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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB4097eng HB4097 Engrossed LRB9111811OBmg 1 AN ACT to amend the Crime Victims Compensation Act by 2 changing Section 2 and adding Section 2.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Crime Victims Compensation Act is amended 6 by changing Section 2 and adding Section 2.5 as follows: 7 (740 ILCS 45/2) (from Ch. 70, par. 72) 8 Sec. 2. Definitions. As used in this Act, unless the 9 context otherwise requires: 10 (a) "Applicant" means any person who applies for 11 compensation under this Act or any person the Court of Claims 12 finds is entitled to compensation, including the guardian of 13 a minor or of a person under legal disability. It includes 14 any person who was a dependent of a deceased victim of a 15 crime of violence for his or her support at the time of the 16 death of that victim. 17 (b) "Court of Claims" means the Court of Claims created 18 by the Court of Claims Act. 19 (c) "Crime of violence" means and includes any offense 20 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 21 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4, 22 12-4.1, 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 23 12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961, 24 and driving under the influence of intoxicating liquor or 25 narcotic drugs as defined in Section 11-501 of the Illinois 26 Vehicle Code, if none of the said offenses occurred during a 27 civil riot, insurrection or rebellion. "Crime of violence" 28 does not include any other offense or accident involving a 29 motor vehicle except those vehicle offenses specifically 30 provided for in this paragraph. "Crime of violence" does 31 include all of the offenses specifically provided for in this HB4097 Engrossed -2- LRB9111811OBmg 1 paragraph that occur within this State but are subject to 2 federal jurisdiction and crimes involving terrorism as 3 defined in 18 U.S.C. 2331. 4 (d) "Victim" means (1) a person killed or injured in 5 this State as a result of a crime of violence perpetrated or 6 attempted against him or her, (2) the parent of a child 7 killed or injured in this State as a result of a crime of 8 violence perpetrated or attempted against the child, (3) a 9 person killed or injured in this State while attempting to 10 assist a person against whom a crime of violence is being 11 perpetrated or attempted, if that attempt of assistance would 12 be expected of a reasonable man under the circumstances, (4) 13 a person killed or injured in this State while assisting a 14 law enforcement official apprehend a person who has 15 perpetrated a crime of violence or prevent the perpetration 16 of any such crime if that assistance was in response to the 17 express request of the law enforcement official, (5) a person 18 under the age of 18 who personally witnessed a violent crime 19 perpetrated or attempted against a relative, (5.1) solely for 20 the purpose of compensating for pecuniary loss incurred for 21 psychological treatment of a mental or emotional condition 22 caused or aggravated by the crime, any other person under the 23 age of 18 who is the brother, sister, half brother, half 24 sister,orchild, or stepchild of a person killed or injured 25 in this State as a result of a crime of violence, or (6) an 26 Illinois resident who is a victim of a "crime of violence" as 27 defined in this Act except, if the crime occurred outside 28 this State, the resident has the same rights under this Act 29 as if the crime had occurred in this State upon a showing 30 that the state, territory, country, or political subdivision 31 of a country in which the crime occurred does not have a 32 compensation of victims of crimes law for which that Illinois 33 resident is eligible. 34 (e) "Dependent" means a relative of a deceased victim HB4097 Engrossed -3- LRB9111811OBmg 1 who was wholly or partially dependent upon the victim's 2 income at the time of his or her death and shall include the 3 child of a victim born after his or her death. 4 (f) "Relative" means a spouse, parent, grandparent, 5 stepfather, stepmother, child, grandchild, brother, 6 brother-in-law, sister, sister-in-law, half brother, half 7 sister, spouse's parent, nephew, niece, uncle or aunt. 8 (g) "Child" means an unmarried son or daughter who is 9 under 18 years of age and includes a stepchild, an adopted 10 child or an illegitimate child. 