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90_HB3280eng
740 ILCS 45/2 from Ch. 70, par. 72
740 ILCS 45/10.1 from Ch. 70, par. 80.1
Amends the Crime Victims Compensation Act. Includes in
the definition of victim any person under the age of 18 who
is the brother, sister, half brother, or half sister of a
person killed or injured in this State as a result of a crime
of violence and limits compensation for these victims to the
cost of psychological treatment. Changes the amount of
compensation awardable for funeral and burial expenses from a
maximum of $3,000 to a maximum of $5,000. Increases from a
maximum of $25,000 to a maximum of $27,000 the amount of a
final award under this Act. Makes other changes. Effective
immediately.
LRB9009119SMdv
HB3280 Engrossed LRB9009119SMdv
1 AN ACT to amend the Crime Victims Compensation Act by
2 changing Sections 2 and 10.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Crime Victims Compensation Act is amended
6 by changing Sections 2 and 10.1 as follows:
7 (740 ILCS 45/2) (from Ch. 70, par. 72)
8 Sec. 2. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 (a) "Applicant" means any person who applies for
11 compensation under this Act or any person the Court of Claims
12 finds is entitled to compensation, including the guardian of
13 a minor or of a person under legal disability. It includes
14 any person who was a dependent of a deceased victim of a
15 crime of violence for his or her support at the time of the
16 death of that victim.
17 (b) "Court of Claims" means the Court of Claims created
18 by the Court of Claims Act.
19 (c) "Crime of violence" means and includes any offense
20 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
21 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
22 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
23 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961, and
24 driving under the influence of intoxicating liquor or
25 narcotic drugs as defined in Section 11-501 of the Illinois
26 Vehicle Code, and if none of the said offenses occurred
27 during a civil riot, insurrection or rebellion. "Crime of
28 violence" does not include any other offense or accident
29 involving a motor vehicle except those vehicle offenses
30 specifically provided for in this paragraph. "Crime of
31 violence" does include all of the offenses specifically
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1 provided for in this paragraph that occur within this State
2 but are subject to federal jurisdiction and crimes involving
3 terrorism as defined in 18 U.S.C. 2331.
4 (d) "Victim" means (1) a person killed or injured in
5 this State as a result of a crime of violence perpetrated or
6 attempted against him or her, (2) the parent of a child
7 killed or injured in this State as a result of a crime of
8 violence perpetrated or attempted against the child, (3) a
9 person killed or injured in this State while attempting to
10 assist a person against whom a crime of violence is being
11 perpetrated or attempted, if that attempt of assistance would
12 be expected of a reasonable man under the circumstances, (4)
13 a person killed or injured in this State while assisting a
14 law enforcement official apprehend a person who has
15 perpetrated a crime of violence or prevent the perpetration
16 of any such crime if that assistance was in response to the
17 express request of the law enforcement official, (5) a person
18 under the age of 18 child who personally witnessed a violent
19 crime perpetrated or attempted against a relative and, solely
20 for the purpose of compensating for pecuniary loss incurred
21 for psychological treatment of a mental or emotional
22 condition caused or aggravated by the crime, any other person
23 under the age of 18 who is the brother, sister, half brother,
24 or half sister of a person killed or injured in this State as
25 a result of a crime of violence, or (6) an Illinois resident
26 who is a victim of a "crime of violence" as defined in this
27 Act except, if the crime occurred outside this State, the
28 resident has the same rights under this Act as if the crime
29 had occurred in this State upon a showing that the state,
30 territory, country, or political subdivision of a country in
31 which the crime occurred does not have a compensation of
32 victims of crimes law for which that Illinois resident is
33 eligible.
34 (e) "Dependent" means a relative of a deceased victim
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1 who was wholly or partially dependent upon the victim's
2 income at the time of his or her death and shall include the
3 child of a victim born after his or her death.
4 (f) "Relative" means a spouse, parent, grandparent,
5 stepfather, stepmother, child, grandchild, brother,
6 brother-in-law, sister, sister-in-law, half brother, half
7 sister, spouse's parent, nephew, niece, uncle or aunt.
8 (g) "Child" means an unmarried son or daughter who is
9 under 18 years of age and includes a stepchild, an adopted
10 child or an illegitimate child.
