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Public Act 094-0877
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| HB4134 Enrolled |
LRB094 14606 RLC 49553 b |
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AN ACT concerning civil liabilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Crime Victims Compensation Act is amended by |
changing Section 2 as follows:
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(740 ILCS 45/2) (from Ch. 70, par. 72)
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Sec. 2. Definitions. As used in this Act, unless the |
context
otherwise requires:
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(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
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violence for his or her support at the time of the death of |
that victim.
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(b) "Court of Claims" means the Court of Claims created by |
the Court
of Claims Act.
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(c) "Crime of violence" means and includes any offense |
defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, |
11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
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,
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12-14.1, 12-15,
12-16, 12-30, 20-1 or 20-1.1 of the Criminal |
Code of 1961, and driving under
the influence of intoxicating |
liquor or narcotic drugs as defined in Section
11-501 of the |
Illinois Vehicle Code, if none of the said offenses
occurred
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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
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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 |
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terrorism as defined in 18 U.S.C. 2331.
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(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
parent of a person
child |
killed or injured in this State as a result of a crime of
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violence perpetrated or attempted against the person
child, (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 man under the circumstances,
(4) a |
person killed or injured in this State while assisting a law
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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
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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
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result of a crime of violence, or (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
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crimes law for which that Illinois resident is eligible.
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(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.
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(f) "Relative" means a spouse, parent, grandparent, |
stepfather, stepmother,
child, grandchild, brother, |
brother-in-law, sister, sister-in-law, half
brother, half |
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sister, spouse's parent, nephew, niece, uncle or aunt.
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(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.
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(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
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counseling by a licensed clinical psychologist, licensed |
clinical social
worker, 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 treatment |
facilities; prosthetic appliances, eyeglasses, and
hearing |
aids necessary or damaged as a result of the
crime; replacement |
costs for clothing and bedding used as evidence; costs
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associated with temporary lodging or relocation necessary as a
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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,
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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 $1000 per month;
dependents replacement
services loss, to a |
maximum of $1000 per month; loss of tuition paid to
attend |
grammar school or high school when the victim had been enrolled |
as a
full-time student prior to the injury, or college or |
graduate school when
the victim had been enrolled as a |
full-time 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; |
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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 $5,000 and loss of support of the |
dependents of
the victim.
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
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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 $1000 per month, whichever is less.
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.
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(i) "Replacement services loss" means expenses reasonably |
incurred in
obtaining ordinary and necessary services in lieu |
of those the permanently
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 permanently |
injured.
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(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 |
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performed, not for income,
but for their benefit, if he or she |
had not been fatally injured.
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(k) "Survivor" means immediate family including a parent, |
step-father,
step-mother, child,
brother, sister, or spouse.
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(Source: P.A. 94-229, eff. 1-1-06; 94-399, eff. 1-1-06; 94-400, |
eff. 1-1-06; revised 8-19-05.)
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