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Public Act 099-0671 | ||||
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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 3. The Rights of Crime Victims and Witnesses Act is | ||||
amended by changing Section 3 as follows:
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(725 ILCS 120/3) (from Ch. 38, par. 1403)
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Sec. 3. The terms used in this Act shall have the following | ||||
meanings:
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(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
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(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 .
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(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
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carried from the scene.
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(d) (Blank).
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(e) "Court proceedings" includes, but is not limited to, | ||
the preliminary hearing, any post-arraignment hearing the
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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.
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(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.)
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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, 9-1.2, 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, (5.05) 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
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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
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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.
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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. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13; | ||
97-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)
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