11 (h) "Pecuniary loss" means, in the case of injury,
12 appropriate medical expenses and hospital expenses including
13 expenses of medical examinations, rehabilitation, medically
14 required nursing care expenses, appropriate psychiatric care
15 or psychiatric counseling expenses, expenses for care or
16 counseling by a licensed clinical psychologist or licensed
17 clinical social worker and expenses for treatment by
18 Christian Science practitioners and nursing care appropriate
19 thereto; prosthetic appliances, eyeglasses, and hearing aids
20 necessary or damaged as a result of the crime; the purchase,
21 lease, or rental of equipment necessary to create usability
22 of and accessibility to the victim's real and personal
23 property, or the real and personal property which is used by
24 the victim, necessary as a result of the crime; replacement
25 services loss, to a maximum of $1000 per month; dependents
26 replacement services loss, to a maximum of $1000 per month;
27 loss of tuition paid to attend grammar school or high school
28 when the victim had been enrolled as a full-time student
29 prior to the injury, or college or graduate school when the
30 victim had been enrolled as a full-time day or night student
31 prior to the injury when the victim becomes unable to
32 continue attendance at school as a result of the crime of
33 violence perpetrated against him or her; loss of earnings,
34 loss of future earnings because of disability resulting from
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1 the injury, and, in addition, in the case of death, funeral
2 and burial expenses to a maximum of $5,000 $3000 and loss of
3 support of the dependents of the victim. Loss of future
4 earnings shall be reduced by any income from substitute work
5 actually performed by the victim or by income he or she would
6 have earned in available appropriate substitute work he or
7 she was capable of performing but unreasonably failed to
8 undertake. Loss of earnings, loss of future earnings and
9 loss of support shall be determined on the basis of the
10 victim's average net monthly earnings for the 6 months
11 immediately preceding the date of the injury or on $1000 per
12 month, whichever is less. If a divorced or legally separated
13 applicant is claiming loss of support for a minor child of
14 the deceased, the amount of support for each child shall be
15 based either on the amount of support the minor child
16 received pursuant to the judgment for the 6 months prior to
17 the date of the deceased victim's injury or death, or, if the
18 subject of pending litigation filed by or on behalf of the
19 divorced or legally separated applicant prior to the injury
20 or death, on the result of that litigation. Real and
21 personal property includes, but is not limited to, vehicles,
22 houses, apartments, town houses, or condominiums. Pecuniary
23 loss does not include pain and suffering or property loss or
24 damage.
25 (i) "Replacement services loss" means expenses
26 reasonably incurred in obtaining ordinary and necessary
27 services in lieu of those the permanently injured person
28 would have performed, not for income, but for the benefit of
29 himself or herself or his or her family, if he or she had not
30 been permanently injured.
31 (j) "Dependents replacement services loss" means loss
32 reasonably incurred by dependents after a victim's death in
33 obtaining ordinary and necessary services in lieu of those
34 the victim would have performed, not for income, but for
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1 their benefit, if he or she had not been fatally injured.
2 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
3 89-462, eff. 5-29-96; 90-136, eff. 1-1-98; 90-492, eff.
4 8-17-97; revised 11-14-97.)
5 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
6 Sec. 10.1. The amount of compensation to which an
7 applicant and other persons is entitled shall be based on the
8 following factors:
9 (a) a victim may be compensated for his or her pecuniary
10 loss;
11 (b) a dependent may be compensated for loss of support;
12 (c) any person related to the victim, even though not
13 dependent upon the victim for his or her support, may be
14 compensated for reasonable funeral, medical and hospital
15 expenses of the victim to the extent to which he or she has
16 paid or become obligated to pay such expenses and only after
17 compensation for reasonable funeral, medical and hospital
18 expenses of the victim have been awarded may compensation be
19 made for reasonable expenses of the victim incurred for
20 psychological treatment of a mental or emotional condition
21 caused or aggravated by the crime;
22 (d) an award shall be reduced or denied according to the
23 extent to which the victim's acts or conduct provoked or
24 contributed to his or her injury or death, or the extent to
25 which any prior criminal conviction or conduct of the victim
26 may have directly or indirectly contributed to the injury or
27 death of the victim;
28 (e) an award shall be reduced by the amount of benefits,
29 payments or awards payable under those sources which are
30 required to be listed under item (7) of Section 7.1(a) and
31 any other sources except annuities, pension plans, Federal
32 Social Security payments payable to dependents of the victim
33 and the net proceeds of the first $25,000 of life insurance
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1 that would inure to the benefit of the applicant, which the
2 applicant or any other person dependent for the support of a
3 deceased victim, as the case may be, has received or to which
4 he or she is entitled as a result of injury to or death of
5 the victim.
6 (f) A final award shall not exceed $10,000 for a crime
7 committed prior to September 22, 1979, $15,000 for a crime
8 committed on or after September 22, 1979 and prior to January
9 1, 1986, or $25,000 for a crime committed on or after January
10 1, 1986 and prior to the effective date of this amendatory
11 Act of 1998, or $27,000 for a crime committed on or after the
12 effective date of this amendatory Act of 1998. If the total
13 pecuniary loss is greater than the maximum amount allowed,
14 the award shall be divided in proportion to the amount of
15 actual loss among those entitled to compensation;
16 (g) compensation under this Act is a secondary source of
17 compensation and the applicant must show that he or she has
18 exhausted the benefits reasonably available under the
19 Criminal Victims' Escrow Account Act or any governmental or
20 medical or health insurance programs, including, but not
21 limited to Workers' Compensation, the Federal Medicare
22 program, the State Public Aid program, Social Security
23 Administration burial benefits, Veterans Administration
24 burial benefits, and life, health, accident or liability
25 insurance.
26 (Source: P.A. 86-1009; 87-605.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.