Public Act 90-0708 of the 90th General Assembly
Public Act 90-0708
HB3280 Enrolled LRB9009119SMdv
AN ACT to amend the Crime Victims Compensation Act by
changing Sections 2 and 10.1.
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 10.1 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, 9-2, 9-3, 10-1, 10-2, 11-11,
11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-5, 12-13, 12-14, 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, and if none of the said offenses occurred
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 parent of a child
killed or injured in this State as a result of a crime of
violence perpetrated or attempted against the 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 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
under the age of 18 child who personally witnessed a violent
crime perpetrated or attempted against a relative and, 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,
or half sister of a person killed or injured in this State as
a 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 crimes law for which that Illinois resident is
eligible.
(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 an illegitimate child.
(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 or licensed
clinical social worker and expenses for treatment by
Christian Science practitioners and nursing care appropriate
thereto; prosthetic appliances, eyeglasses, and hearing aids
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; 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; loss of earnings,
loss of future earnings because of disability resulting from
the injury, and, in addition, in the case of death, funeral
and burial expenses to a maximum of $5,000 $3000 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 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 the minor child
received pursuant to the judgment for the 6 months 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 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.
(j) "Dependents replacement services loss" means loss
reasonably incurred by 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.
(Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 90-136, eff. 1-1-98; 90-492, eff.
8-17-97; revised 11-14-97.)
(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
Sec. 10.1. The amount of compensation to which an
applicant and other persons is entitled shall be based on the
following factors:
(a) a victim may be compensated for his or her pecuniary
loss;
(b) a dependent may be compensated for loss of support;
(c) any person related to the victim, even though not
dependent upon the victim for his or her support, may be
compensated for reasonable funeral, medical and hospital
expenses of the victim to the extent to which he or she has
paid or become obligated to pay such expenses and only after
compensation for reasonable funeral, medical and hospital
expenses of the victim have been awarded may compensation be
made for reasonable expenses of the victim incurred for
psychological treatment of a mental or emotional condition
caused or aggravated by the crime;
(d) an award shall be reduced or denied according to the
extent to which the victim's acts or conduct provoked or
contributed to his or her injury or death, or the extent to
which any prior criminal conviction or conduct of the victim
may have directly or indirectly contributed to the injury or
death of the victim;
(e) an award shall be reduced by the amount of benefits,
payments or awards payable under those sources which are
required to be listed under item (7) of Section 7.1(a) and
any other sources except annuities, pension plans, Federal
Social Security payments payable to dependents of the victim
and the net proceeds of the first $25,000 of life insurance
that would inure to the benefit of the applicant, which the
applicant or any other person dependent for the support of a
deceased victim, as the case may be, has received or to which
he or she is entitled as a result of injury to or death of
the victim.
(f) A final award shall not exceed $10,000 for a crime
committed prior to September 22, 1979, $15,000 for a crime
committed on or after September 22, 1979 and prior to January
1, 1986, or $25,000 for a crime committed on or after January
1, 1986 and prior to the effective date of this amendatory
Act of 1998, or $27,000 for a crime committed on or after the
effective date of this amendatory Act of 1998. If the total
pecuniary loss is greater than the maximum amount allowed,
the award shall be divided in proportion to the amount of
actual loss among those entitled to compensation;
(g) compensation under this Act is a secondary source of
compensation and the applicant must show that he or she has
exhausted the benefits reasonably available under the
Criminal Victims' Escrow Account Act or any governmental or
medical or health insurance programs, including, but not
limited to Workers' Compensation, the Federal Medicare
program, the State Public Aid program, Social Security
Administration burial benefits, Veterans Administration
burial benefits, and life, health, accident or liability
insurance.
(Source: P.A. 86-1009; 87-605.)
Section 99. Effective date. This Act takes effect upon
becoming law.