | subsection (c) of this
Section being operated upon the public | 8 | | highways of this State between the
hours of 1:00 a.m. and 5:00 | 9 | | a.m., the officer is authorized to stop that
motor vehicle and | 10 | | to request the driver to produce a valid driver's license
and | 11 | | motor vehicle registration card if required to be carried in | 12 | | the
vehicle. Whenever the operator of a motor
vehicle | 13 | | displaying a decal is unable to produce the documentation set | 14 | | forth
in this Section, the police officer shall investigate | 15 | | further to determine
if the person operating the motor vehicle | 16 | | is the registered owner or has
the authorization of the owner | 17 | | to operate the vehicle.
| 18 | | (e) The Secretary of State, in consultation with the | 19 | | Director of the Illinois State Police and Motor Vehicle Theft | 20 | | Prevention and Insurance Verification Council,
shall design | 21 | | the manner and form of the informed consent agreement required
| 22 | | under subsection (b) of this Section and the decal required | 23 | | under subsection
(c) of this Section.
| 24 | | (f) The Secretary of State shall provide for the recording | 25 | | of
registered owners of motor vehicles who participate in the | 26 | | program. The
records shall be available to all law enforcement |
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| 1 | | departments, agencies,
and forces. The Secretary of State | 2 | | shall cooperate with and assist all law
enforcement officers | 3 | | and other agencies in tracing or examining any
questionable | 4 | | motor vehicles in order to determine the ownership of the | 5 | | motor
vehicles.
| 6 | | (g) A fee not to exceed $10 may be charged for the informed | 7 | | consent form
and decal provided under this Section. The fee, | 8 | | if any, shall be set by the
Motor Vehicle Theft Prevention and | 9 | | Insurance Verification Council and shall be collected by the | 10 | | Secretary
of State and deposited into the Vehicle Hijacking | 11 | | and Motor Vehicle Theft Prevention and Insurance Verification | 12 | | Trust Fund.
| 13 | | (h) The Secretary of State, in consultation with the | 14 | | Director of the Illinois State Police and the Motor Vehicle | 15 | | Theft Prevention and Insurance Verification Council
shall | 16 | | promulgate rules and regulations to effectuate the purposes of | 17 | | this
Section.
| 18 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 19 | | Section 30. The Criminal Code of 2012 is amended by adding | 20 | | Section 12C-36 as follows: | 21 | | (720 ILCS 5/12C-36 new) | 22 | | Sec. 12C-36. Predatory vehicular hijacking. | 23 | | (a) A person commits predatory vehicular hijacking when | 24 | | that person is 18 years of age or over and he or she knowingly |
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| 1 | | commands or coerces a minor under 18 years of age to commit a | 2 | | violation of Section 18-3. | 3 | | (b) Sentence. Predatory vehicular hijacking is a Class 1 | 4 | | felony. | 5 | | (c) This Section is repealed on January 1, 2026. | 6 | | Section 35. The Crime Victims Compensation Act is amended | 7 | | by changing Section 2, 7.1, and 10.1 as follows:
| 8 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
| 9 | | Sec. 2. Definitions. As used in this Act, unless the | 10 | | context
otherwise requires:
| 11 | | (a) "Applicant" means any person who applies for | 12 | | compensation under this
Act or any person the Court of Claims | 13 | | or the Attorney General finds is entitled to compensation,
| 14 | | including the guardian of a minor or of a person under legal | 15 | | disability. It
includes any person who was a dependent of a | 16 | | deceased victim of a crime of
violence for his or her support | 17 | | at the time of the death of that victim.
| 18 | | The changes made to this subsection by this amendatory Act | 19 | | of the 101st General Assembly apply to actions commenced or | 20 | | pending on or after January 1, 2022. | 21 | | (b) "Court of Claims" means the Court of Claims created by | 22 | | the Court
of Claims Act.
