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90_SB0506
740 ILCS 45/2 from Ch. 70, par. 72
Amends the Crime Victims Compensation Act. Includes
expenses of rehabilitation and expenses for the purchase,
lease, or rental of equipment necessary to create useability
of and accessibility to the victim's real and personal
property, or property used by the victim, necessary as a
result of the crime of violence.
LRB9002792RCks
LRB9002792RCks
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, and driving
24 under the influence of intoxicating liquor or narcotic drugs
25 as defined in Section 11-501 of the Illinois Vehicle Code,
26 and if none of the said offenses occurred during a civil
27 riot, insurrection or rebellion. "Crime of violence" does
28 not include any other offense or accident involving a motor
29 vehicle except those vehicle offenses specifically provided
30 for in this paragraph. "Crime of violence" does include all
31 of the offenses specifically provided for in this paragraph
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1 that occur within this State but are subject to federal
2 jurisdiction.
3 (d) "Victim" means (1) a person killed or injured in
4 this State as a result of a crime of violence perpetrated or
5 attempted against him, (2) the parent of a child killed or
6 injured in this State as a result of a crime of violence
7 perpetrated or attempted against the child, (3) a person
8 killed or injured in this State while attempting to assist a
9 person against whom a crime of violence is being perpetrated
10 or attempted, if that attempt of assistance would be expected
11 of a reasonable man under the circumstances, (4) a person
12 killed or injured in this State while assisting a law
13 enforcement official apprehend a person who has perpetrated a
14 crime of violence or prevent the perpetration of any such
15 crime if that assistance was in response to the express
16 request of the law enforcement official, (5) a child who
17 personally witnessed a violent crime perpetrated or attempted
18 against a relative, or (6) an Illinois resident who is a
19 victim of a "crime of violence" as defined in this Act
20 except, if the crime occurred outside this State, the
21 resident has the same rights under this Act as if the crime
22 had occurred in this State upon a showing that the state,
23 territory, country, or political subdivision of a country in
24 which the crime occurred does not have a compensation of
25 victims of crimes law for which that Illinois resident is
26 eligible.
27 (e) "Dependent" means a relative of a deceased victim
28 who was wholly or partially dependent upon the victim's
29 income at the time of his death and shall include the child
30 of a victim born after his death.
31 (f) "Relative" means a spouse, parent, grandparent,
32 stepfather, stepmother, child, grandchild, brother,
33 brother-in-law, sister, sister-in-law, half brother, half
34 sister, spouse's parent, nephew, niece, uncle or aunt.
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1 (g) "Child" means an unmarried son or daughter who is
2 under 18 years of age and includes a stepchild, an adopted
3 child or an illegitimate child.
4 (h) "Pecuniary loss" means, in the case of injury,
5 appropriate medical expenses and hospital expenses including
6 expenses of a medical examinations examination,
7 rehabilitation, medically required nursing care expenses,
8 appropriate psychiatric care or psychiatric counseling
9 expenses, expenses for care or counseling by a licensed
10 clinical psychologist or licensed clinical social worker and
11 expenses for treatment by Christian Science practitioners and
12 nursing care appropriate thereto; prosthetic appliances,
13 eyeglasses, and hearing aids necessary or damaged as a result
14 of the crime; the purchase, lease, or rental of equipment
15 necessary to create useability of and accessibility to the
16 victim's real and personal property, or the real and personal
17 property which is used by the victim, necessary as a result
18 of the crime; replacement services loss, to a maximum of
19 $1000 per month; dependents replacement services loss, to a
20 maximum of $1000 per month; loss of tuition paid to attend
21 grammar school or high school when the victim had been
22 enrolled as a full-time student prior to the injury, or
23 college or graduate school when the victim had been enrolled
24 as a full-time day or night student prior to the injury when
25 the victim becomes unable to continue attendance at school as
26 a result of the crime of violence perpetrated against him;
27 loss of earnings, loss of future earnings because of
28 disability resulting from the injury, and, in addition, in
29 the case of death, funeral and burial expenses to a maximum
30 of $3000 and loss of support of the dependents of the victim.
31 Loss of future earnings shall be reduced by any income from
32 substitute work actually performed by the victim or by income
33 he would have earned in available appropriate substitute work
34 he was capable of performing but unreasonably failed to
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1 undertake. Loss of earnings, loss of future earnings and
2 loss of support shall be determined on the basis of the
3 victim's average net monthly earnings for the 6 months
4 immediately preceding the date of the injury or on $1000 per
5 month, whichever is less. If a divorced or legally separated
6 applicant is claiming loss of support for a minor child of
7 the deceased, the amount of support for each child shall be
8 based either on the amount of support the minor child
9 received pursuant to the judgment for the 6 months prior to
10 the date of the deceased victim's injury or death, or, if the
11 subject of pending litigation filed by or on behalf of the
12 divorced or legally separated applicant prior to the injury
13 or death, on the result of that litigation. Real and
14 personal property includes, but is not limited to, vehicles,
15 houses, apartments, townhouses, or condominiums. Pecuniary
16 loss does not include pain and suffering or property loss or
17 damage.
18 (i) "Replacement services loss" means expenses
19 reasonably incurred in obtaining ordinary and necessary
20 services in lieu of those the permanently injured person
21 would have performed, not for income, but for the benefit of
22 himself or his family, if he had not been permanently
23 injured.
24 (j) "Dependents replacement services loss" means loss
25 reasonably incurred by dependents after a victim's death in
26 obtaining ordinary and necessary services in lieu of those
27 the victim would have performed, not for income, but for
28 their benefit, if he had not been fatally injured.
29 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
30 89-462, eff. 5-29-96.)