Illinois General Assembly - Full Text of Public Act 099-0671
Illinois General Assembly

Previous General Assemblies

Public Act 099-0671


 

Public Act 0671 99TH GENERAL ASSEMBLY



 


 
Public Act 099-0671
 
HB5472 EnrolledLRB099 17592 HEP 41950 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The Rights of Crime Victims and Witnesses Act is
amended by changing Section 3 as follows:
 
    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
    Sec. 3. The terms used in this Act shall have the following
meanings:
     (a) "Crime victim" or "victim" means: (1) any natural
person determined by the prosecutor or the court to have
suffered direct physical or psychological harm as a result of a
violent crime perpetrated or attempted against that person or
direct physical or psychological harm as a result of (i) a
violation of Section 11-501 of the Illinois Vehicle Code or
similar provision of a local ordinance or (ii) a violation of
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012; (2) in the case of a crime victim who is under 18 years
of age or an adult victim who is incompetent or incapacitated,
both parents, legal guardians, foster parents, or a single
adult representative; (3) in the case of an adult deceased
victim, 2 representatives who may be the spouse, parent, child
or sibling of the victim, or the representative of the victim's
estate; and (4) an immediate family member of a victim under
clause (1) of this paragraph (a) chosen by the victim. If the
victim is 18 years of age or over, the victim may choose any
person to be the victim's representative. In no event shall the
defendant or any person who aided and abetted in the commission
of the crime be considered a victim, a crime victim, or a
representative of the victim.
    A board, agency, or other governmental entity making
decisions regarding an offender's release, sentence reduction,
or clemency can determine additional persons are victims for
the purpose of its proceedings. person with a disability
    (a-3) "Advocate" means a person whose communications with
the victim are privileged under Section 8-802.1 or 8-802.2 of
the Code of Civil Procedure, or Section 227 of the Illinois
Domestic Violence Act of 1986.
    (a-5) "Confer" means to consult together, share
information, compare opinions and carry on a discussion or
deliberation.
    (a-7) "Sentence" includes, but is not limited to, the
imposition of sentence, a request for a reduction in sentence,
parole, mandatory supervised release, aftercare release, early
release, clemency, or a proposal that would reduce the
defendant's sentence or result in the defendant's release.
"Early release" refers to a discretionary release.
    (a-9) "Sentencing" includes, but is not limited to, the
imposition of sentence and a request for a reduction in
sentence, parole, mandatory supervised release, aftercare
release, or early release.
    (b) "Witness" means: any person who personally observed the
commission of a crime and who will testify on behalf of the
State of Illinois; or a person who will be called by the
prosecution to give testimony establishing a necessary nexus
between the offender and the violent crime.
    (c) "Violent crime Crime" means: (1) any felony in which
force or threat of force was used against the victim; (2) any
offense involving sexual exploitation, sexual conduct, or
sexual penetration; (3) a violation of Section 11-20.1,
11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or
the Criminal Code of 2012; (4) domestic battery or , stalking;
(5) violation of an order of protection, a civil no contact
order, or a stalking no contact order; (6) any misdemeanor
which results in death or great bodily harm to the victim; or
(7) any violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, or Section 11-501 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, if
the violation resulted in personal injury or death. "Violent
crime" includes any action committed by a juvenile that would
be a violent crime if committed by an adult. For the purposes
of this paragraph, "personal injury" shall include any Type A
injury as indicated on the traffic accident report completed by
a law enforcement officer that requires immediate professional
attention in either a doctor's office or medical facility. A
type A injury shall include severely bleeding wounds, distorted
extremities, and injuries that require the injured party to be
carried from the scene.
    (d) (Blank).
    (e) "Court proceedings" includes, but is not limited to,
the preliminary hearing, any post-arraignment hearing the
effect of which may be the release of the defendant from
custody or to alter the conditions of bond, change of plea
hearing, the trial, any pretrial or post-trial hearing,
sentencing, any oral argument or hearing before an Illinois
appellate court, any hearing under the Mental Health and
Developmental Disabilities Code after a finding that the
defendant is not guilty by reason of insanity, any hearing
related to a modification of sentence, probation revocation
hearing, aftercare release or parole hearings, post-conviction
relief proceedings, habeas corpus proceedings and clemency
proceedings related to the defendant's conviction or sentence.
For purposes of the victim's right to be present, "court
proceedings" does not include (1) hearings under Section 109-1
of the Code of Criminal Procedure of 1963, (2) grand jury
proceedings, (3) status hearings, or (4) the issuance of an
order or decision of an Illinois court that dismisses a charge,
reverses a conviction, reduces a sentence, or releases an
offender under a court rule.
    (f) "Concerned citizen" includes relatives of the victim,
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
    (g) "Victim's attorney" means an attorney retained by the
victim for the purposes of asserting the victim's
constitutional and statutory rights. An attorney retained by
the victim means an attorney who is hired to represent the
victim at the victim's expense or an attorney who has agreed to
provide pro bono representation. Nothing in this statute
creates a right to counsel at public expense for a victim.
(Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15;
99-413, eff. 8-20-15; revised 10-19-15.)
 
    Section 5. The Crime Victims Compensation Act is amended by
changing Section 2 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, (5.05) a person who will be called
as a witness by the prosecution to establish a necessary nexus
between the offender and the 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. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)

Effective Date: 1/1/2017