| 23 | | (c) "Crime of violence" means and includes any offense | 24 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
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| 1 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 2 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | 3 | | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | 4 | | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | 5 | | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | 6 | | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | 7 | | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | 9 | | the Cemetery Protection Act, Section 125 of the Stalking No | 10 | | Contact Order Act, Section 219 of the Civil No Contact Order | 11 | | Act, driving under
the influence as defined in Section
11-501 | 12 | | of the Illinois Vehicle Code, a violation of Section 11-401 of | 13 | | the Illinois Vehicle Code, provided the victim was a | 14 | | pedestrian or was operating a vehicle moved solely by human | 15 | | power or a mobility device at the time of contact, and a | 16 | | violation of Section 11-204.1 of the Illinois Vehicle Code; so | 17 | | long as the offense did not occur
during a civil riot, | 18 | | insurrection or rebellion. "Crime of violence" does not
| 19 | | include any other offense or accident involving a motor | 20 | | vehicle except those
vehicle offenses specifically provided | 21 | | for in this paragraph. "Crime of
violence" does include all of | 22 | | the offenses specifically provided for in this
paragraph that | 23 | | occur within this State but are subject to federal | 24 | | jurisdiction
and crimes involving terrorism as defined in 18 | 25 | | 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, parent, or child | 3 | | of a person killed or injured in this State as a result of a | 4 | | crime of
violence perpetrated or attempted against the person, | 5 | | or anyone living in the household of a person killed or injured | 6 | | in a relationship that is substantially similar to that of a | 7 | | parent, spouse, or child, (3) a person killed
or injured in | 8 | | this State while attempting to assist a person against whom a
| 9 | | crime of violence is being perpetrated or attempted, if that | 10 | | attempt of
assistance would be expected of a reasonable person | 11 | | under the circumstances,
(4) a person killed or injured in | 12 | | this State while assisting a law
enforcement official | 13 | | apprehend a person who has perpetrated a crime of
violence or | 14 | | prevent the perpetration of any such crime if that
assistance | 15 | | was in response to the express request of the law enforcement
| 16 | | official, (5) a person who personally
witnessed a violent | 17 | | crime, (5.05) a person who will be called as a witness by the | 18 | | prosecution to establish a necessary nexus between the | 19 | | offender and the violent crime, (5.1) solely
for the purpose | 20 | | of compensating for pecuniary loss incurred for
psychological | 21 | | treatment of a mental or emotional condition caused or | 22 | | aggravated
by the crime, any other person under the age of 18 | 23 | | who is the brother, sister,
half brother, or half sister
of a | 24 | | person killed or injured in
this State as a
result of a crime | 25 | | of violence, (6) an Illinois resident
who is a victim of a | 26 | | "crime of violence" as defined in this Act except, if
the crime |
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| 1 | | occurred outside this State, the resident has the same rights
| 2 | | under this Act as if the crime had occurred in this State upon | 3 | | a showing
that the state, territory, country, or political | 4 | | subdivision of a country
in which the crime occurred does not | 5 | | have a compensation of victims of
crimes law for which that | 6 | | Illinois resident is eligible, (7) a deceased person whose | 7 | | body is dismembered or whose remains are desecrated as the | 8 | | result of a crime of violence, or (8) solely for the purpose of | 9 | | compensating for pecuniary loss incurred for psychological | 10 | | treatment of a mental or emotional condition caused or | 11 | | aggravated by the crime, any parent, spouse, or child under | 12 | | the age of 18 of a deceased person whose body is dismembered or | 13 | | whose remains are desecrated as the result of a crime of | 14 | | violence.
| 15 | | (e) "Dependent" means a relative of a deceased victim who | 16 | | was wholly or
partially dependent upon the victim's income at | 17 | | the time of his or her
death
and shall include the child of a | 18 | | victim born after his or her death.
| 19 | | (f) "Relative" means a spouse, parent, grandparent, | 20 | | stepfather, stepmother,
child, grandchild, brother, | 21 | | brother-in-law, sister, sister-in-law, half
brother, half | 22 | | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | 23 | | living in the household of a person killed or injured in a | 24 | | relationship that is substantially similar to that of a | 25 | | parent, spouse, or child.
| 26 | | (g) "Child" means a son or daughter and includes a |
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| 1 | | stepchild, an adopted child or a child born out of wedlock.
