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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_HB2865eng HB2865 Engrossed LRB9202411RCcd 1 AN ACT concerning crime victims. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Crime Victims Compensation Act is amended 5 by changing Sections 2 and 10.1 as follows: 6 (740 ILCS 45/2) (from Ch. 70, par. 72) 7 Sec. 2. Definitions. As used in this Act, unless the 8 context otherwise requires: 9 (a) "Applicant" means any person who applies for 10 compensation under this Act or any person the Court of Claims 11 finds is entitled to compensation, including the guardian of 12 a minor or of a person under legal disability. It includes 13 any person who was a dependent of a deceased victim of a 14 crime of violence for his or her support at the time of the 15 death of that victim. 16 (b) "Court of Claims" means the Court of Claims created 17 by the Court of Claims Act. 18 (c) "Crime of violence" means and includes any offense 19 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 20 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4, 21 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.3, 12-7.4, 12-13, 12-14, 22 12-14.1, 12-15, 12-16, 12-30, 20-1 or 20-1.1 of the Criminal 23 Code of 1961, and driving under the influence of intoxicating 24 liquor or narcotic drugs as defined in Section 11-501 of the 25 Illinois Vehicle Code, if none of the said offenses occurred 26 during a civil riot, insurrection or rebellion. "Crime of 27 violence" does not include any other offense or accident 28 involving a motor vehicle except those vehicle offenses 29 specifically provided for in this paragraph. "Crime of 30 violence" does include all of the offenses specifically 31 provided for in this paragraph that occur within this State HB2865 Engrossed -2- LRB9202411RCcd 1 but are subject to federal jurisdiction and crimes involving 2 terrorism as defined in 18 U.S.C. 2331. 3 (d) "Victim" means (1) a person killed or injured in 4 this State as a result of a crime of violence perpetrated or 5 attempted against him or her, (2) the parent of a child 6 killed or injured in this State as a result of a crime of 7 violence perpetrated or attempted against the child, (3) a 8 person killed or injured in this State while attempting to 9 assist a person against whom a crime of violence is being 10 perpetrated or attempted, if that attempt of assistance would 11 be expected of a reasonable man under the circumstances, (4) 12 a person killed or injured in this State while assisting a 13 law enforcement official apprehend a person who has 14 perpetrated a crime of violence or prevent the perpetration 15 of any such crime if that assistance was in response to the 16 express request of the law enforcement official, (5) a person 17under the age of 18who personally witnessed a violent crime 18perpetrated or attempted against a relative, (5.1) solely for 19 the purpose of compensating for pecuniary loss incurred for 20 psychological treatment of a mental or emotional condition 21 caused or aggravated by the crime, any other person under the 22 age of 18 who is the brother, sister, half brother, half 23 sister, child, or stepchild of a person killed or injured in 24 this State as a result of a crime of violence, or (6) an 25 Illinois resident who is a victim of a "crime of violence" as 26 defined in this Act except, if the crime occurred outside 27 this State, the resident has the same rights under this Act 28 as if the crime had occurred in this State upon a showing 29 that the state, territory, country, or political subdivision 30 of a country in which the crime occurred does not have a 31 compensation of victims of crimes law for which that Illinois 32 resident is eligible. 33 (e) "Dependent" means a relative of a deceased victim 34 who was wholly or partially dependent upon the victim's HB2865 Engrossed -3- LRB9202411RCcd 1 income at the time of his or her death and shall include the 2 child of a victim born after his or her death. 3 (f) "Relative" means a spouse, parent, grandparent, 4 stepfather, stepmother, child, grandchild, brother, 5 brother-in-law, sister, sister-in-law, half brother, half 6 sister, spouse's parent, nephew, niece, uncle or aunt. 7 (g) "Child" means an unmarried son or daughter who is 8 under 18 years of age and includes a stepchild, an adopted 9 child or an illegitimate child. 10 (h) "Pecuniary loss" means, in the case of injury, 11 appropriate medical expenses and hospital expenses including 12 expenses of medical examinations, rehabilitation, medically 13 required nursing care expenses, appropriate psychiatric care 14 or psychiatric counseling expenses, expenses for care or 15 counseling by a licensed clinical psychologist or licensed 16 clinical social worker and expenses for treatment by 17 Christian Science practitioners and nursing care appropriate 18 thereto; prosthetic appliances, eyeglasses,andhearing aids, 19 and locks or windows necessary or damaged as a result of the 20 crime; replacement costs for clothing and bedding used as 21 evidence; costs associated with temporary lodging or 22 relocation necessary as a result of the crime; the