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| Public Act 098-0435 | ||||
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AN ACT concerning civil law.
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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 Sections 2 and 6.1 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, 9-1.2, 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,
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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
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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.
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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
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
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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, (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, (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.
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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 | ||
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, 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
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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
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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.
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(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.
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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 | ||
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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(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.)
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(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
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Sec. 6.1. Right to compensation. A person is entitled to | ||
compensation
under this Act if:
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(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
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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.
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(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
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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.
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(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.
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(c) The applicant has cooperated with law enforcement
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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).
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(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.
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(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.
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(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.)
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