| 2 | | (h) "Pecuniary loss" means, in the case of injury, | 3 | | appropriate medical
expenses and hospital expenses including | 4 | | expenses of medical
examinations, rehabilitation, medically | 5 | | required
nursing care expenses, appropriate
psychiatric care | 6 | | or psychiatric counseling expenses, appropriate expenses for | 7 | | care or
counseling by a licensed clinical psychologist, | 8 | | licensed clinical social
worker, licensed professional | 9 | | counselor, or licensed clinical professional counselor and | 10 | | expenses for treatment by Christian Science practitioners and
| 11 | | nursing care appropriate thereto; transportation expenses to | 12 | | and from medical and counseling treatment facilities; | 13 | | prosthetic appliances, eyeglasses, and
hearing aids necessary | 14 | | or damaged as a result of the
crime; expenses incurred for the | 15 | | towing of a victim's vehicle in connection with a crime of | 16 | | violence, to a maximum of $1,000; costs associated with | 17 | | trafficking tattoo removal by a person authorized or licensed | 18 | | to perform the specific removal procedure; replacement costs | 19 | | for clothing and bedding used as evidence; costs
associated | 20 | | with temporary lodging or relocation necessary as a
result of | 21 | | the crime, including, but not limited to, the first month's | 22 | | rent and security deposit of the dwelling that the claimant | 23 | | relocated to and other reasonable relocation expenses incurred | 24 | | as a result of the violent crime;
locks or windows necessary or | 25 | | damaged as a result of the crime; the purchase,
lease, or | 26 | | rental of equipment necessary to create usability of and
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| 1 | | accessibility to the victim's real and personal property, or | 2 | | the real and
personal property which is used by the victim, | 3 | | necessary as a result of the
crime; the costs of appropriate | 4 | | crime scene clean-up;
replacement
services loss, to a maximum | 5 | | of $1,250 per month;
dependents replacement
services loss, to | 6 | | a maximum of $1,250 per month; loss of tuition paid to
attend | 7 | | grammar school or high school when the victim had been | 8 | | enrolled as a
student prior to the injury, or college or | 9 | | graduate school when
the victim had been enrolled as a day or | 10 | | night student prior to
the injury when the victim becomes | 11 | | unable to continue attendance at school
as a result of the | 12 | | crime of violence perpetrated against him or her; loss
of
| 13 | | earnings, loss of future earnings because of disability | 14 | | resulting from the
injury, and, in addition, in the case of | 15 | | death, expenses for funeral, burial, and travel and transport | 16 | | for survivors
of homicide victims to secure bodies of deceased | 17 | | victims and to transport
bodies for burial all of which
may be | 18 | | awarded up to a maximum of $10,000 and loss of support of the | 19 | | dependents of
the victim; in the case of dismemberment or | 20 | | desecration of a body, expenses for funeral and burial, all of | 21 | | which may be awarded up to a maximum of $10,000.
Loss of future | 22 | | earnings shall be reduced by any income from substitute work
| 23 | | actually performed by the victim or by income he or she would | 24 | | have earned
in
available appropriate substitute work he or she | 25 | | was capable of performing
but
unreasonably failed to | 26 | | undertake. Loss of earnings, loss of future
earnings and loss |
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| 1 | | of support shall be determined on the basis of the
victim's | 2 | | average net monthly earnings for the 6 months immediately
| 3 | | preceding the date of the injury or on $2,400 per month, | 4 | | whichever is less or, in cases where the absences commenced | 5 | | more than 3 years from the date of the crime, on the basis of | 6 | | the net monthly earnings for the 6 months immediately | 7 | | preceding the date of the first absence, not to exceed $2,400 | 8 | | per month.
If a divorced or legally separated applicant is | 9 | | claiming loss of support
for a minor child of the deceased, the | 10 | | amount of support for each child
shall be based either on the | 11 | | amount of support
pursuant to the judgment prior to the date of | 12 | | the deceased
victim's injury or death, or, if the subject of | 13 | | pending litigation filed by
or on behalf of the divorced or | 14 | | legally separated applicant prior to the
injury or death, on | 15 | | the result of that litigation. Real and personal
property | 16 | | includes, but is not limited to, vehicles, houses, apartments,
| 17 | | town houses, or condominiums. Pecuniary loss does not
include | 18 | | pain and suffering or property loss or damage.
| 19 | | The changes made to this subsection by this amendatory Act | 20 | | of the 101st General Assembly apply to actions commenced or | 21 | | pending on or after January 1, 2022. | 22 | | (i) "Replacement services loss" means expenses reasonably | 23 | | incurred in
obtaining ordinary and necessary services in lieu | 24 | | of those the
injured person would have performed, not for | 25 | | income, but for the benefit
of himself or herself or his or her | 26 | | family, if he or she had not
been injured.
