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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_HB2865enr HB2865 Enrolled LRB9202411RCcd 1 AN ACT concerning crime victims. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Crime Victims Compensation Act is amended 5 by changing Sections 2 and 10.1 as follows: 6 (740 ILCS 45/2) (from Ch. 70, par. 72) 7 Sec. 2. Definitions. As used in this Act, unless the 8 context otherwise requires: 9 (a) "Applicant" means any person who applies for 10 compensation under this Act or any person the Court of Claims 11 finds is entitled to compensation, including the guardian of 12 a minor or of a person under legal disability. It includes 13 any person who was a dependent of a deceased victim of a 14 crime of violence for his or her support at the time of the 15 death of that victim. 16 (b) "Court of Claims" means the Court of Claims created 17 by the Court of Claims Act. 18 (c) "Crime of violence" means and includes any offense 19 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 20 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4, 21 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.3, 12-7.4, 12-13, 12-14, 22 12-14.1, 12-15, 12-16, 12-30, 20-1 or 20-1.1 of the Criminal 23 Code of 1961, and driving under the influence of intoxicating 24 liquor or narcotic drugs as defined in Section 11-501 of the 25 Illinois Vehicle Code, if none of the said offenses occurred 26 during a civil riot, insurrection or rebellion. "Crime of 27 violence" does not include any other offense or accident 28 involving a motor vehicle except those vehicle offenses 29 specifically provided for in this paragraph. "Crime of 30 violence" does include all of the offenses specifically 31 provided for in this paragraph that occur within this State HB2865 Enrolled -2- LRB9202411RCcd 1 but are subject to federal jurisdiction and crimes involving 2 terrorism as defined in 18 U.S.C. 2331. 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 or her, (2) the parent of a child 6 killed or injured in this State as a result of a crime of 7 violence perpetrated or attempted against the child, (3) a 8 person killed or injured in this State while attempting to 9 assist a person against whom a crime of violence is being 10 perpetrated or attempted, if that attempt of assistance would 11 be expected of a reasonable man under the circumstances, (4) 12 a person killed or injured in this State while assisting a 13 law enforcement official apprehend a person who has 14 perpetrated a crime of violence or prevent the perpetration 15 of any such crime if that assistance was in response to the 16 express request of the law enforcement official, (5) a person 17under the age of 18who personally witnessed a violent crime 18perpetrated or attempted against a relative, (5.1) solely for 19 the purpose of compensating for pecuniary loss incurred for 20 psychological treatment of a mental or emotional condition 21 caused or aggravated by the crime, any other person under the 22 age of 18 who is the brother, sister, half brother, half 23 sister, child, or stepchild of a person killed or injured in 24 this State as a result of a crime of violence, or (6) an 25 Illinois resident who is a victim of a "crime of violence" as 26 defined in this Act except, if the crime occurred outside 27 this State, the resident has the same rights under this Act 28 as if the crime had occurred in this State upon a showing 29 that the state, territory, country, or political subdivision 30 of a country in which the crime occurred does not have a 31 compensation of victims of crimes law for which that Illinois 32 resident is eligible. 33 (e) "Dependent" means a relative of a deceased victim 34 who was wholly or partially dependent upon the victim's HB2865 Enrolled -3- LRB9202411RCcd 1 income at the time of his or her death and shall include the 2 child of a victim born after his or her death. 3 (f) "Relative" means a spouse, parent, grandparent, 4 stepfather, stepmother, child, grandchild, brother, 5 brother-in-law, sister, sister-in-law, half brother, half 6 sister, spouse's parent, nephew, niece, uncle or aunt. 7 (g) "Child" means an unmarried son or daughter who is 8 under 18 years of age and includes a stepchild, an adopted 9 child or an illegitimate child. 10 (h) "Pecuniary loss" means, in the case of injury, 11 appropriate medical expenses and hospital expenses including 12 expenses of medical examinations, rehabilitation, medically 13 required nursing care expenses, appropriate psychiatric care 14 or psychiatric counseling expenses, expenses for care or 15 counseling by a licensed clinical psychologist or licensed 16 clinical social worker and expenses for treatment by 17 Christian Science practitioners and nursing care appropriate 18 thereto; prosthetic appliances, eyeglasses, and hearing aids 19 necessary or damaged as a result of the crime; replacement 20 costs for clothing and bedding used as evidence; costs 21 associated with temporary lodging or relocation necessary as 22 a result of the crime; locks or windows necessary or damaged 23 as a result of the crime; the purchase, lease, or rental of 24 equipment necessary to create usability of and accessibility 25 to the victim's real and personal property, or the real and 26 personal property which is used by the victim, necessary as a 27 result of the crime; the costs of appropriate crime scene 28 clean-up; replacement services loss, to a maximum of $1000 29 per month; dependents replacement services loss, to a maximum 30 of $1000 per month; loss of tuition paid to attend grammar 31 school or high school when the victim had been enrolled as a 32 full-time student prior to the injury, or college or graduate 33 school when the victim had been enrolled as a full-time day 34 or night student prior to the injury when the victim becomes HB2865 Enrolled -4- LRB9202411RCcd 1 unable to continue attendance at school as a result of the 2 crime of violence perpetrated against him or her; loss of 3 earnings, loss of future earnings because of disability 4 resulting from the injury, and, in addition, in the case of 5 death, expenses for funeral,andburial, and travel and 6 transport for survivors of homicide victims to secure 7 bodies of deceased victims and to transport bodies for 8 burial all of which may not exceedexpenses toa maximum of 9 $5,000 and loss of support of the dependents of the victim. 