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90_SB0224
740 ILCS 45/2 from Ch. 70, par. 72
Amends the Crime Victims Compensation Act. Includes
leaving the scene of a motor vehicle accident in which death
or personal injury resulted in the definition of a crime of
violence.
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LRB9002253RCcw
1 AN ACT to amend the Crime Victims Compensation Act by
2 changing Section 2.
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 Section 2 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 support at the time of the death of
16 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 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-30,
23 20-1 or 20-1.1 of the Criminal Code of 1961, leaving the
24 scene of an accident in which personal injury or death
25 resulted in violation of subsection (a) of Section 11-401 of
26 the Illinois Vehicle Code, and driving under the influence of
27 intoxicating liquor or narcotic drugs as defined in Section
28 11-501 of the Illinois Vehicle Code, and if none of the said
29 offenses occurred during a civil riot, insurrection or
30 rebellion. "Crime of violence" does not include any other
31 offense or accident involving a motor vehicle except those
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1 vehicle offenses specifically provided for in this paragraph.
2 "Crime of violence" does include all of the offenses
3 specifically provided for in this paragraph that occur within
4 this State but are subject to federal jurisdiction.
5 (d) "Victim" means (1) a person killed or injured in
6 this State as a result of a crime of violence perpetrated or
7 attempted against him, (2) the parent of a child killed or
8 injured in this State as a result of a crime of violence
9 perpetrated or attempted against the child, (3) a person
10 killed or injured in this State while attempting to assist a
11 person against whom a crime of violence is being perpetrated
12 or attempted, if that attempt of assistance would be expected
13 of a reasonable man under the circumstances, (4) a person
14 killed or injured in this State while assisting a law
15 enforcement official apprehend a person who has perpetrated a
16 crime of violence or prevent the perpetration of any such
17 crime if that assistance was in response to the express
18 request of the law enforcement official, (5) a child who
19 personally witnessed a violent crime perpetrated or attempted
20 against a relative, or (6) an Illinois resident who is a
21 victim of a "crime of violence" as defined in this Act
22 except, if the crime occurred outside this State, the
23 resident has the same rights under this Act as if the crime
24 had occurred in this State upon a showing that the state,
25 territory, country, or political subdivision of a country in
26 which the crime occurred does not have a compensation of
27 victims of crimes law for which that Illinois resident is
28 eligible.
29 (e) "Dependent" means a relative of a deceased victim
30 who was wholly or partially dependent upon the victim's
31 income at the time of his death and shall include the child
32 of a victim born after his death.
33 (f) "Relative" means a spouse, parent, grandparent,
34 stepfather, stepmother, child, grandchild, brother,
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1 brother-in-law, sister, sister-in-law, half brother, half
2 sister, spouse's parent, nephew, niece, uncle or aunt.
3 (g) "Child" means an unmarried son or daughter who is
4 under 18 years of age and includes a stepchild, an adopted
5 child or an illegitimate child.
6 (h) "Pecuniary loss" means, in the case of injury,
7 appropriate medical expenses and hospital expenses including
8 expenses of a medical examination, medically required nursing
9 care expenses, appropriate psychiatric care or psychiatric
10 counseling expenses, expenses for care or counseling by a
11 licensed clinical psychologist or licensed clinical social
12 worker and expenses for treatment by Christian Science
13 practitioners and nursing care appropriate thereto;
14 prosthetic appliances, eyeglasses, and hearing aids necessary
15 or damaged as a result of the crime; replacement services
16 loss, to a maximum of $1000 per month; dependents replacement
17 services loss, to a maximum of $1000 per month; loss of
18 tuition paid to attend grammar school or high school when the
19 victim had been enrolled as a full-time student prior to the
20 injury, or college or graduate school when the victim had
21 been enrolled as a full-time day or night student prior to
22 the injury when the victim becomes unable to continue
23 attendance at school as a result of the crime of violence
24 perpetrated against him; loss of earnings, loss of future
25 earnings because of disability resulting from the injury,
26 and, in addition, in the case of death, funeral and burial
27 expenses to a maximum of $3000 and loss of support of the
28 dependents of the victim. Loss of future earnings shall be
29 reduced by any income from substitute work actually performed
30 by the victim or by income he would have earned in available
31 appropriate substitute work he was capable of performing but
32 unreasonably failed to undertake. Loss of earnings, loss of
33 future earnings and loss of support shall be determined on
34 the basis of the victim's average net monthly earnings for
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1 the 6 months immediately preceding the date of the injury or
2 on $1000 per month, whichever is less. If a divorced or
3 legally separated applicant is claiming loss of support for a
4 minor child of the deceased, the amount of support for each
5 child shall be based either on the amount of support the
6 minor child received pursuant to the judgment for the 6
7 months prior to the date of the deceased victim's injury or
8 death, or, if the subject of pending litigation filed by or
9 on behalf of the divorced or legally separated applicant
10 prior to the injury or death, on the result of that
11 litigation. Pecuniary loss does not include pain and
12 suffering or property loss or damage.
13 (i) "Replacement services loss" means expenses
14 reasonably incurred in obtaining ordinary and necessary
15 services in lieu of those the permanently injured person
16 would have performed, not for income, but for the benefit of
17 himself or his family, if he had not been permanently
18 injured.
19 (j) "Dependents replacement services loss" means loss
20 reasonably incurred by dependents after a victim's death in
21 obtaining ordinary and necessary services in lieu of those
22 the victim would have performed, not for income, but for
23 their benefit, if he had not been fatally injured.
24 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
25 89-462, eff. 5-29-96.)