Public Act 096-0267
 		





HB2245 Enrolled
LRB096 09476 RLC 19633 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 Sections 2 and 2.5 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, 12-7.1, 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, and 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; so long as the offense 
did not occur 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 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 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 a 
child born out of wedlock.

    (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, licensed 
clinical social
worker, 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 treatment 
facilities; 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
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
 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 $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
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.

    (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.

    (k) "Survivor" means immediate family including a parent, 
step-father,
step-mother, child,
brother, sister, or spouse.

(Source: P.A. 94-229, eff. 1-1-06; 94-399, eff. 1-1-06; 94-400, 
eff. 1-1-06; 94-877, eff. 1-1-07.)

 



    (740 ILCS 45/2.5)


    Sec. 2.5. Felon as victim. Notwithstanding paragraph (d) of 
Section 2,
"victim" does not
include a person who is convicted 
of a felony until that person is discharged
from
probation or 
is released from a correctional institution and has been

discharged from parole or mandatory supervised release, if any.

For purposes of this Section, the death of a felon who is 
serving a term of parole, probation, or mandatory supervised 
release shall be considered a discharge from that sentence. No 
compensation may be granted to an applicant under this Act

during a period
of time that the applicant is held in a 
correctional institution.

    A victim who has been convicted of a felony may apply for 
assistance
under this Act at any time but no award of 
compensation may be considered
until the applicant meets the 
requirements of this Section.

    The changes made to this Section by this amendatory Act of 
the 96th General Assembly apply to actions commenced or pending 
on or after the effective date of this amendatory Act of the 
96th General Assembly. 
(Source: P.A. 91-892, eff. 7-6-00.)


 

    Section 99. Effective date. This Act takes effect upon 
becoming law.