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| 1 | | (j) "Dependents replacement services loss" means loss | 2 | | reasonably incurred
by dependents or private legal guardians | 3 | | of minor dependents after a victim's death in obtaining | 4 | | ordinary and necessary
services in lieu of those the victim | 5 | | would have performed, not for income,
but for their benefit, | 6 | | if he or she had not been fatally injured.
| 7 | | (k) "Survivor" means immediate family including a parent, | 8 | | stepfather, stepmother, child,
brother, sister, or spouse.
| 9 | | (l) "Parent" means a natural parent, adopted parent, | 10 | | stepparent, or permanent legal guardian of another person. | 11 | | (m) "Trafficking tattoo" is a tattoo which is applied to a | 12 | | victim in connection with the commission of a violation of | 13 | | Section 10-9 of the Criminal Code of 2012. | 14 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | 15 | | 102-27, eff. 6-25-21.)
| 16 | | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
| 17 | | Sec. 7.1. (a) The application shall set out:
| 18 | | (1) the name and address of the victim;
| 19 | | (2) if the victim is deceased, the name and address of | 20 | | the applicant
and his or her relationship to the victim, | 21 | | the names and addresses of other
persons dependent on the | 22 | | victim for their support and the extent to
which each is so | 23 | | dependent, and other persons who may be entitled to
| 24 | | compensation for a pecuniary loss;
| 25 | | (3) the date and nature of the crime on which the |
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| 1 | | application for
compensation is based;
| 2 | | (4) the date and place where and the law enforcement | 3 | | officials to
whom notification of the crime was given;
| 4 | | (5) the nature and extent of the injuries sustained by | 5 | | the victim,
and the names and addresses of those giving | 6 | | medical and hospitalization
treatment to the victim;
| 7 | | (6) the pecuniary loss to the applicant and to such | 8 | | other persons as
are specified under item (2) resulting | 9 | | from the injury or death;
| 10 | | (7) the amount of benefits, payments, or awards, if | 11 | | any, payable
under:
| 12 | | (a) the Workers' Compensation Act,
| 13 | | (b) the Dram Shop Act,
| 14 | | (c) any claim, demand, or cause of action based | 15 | | upon the
crime-related injury or death,
| 16 | | (d) the Federal Medicare program,
| 17 | | (e) the State Public Aid program,
| 18 | | (f) Social Security Administration burial | 19 | | benefits,
| 20 | | (g) Veterans administration burial benefits,
| 21 | | (h) life, health, accident , vehicle, towing, or | 22 | | liability insurance,
| 23 | | (i) the Criminal Victims' Escrow Account Act,
| 24 | | (j) the Sexual Assault Survivors Emergency | 25 | | Treatment Act, | 26 | | (k) restitution, or |
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| 1 | | (l) any other source;
| 2 | | (8) releases authorizing the surrender to the Court of | 3 | | Claims or
Attorney General of reports, documents and other | 4 | | information relating to
the matters specified under this | 5 | | Act and rules promulgated in accordance
with the Act;
| 6 | | (9) such other information as the Court of Claims or | 7 | | the Attorney
General reasonably requires.
| 8 | | (b) The Attorney General may require that materials | 9 | | substantiating
the facts stated in the application be | 10 | | submitted with that application.
| 11 | | (c) An applicant, on his or her own motion, may file an | 12 | | amended application
or additional substantiating materials to | 13 | | correct inadvertent errors or
omissions at any time before the | 14 | | original application has been disposed
of by the Court of | 15 | | Claims or the Attorney General. In either case, the filing of | 16 | | additional
information or of an amended application shall be | 17 | | considered for the
purpose of this Act to have been filed at | 18 | | the same time as the original
application.
