|  |
Public Act 098-0435
Public Act 0435 98TH GENERAL ASSEMBLY
|
Public Act 098-0435
| | HB2640 Enrolled | LRB098 08651 HEP 41241 b |
|
| AN ACT concerning civil law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Crime Victims Compensation Act is amended by | changing Sections 2 and 6.1 as follows:
| (740 ILCS 45/2) (from Ch. 70, par. 72)
| Sec. 2. Definitions. As used in this Act, unless the | context
otherwise requires:
| (a) "Applicant" means any person who applies for | compensation under this
Act or any person the Court of Claims | finds is entitled to compensation,
including the guardian of a | minor or of a person under legal disability. It
includes any | person who was a dependent of a deceased victim of a crime of
| violence for his or her support at the time of the death of | that victim.
| (b) "Court of Claims" means the Court of Claims created by | the Court
of Claims Act.
| (c) "Crime of violence" means and includes any offense | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, | 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, | 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15,
|
| 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 | except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) | of Section 11-14.4, of the Criminal Code of 1961 or the | Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery | Protection Act, Section 125 of the Stalking No Contact Order | Act, Section 219 of the Civil No Contact Order Act, driving | under
the influence as defined in Section
11-501 of the | Illinois Vehicle Code, a violation of Section 11-401 of the | Illinois Vehicle Code, provided the victim was a pedestrian or | was operating a vehicle moved solely by human power or a | mobility device at the time of contact, and a violation of | Section 11-204.1 of the Illinois Vehicle Code; so long as the | offense did not occur
during a civil riot, insurrection or | rebellion. "Crime of violence" does not
include any other | offense or accident involving a motor vehicle except those
| vehicle offenses specifically provided for in this paragraph. | "Crime of
violence" does include all of the offenses | specifically provided for in this
paragraph that occur within | this State but are subject to federal jurisdiction
and crimes | involving terrorism as defined in 18 U.S.C. 2331.
| (d) "Victim" means (1) a person killed or injured in this | State as a
result of a crime of violence perpetrated or | attempted against him or her,
(2) the
spouse or parent of a | person killed or injured in this State as a result of a crime | of
violence perpetrated or attempted against the person, (3) a | person killed
or injured in this State while attempting to |
| assist a person against whom a
crime of violence is being | perpetrated or attempted, if that attempt of
assistance would | be expected of a reasonable person under the circumstances,
(4) | a person killed or injured in this State while assisting a law
| enforcement official apprehend a person who has perpetrated a | crime of
violence or prevent the perpetration of any such crime | if that
assistance was in response to the express request of | the law enforcement
official, (5) a person who personally
| witnessed a violent crime, (5.1) solely
for the purpose of | compensating for pecuniary loss incurred for
psychological | treatment of a mental or emotional condition caused or | aggravated
by the crime, any other person under the age of 18 | who is the brother, sister,
half brother, half sister, child, | or stepchild
of a person killed or injured in
this State as a
| result of a crime of violence, (6) an Illinois resident
who is | a victim of a "crime of violence" as defined in this Act | except, if
the crime occurred outside this State, the resident | has the same rights
under this Act as if the crime had occurred | in this State upon a showing
that the state, territory, | country, or political subdivision of a country
in which the | crime occurred does not have a compensation of victims of
| crimes law for which that Illinois resident is eligible, (7) a | deceased person whose body is dismembered or whose remains are | desecrated as the result of a crime of violence, or (8) solely | for the purpose of compensating for pecuniary loss incurred for | psychological treatment of a mental or emotional condition |
| caused or aggravated by the crime, any parent, spouse, or child | under the age of 18 of a deceased person whose body is | dismembered or whose remains are desecrated as the result of a | crime of violence.
| (e) "Dependent" means a relative of a deceased victim who | was wholly or
partially dependent upon the victim's income at | the time of his or her
death
and shall include the child of a | victim born after his or her death.
| (f) "Relative" means a spouse, parent, grandparent, | stepfather, stepmother,
child, grandchild, brother, | brother-in-law, sister, sister-in-law, half
brother, half | sister, spouse's parent, nephew, niece, uncle or aunt.
| (g) "Child" means an unmarried son or daughter who is under | 18 years of
age and includes a stepchild, an adopted child or a | child born out of wedlock.
| (h) "Pecuniary loss" means, in the case of injury, | appropriate medical
expenses and hospital expenses including | expenses of medical
examinations, rehabilitation, medically | required
nursing care expenses, appropriate
psychiatric care | or psychiatric counseling expenses, expenses for care or
| counseling by a licensed clinical psychologist, licensed | clinical social
worker, licensed professional counselor, or | licensed clinical professional counselor and expenses for | treatment by Christian Science practitioners and
nursing care | appropriate thereto; transportation expenses to and from | medical and counseling treatment facilities; prosthetic |
| appliances, eyeglasses, and
hearing aids necessary or damaged | as a result of the
crime; costs associated with trafficking | tattoo removal by a person authorized or licensed to perform | the specific removal procedure; replacement costs for clothing | and bedding used as evidence; costs
associated with temporary | lodging or relocation necessary as a
result of the crime, | including, but not limited to, the first month's rent and | security deposit of the dwelling that the claimant relocated to | and other reasonable relocation expenses incurred as a result | of the violent crime;
locks or windows necessary or damaged as | a result of the crime; the purchase,
lease, or rental of | equipment necessary to create usability of and
accessibility to | the victim's real and personal property, or the real and
| personal property which is used by the victim, necessary as a | result of the
crime; the costs of appropriate crime scene | clean-up;
replacement
services loss, to a maximum of $1,250 per | month;
dependents replacement
services loss, to a maximum of | $1,250 per month; loss of tuition paid to
attend grammar school | or high school when the victim had been enrolled as a
student | prior to the injury, or college or graduate school when
the | victim had been enrolled as a day or night student prior to
the | injury when the victim becomes unable to continue attendance at | school
as a result of the crime of violence perpetrated against | him or her; loss
of
earnings, loss of future earnings because | of disability resulting from the
injury, and, in addition, in | the case of death, expenses for funeral, burial, and travel and |
| transport for survivors
of homicide victims to secure bodies of | deceased victims and to transport
bodies for burial all of | which
may not exceed a maximum of $7,500 and loss of support of | the dependents of
the victim; in the case of dismemberment or | desecration of a body, expenses for funeral and burial, all of | which may not exceed a maximum of $7,500.
