State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0427

HB2865 Enrolled                                LRB9202411RCcd

    AN ACT concerning crime victims.

    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,  12-3.3,  12-4,
12-4.1,  12-4.2,  12-4.3, 12-5, 12-7.3, 12-7.4, 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, 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 who personally witnessed a violent  crime
perpetrated or attempted against a relative, (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, 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; replacement
costs for  clothing  and  bedding  used  as  evidence;  costs
associated  with temporary lodging or relocation necessary as
a result of the 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 $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, expenses for  funeral,  and  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 expenses to 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  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.
    (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.
    (k) "Survivor" means immediate family including a parent,
step-father, step-mother, child, brother, sister, or spouse.
(Source: P.A.  90-136,  eff.  1-1-98;  90-492,  eff. 8-17-97;
90-655, eff.  7-30-98;  90-708,  eff.  8-7-98;  91-258,  eff.
1-1-00; 91-445, eff. 1-1-00; 91-892, eff. 7-6-00.)

    (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
    Sec.   10.1.  Amount  of  compensation.   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, $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. 90-708, eff. 8-7-98.)
    Passed in the General Assembly May 22, 2001.
    Approved August 17, 2001.

[ Top ]