| 19 | | For claims submitted on or after January 1, 2022, an | 20 | | amended application or additional substantiating materials to | 21 | | correct inadvertent errors or omissions may be filed at any | 22 | | time before the original application is disposed of by the | 23 | | Attorney General or the Court of Claims. | 24 | | (d) Determinations submitted by the Attorney General to | 25 | | the Court of Claims shall be available to the Court of Claims | 26 | | for review. The Attorney General shall provide the sources and |
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| 1 | | evidence relied upon as a basis for a compensation | 2 | | determination. | 3 | | (e) The changes made to this Section by this amendatory | 4 | | Act of the 101st General Assembly apply to actions commenced | 5 | | or pending on or after January 1, 2022. | 6 | | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
| 7 | | (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
| 8 | | Sec. 10.1. Amount of compensation. The amount of | 9 | | compensation to which
an applicant and other persons are | 10 | | entitled shall be based on the
following factors:
| 11 | | (a) A victim may be compensated for his or her pecuniary | 12 | | loss.
| 13 | | (b) A dependent may be compensated for loss of support.
| 14 | | (c) Any person, even though not dependent upon the victim | 15 | | for his or her
support, may be compensated for reasonable
| 16 | | expenses of the victim to the extent to which he or she has | 17 | | paid or become
obligated to pay such expenses and only after | 18 | | compensation for reasonable
funeral, medical and hospital | 19 | | expenses of the victim have been awarded may
compensation be | 20 | | made for reasonable expenses of the victim incurred for
| 21 | | psychological treatment of a mental or emotional condition | 22 | | caused or
aggravated by the crime.
| 23 | | (d) An award shall be reduced or denied according to the | 24 | | extent to which
the victim's injury or death was caused by | 25 | | provocation or incitement by the victim or the victim |
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| 1 | | assisting, attempting, or committing a criminal act. A denial | 2 | | or reduction shall not automatically bar the survivors of | 3 | | homicide victims from receiving compensation for counseling, | 4 | | crime scene cleanup, relocation, funeral or burial costs, and | 5 | | loss of support if the survivor's actions have not initiated, | 6 | | provoked, or aggravated the suspect into initiating the | 7 | | qualifying crime.
| 8 | | (e) An award shall be reduced by the amount of benefits, | 9 | | payments
or awards payable under those sources which are | 10 | | required to be listed
under item (7) of Section 7.1(a) and any | 11 | | other sources except annuities,
pension plans, Federal Social | 12 | | Security payments payable to dependents
of the victim and the | 13 | | net proceeds of the first $25,000 of life
insurance that would | 14 | | inure to the benefit of the applicant, which the
applicant or | 15 | | any other person dependent for the support of a deceased
| 16 | | victim, as the case may be, has received or to which he or she | 17 | | is entitled
as a result of injury to or death of the victim.
| 18 | | (f) A final award shall not exceed $10,000 for a crime | 19 | | committed prior to
September 22, 1979, $15,000 for a crime | 20 | | committed on or after September 22,
1979 and prior to January | 21 | | 1, 1986, $25,000 for a crime committed on or after
January 1, | 22 | | 1986 and prior to August 7, 1998, $27,000 for a crime committed | 23 | | on or after August
7, 1998 and prior to August 7, 2022, or | 24 | | $45,000 for a crime committed on or after August 7, 2022. If | 25 | | the total
pecuniary loss is greater than the maximum amount | 26 | | allowed, the award shall be
divided in proportion to the |
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| 1 | | amount of actual loss among those entitled to
compensation.
| 2 | | (g) Compensation under this Act is a secondary source of | 3 | | compensation
and the applicant must show that he or she has | 4 | | exhausted the benefits
reasonably available under the Criminal | 5 | | Victims' Escrow Account Act or any
governmental or medical or | 6 | | health insurance programs, including , but not
limited to , | 7 | | Workers' Compensation, the Federal Medicare program, the State
| 8 | | Public Aid program, Social Security Administration burial | 9 | | benefits, and
Veterans Administration burial benefits, and | 10 | | life, health, accident , full vehicle coverage (including | 11 | | towing insurance, if available), or
liability insurance.
| 12 | | (Source: P.A. 102-27, eff. 1-1-22 .)
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