Public Act 094-0399
 		





HB1134 Enrolled
LRB094 10411 LCB 40681 b






    AN ACT concerning civil law.

 
    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 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, 9-2, 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 who personally
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
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, or licensed clinical professional 
counselor 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, 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 $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. 91-258, eff. 1-1-00; 91-445, eff. 1-1-00;
91-892, 
eff. 7-6-00; 92-427, eff. 1-1-02.)