10 Loss of future earnings shall be reduced by any income from 11 substitute work actually performed by the victim or by income 12 he or she would have earned in available appropriate 13 substitute work he or she was capable of performing but 14 unreasonably failed to undertake. Loss of earnings, loss of 15 future earnings and loss of support shall be determined on 16 the basis of the victim's average net monthly earnings for 17 the 6 months immediately preceding the date of the injury or 18 on $1000 per month, whichever is less. If a divorced or 19 legally separated applicant is claiming loss of support for a 20 minor child of the deceased, the amount of support for each 21 child shall be based either on the amount of support pursuant 22 to the judgment prior to the date of the deceased victim's 23 injury or death, or, if the subject of pending litigation 24 filed by or on behalf of the divorced or legally separated 25 applicant prior to the injury or death, on the result of that 26 litigation. Real and personal property includes, but is not 27 limited to, vehicles, houses, apartments, town houses, or 28 condominiums. Pecuniary loss does not include pain and 29 suffering or property loss or damage. 30 (i) "Replacement services loss" means expenses 31 reasonably incurred in obtaining ordinary and necessary 32 services in lieu of those the permanently injured person 33 would have performed, not for income, but for the benefit of 34 himself or herself or his or her family, if he or she had not HB2865 Enrolled -5- LRB9202411RCcd 1 been permanently injured. 2 (j) "Dependents replacement services loss" means loss 3 reasonably incurred by dependents after a victim's death in 4 obtaining ordinary and necessary services in lieu of those 5 the victim would have performed, not for income, but for 6 their benefit, if he or she had not been fatally injured. 7 (k) "Survivor" means immediate family including a parent, 8 step-father, step-mother, child, brother, sister, or spouse. 9 (Source: P.A. 90-136, eff. 1-1-98; 90-492, eff. 8-17-97; 10 90-655, eff. 7-30-98; 90-708, eff. 8-7-98; 91-258, eff. 11 1-1-00; 91-445, eff. 1-1-00; 91-892, eff. 7-6-00.) 12 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1) 13 Sec. 10.1. Amount of compensation. The amount of 14 compensation to which an applicant and other persons is 15 entitled shall be based on the following factors: 16 (a) a victim may be compensated for his or her pecuniary 17 loss; 18 (b) a dependent may be compensated for loss of support; 19 (c) any personrelated to the victim, even though not 20 dependent upon the victim for his or her support, may be 21 compensated for reasonable funeral, medical and hospital 22 expenses of the victim to the extent to which he or she has 23 paid or become obligated to pay such expenses and only after 24 compensation for reasonable funeral, medical and hospital 25 expenses of the victim have been awarded may compensation be 26 made for reasonable expenses of the victim incurred for 27 psychological treatment of a mental or emotional condition 28 caused or aggravated by the crime; 29 (d) an award shall be reduced or denied according to the 30 extent to which the victim's acts or conduct provoked or 31 contributed to his or her injury or death, or the extent to 32 which any prior criminal conviction or conduct of the victim 33 may have directly or indirectly contributed to the injury or HB2865 Enrolled -6- LRB9202411RCcd 1 death of the victim; 2 (e) an award shall be reduced by the amount of benefits, 3 payments or awards payable under those sources which are 4 required to be listed under item (7) of Section 7.1(a) and 5 any other sources except annuities, pension plans, Federal 6 Social Security payments payable to dependents of the victim 7 and the net proceeds of the first $25,000 of life insurance 8 that would inure to the benefit of the applicant, which the 9 applicant or any other person dependent for the support of a 10 deceased victim, as the case may be, has received or to which 11 he or she is entitled as a result of injury to or death of 12 the victim. 13 (f) A final award shall not exceed $10,000 for a crime 14 committed prior to September 22, 1979, $15,000 for a crime 15 committed on or after September 22, 1979 and prior to January 16 1, 1986, $25,000 for a crime committed on or after January 1, 17 1986 and prior to the effective date of this amendatory Act 18 of 1998, or $27,000 for a crime committed on or after the 19 effective date of this amendatory Act of 1998. If the total 20 pecuniary loss is greater than the maximum amount allowed, 21 the award shall be divided in proportion to the amount of 22 actual loss among those entitled to compensation; 23 (g) compensation under this Act is a secondary source of 24 compensation and the applicant must show that he or she has 25 exhausted the benefits reasonably available under the 26 Criminal Victims' Escrow Account Act or any governmental or 27 medical or health insurance programs, including, but not 28 limited to Workers' Compensation, the Federal Medicare 29 program, the State Public Aid program, Social Security 30 Administration burial benefits, Veterans Administration 31 burial benefits, and life, health, accident or liability 32 insurance. 33 (Source: P.A. 90-708, eff. 8-7-98.)