Loss of future | earnings shall be reduced by any income from substitute work
| actually performed by the victim or by income he or she would | have earned
in
available appropriate substitute work he or she | was capable of performing
but
unreasonably failed to undertake. | Loss of earnings, loss of future
earnings and loss of support | shall be determined on the basis of the
victim's average net | monthly earnings for the 6 months immediately
preceding the | date of the injury or on $1,250 per month, whichever is less | or, in cases where the absences commenced more than 3 years | from the date of the crime, on the basis of the net monthly | earnings for the 6 months immediately preceding the date of the | first absence, not to exceed $1,250 per month.
If a divorced or | legally separated applicant is claiming loss of support
for a | minor child of the deceased, the amount of support for each | child
shall be based either on the amount of support
pursuant | to the judgment prior to the date of the deceased
victim's | injury or death, or, if the subject of pending litigation filed | by
or on behalf of the divorced or legally separated applicant | prior to the
injury or death, on the result of that litigation. | Real and personal
property includes, but is not limited to, |
| vehicles, houses, apartments,
town houses, or condominiums. | Pecuniary loss does not
include pain and suffering or property | loss or damage.
| (i) "Replacement services loss" means expenses reasonably | incurred in
obtaining ordinary and necessary services in lieu | of those the
injured person would have performed, not for | income, but for the benefit
of himself or herself or his or her | family, if he or she had not
been injured.
| (j) "Dependents replacement services loss" means loss | reasonably incurred
by dependents or private legal guardians of | minor dependents after a victim's death in obtaining ordinary | and necessary
services in lieu of those the victim would have | performed, not for income,
but for their benefit, if he or she | had not been fatally injured.
| (k) "Survivor" means immediate family including a parent, | step-father,
step-mother, child,
brother, sister, or spouse.
| (l) "Parent" means a natural parent, adopted parent, | step-parent, or permanent legal guardian of another person. | (m) "Trafficking tattoo" is a tattoo which is applied to a | victim in connection with the commission of a violation of | Section 10-9 of the Criminal Code of 2012. | (Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10; | 96-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article | 2, Section 1090, eff. 7-1-11; 97-817, eff. 1-1-13; 97-1109, | eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
| (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| Sec. 6.1. Right to compensation. A person is entitled to | compensation
under this Act if:
| (a) Within 2 years of the occurrence of the crime, or | within one year after a criminal charge of a person for an | offense, upon
which the claim
is based, he files an | application, under oath, with the Court of Claims and
on a | form prescribed in accordance with Section 7.1 furnished by | the
Attorney General. If the person entitled to | compensation is under 18 years
of age or under other legal | disability at the time of the occurrence or
becomes legally | disabled as a result of the occurrence, he may file the
| application required by this subsection within 2 years | after
he attains
the age of 18 years or the disability is | removed, as the case may be. Legal disability includes a | diagnosis of posttraumatic stress disorder.
| (b) For all crimes of violence, except those listed in | subsection (b-1) of this Section, the appropriate law | enforcement officials were notified within
72 hours of the | perpetration of the crime allegedly causing the death or
| injury to the victim or, in the event such notification was | made more
than 72 hours after the perpetration of the | crime, the applicant
establishes that such notice was | timely under the circumstances.
| (b-1) For victims of offenses defined in Sections | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, |
| 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | the Criminal Code of 2012, the appropriate law enforcement | officials were notified within 7 days of the perpetration | of the crime allegedly causing death or injury to the | victim or, in the event that the notification was made more | than 7 days after the perpetration of the crime, the | applicant establishes that the notice was timely under the | circumstances.
If the applicant or victim has obtained an | order of protection, a civil no contact order, or a | stalking no contact order, or has presented himself or | herself to a hospital for sexual assault evidence | collection and medical care, such action shall constitute | appropriate notification under this subsection (b-1) or | subsection (b) of this Section.
| (c) The applicant has cooperated with law enforcement
| officials in the apprehension and prosecution of the | assailant. If the applicant or victim has obtained an order | of protection, a civil no contact order, or a stalking no | contact order or has presented himself or herself to a | hospital for sexual assault evidence collection and | medical care, such action shall constitute cooperation | under this subsection (c).
| (d) The applicant is not the offender or an accomplice | of the offender
and the award would not unjustly benefit | the offender or his accomplice.
| (e) The injury to or death of the victim was not |
| substantially attributable
to his own wrongful act and was | not substantially provoked by the victim.
| (f) For victims of offenses defined in Section 10-9 of | the Criminal Code of 2012, the victim submits a statement | under oath on a form prescribed by the Attorney General | attesting that the removed tattoo was applied in connection | with the commission of the offense. | (Source: P.A. 96-1551, eff. 7-1-11; 97-817, eff. 1-1-13; | 97-1150, eff. 1-25-13.)
|
Effective Date: 1/1/2014
|
|
|
|
Translate