11 (h) "Pecuniary loss" means, in the case of injury, 12 appropriate medical expenses and hospital expenses including 13 expenses of medical examinations, rehabilitation, medically 14 required nursing care expenses, appropriate psychiatric care 15 or psychiatric counseling expenses, expenses for care or 16 counseling by a licensed clinical psychologist or licensed 17 clinical social worker and expenses for treatment by 18 Christian Science practitioners and nursing care appropriate 19 thereto; prosthetic appliances, eyeglasses, and hearing aids 20 necessary or damaged as a result of the crime; the purchase, 21 lease, or rental of equipment necessary to create usability 22 of and accessibility to the victim's real and personal 23 property, or the real and personal property which is used by 24 the victim, necessary as a result of the crime; replacement 25 services loss, to a maximum of $1000 per month; dependents 26 replacement services loss, to a maximum of $1000 per month; 27 loss of tuition paid to attend grammar school or high school 28 when the victim had been enrolled as a full-time student 29 prior to the injury, or college or graduate school when the 30 victim had been enrolled as a full-time day or night student 31 prior to the injury when the victim becomes unable to 32 continue attendance at school as a result of the crime of 33 violence perpetrated against him or her; loss of earnings, 34 loss of future earnings because of disability resulting from HB4097 Engrossed -4- LRB9111811OBmg 1 the injury, and, in addition, in the case of death, funeral 2 and burial expenses to a maximum of $5,000 and loss of 3 support of the dependents of the victim. Loss of future 4 earnings shall be reduced by any income from substitute work 5 actually performed by the victim or by income he or she would 6 have earned in available appropriate substitute work he or 7 she was capable of performing but unreasonably failed to 8 undertake. Loss of earnings, loss of future earnings and 9 loss of support shall be determined on the basis of the 10 victim's average net monthly earnings for the 6 months 11 immediately preceding the date of the injury or on $1000 per 12 month, whichever is less. If a divorced or legally separated 13 applicant is claiming loss of support for a minor child of 14 the deceased, the amount of support for each child shall be 15 based either on the amount of supportthe minor child16receivedpursuant to the judgmentfor the 6 monthsprior to 17 the date of the deceased victim's injury or death, or, if the 18 subject of pending litigation filed by or on behalf of the 19 divorced or legally separated applicant prior to the injury 20 or death, on the result of that litigation. Real and 21 personal property includes, but is not limited to, vehicles, 22 houses, apartments, town houses, or condominiums. Pecuniary 23 loss does not include pain and suffering or property loss or 24 damage. 25 (i) "Replacement services loss" means expenses 26 reasonably incurred in obtaining ordinary and necessary 27 services in lieu of those the permanently injured person 28 would have performed, not for income, but for the benefit of 29 himself or herself or his or her family, if he or she had not 30 been permanently injured. 31 (j) "Dependents replacement services loss" means loss 32 reasonably incurred by dependents after a victim's death in 33 obtaining ordinary and necessary services in lieu of those 34 the victim would have performed, not for income, but for HB4097 Engrossed -5- LRB9111811OBmg 1 their benefit, if he or she had not been fatally injured. 2 (Source: P.A. 90-136, eff. 1-1-98; 90-492, eff. 8-17-97; 3 90-655, eff. 7-30-98; 90-708, eff. 8-7-98; 91-258, eff. 4 1-1-00; 91-445, eff. 1-1-00; revised 10-14-99.) 5 (740 ILCS 45/2.5 new) 6 Sec. 2.5. Felon as victim. Notwithstanding paragraph 7 (d) of Section 2, "victim" does not include a person who is 8 convicted of a felony until that person is discharged from 9 probation or is released from a correctional institution and 10 has been discharged from parole, if any. No compensation 11 may be granted to an applicant under this Act during a period 12 of time that the applicant is held in a correctional 13 institution. 14 A victim who has been convicted of a felony may apply for 15 assistance under this Act at any time but no award of 16 compensation may be considered until the applicant meets the 17 requirements of this Section. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.