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Public Act 094-0400
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| SB0416 Enrolled |
LRB094 10578 LCB 40878 b |
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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 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, 9-2, 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
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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
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
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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
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violence or prevent the perpetration of any such crime if that
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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,
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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
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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.
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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 |
an illegitimate child.
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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 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, 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
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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 |
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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
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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.
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(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.
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(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.
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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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