purchase, 23 lease, or rental of equipment necessary to create usability 24 of and accessibility to the victim's real and personal 25 property, or the real and personal property which is used by 26 the victim, necessary as a result of the crime; the costs of 27 appropriate crime scene clean-up; replacement services loss, 28 to a maximum of $1000 per month; dependents replacement 29 services loss, to a maximum of $1000 per month; loss of 30 tuition paid to attend grammar school or high school when the 31 victim had been enrolled as a full-time student prior to the 32 injury, or college or graduate school when the victim had 33 been enrolled as a full-time day or night student prior to 34 the injury when the victim becomes unable to continue HB2865 Engrossed -4- LRB9202411RCcd 1 attendance at school as a result of the crime of violence 2 perpetrated against him or her; loss of earnings, loss of 3 future earnings because of disability resulting from the 4 injury, and, in addition, in the case of death, expenses for 5 funeral,andburial, and travel and transport for survivors 6 of homicide victims to secure bodies of deceased victims from 7 another country or state and to transport bodies to the 8 appropriate country or state for burial all of which may not 9 exceedexpenses toa maximum of $5,000 and loss of support of 10 the dependents of the victim. Loss of future earnings shall 11 be reduced by any income from substitute work actually 12 performed by the victim or by income he or she would have 13 earned in available appropriate substitute work he or she was 14 capable of performing but unreasonably failed to undertake. 15 Loss of earnings, loss of future earnings and loss of support 16 shall be determined on the basis of the victim's average net 17 monthly earnings for the 6 months immediately preceding the 18 date of the injury or on $1000 per month, whichever is less. 19 If a divorced or legally separated applicant is claiming loss 20 of support for a minor child of the deceased, the amount of 21 support for each child shall be based either on the amount of 22 support pursuant to the judgment prior to the date of the 23 deceased victim's injury or death, or, if the subject of 24 pending litigation filed by or on behalf of the divorced or 25 legally separated applicant prior to the injury or death, on 26 the result of that litigation. Real and personal property 27 includes, but is not limited to, vehicles, houses, 28 apartments, town houses, or condominiums. Pecuniary loss 29 does not include pain and suffering or property loss or 30 damage. 31 (i) "Replacement services loss" means expenses 32 reasonably incurred in obtaining ordinary and necessary 33 services in lieu of those the permanently injured person 34 would have performed, not for income, but for the benefit of HB2865 Engrossed -5- LRB9202411RCcd 1 himself or herself or his or her family, if he or she had not 2 been permanently injured. 3 (j) "Dependents replacement services loss" means loss 4 reasonably incurred by dependents after a victim's death in 5 obtaining ordinary and necessary services in lieu of those 6 the victim would have performed, not for income, but for 7 their benefit, if he or she had not been fatally injured. 8 (Source: P.A. 90-136, eff. 1-1-98; 90-492, eff. 8-17-97; 9 90-655, eff. 7-30-98; 90-708, eff. 8-7-98; 91-258, eff. 10 1-1-00; 91-445, eff. 1-1-00; 91-892, eff. 7-6-00.) 11 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1) 12 Sec. 10.1. Amount of compensation. The amount of 13 compensation to which an applicant and other persons is 14 entitled shall be based on the following factors: 15 (a) a victim may be compensated for his or her pecuniary 16 loss; 17 (b) a dependent may be compensated for loss of support; 18 (c) any personrelated to the victim, even though not 19 dependent upon the victim for his or her support, may be 20 compensated for reasonable funeral, medical and hospital 21 expenses of the victim to the extent to which he or she has 22 paid or become obligated to pay such expenses and only after 23 compensation for reasonable funeral, medical and hospital 24 expenses of the victim have been awarded may compensation be 25 made for reasonable expenses of the victim incurred for 26 psychological treatment of a mental or emotional condition 27 caused or aggravated by the crime; 28 (d) an award shall be reduced or denied according to the 29 extent to which the victim's acts or conduct provoked or 30 contributed to his or her injury or death, or the extent to 31 which any prior criminal conviction or conduct of the victim 32 may have directly or indirectly contributed to the injury or 33 death of the victim; HB2865 Engrossed -6- LRB9202411RCcd 1 (e) an award shall be reduced by the amount of benefits, 2 payments or awards payable under those sources which are 3 required to be listed under item (7) of Section 7.1(a) and 4 any other sources except annuities, pension plans, Federal 5 Social Security payments payable to dependents of the victim 6 and the net proceeds of the first $25,000 of life insurance 7 that would inure to the benefit of the applicant, which the 8 applicant or any other person dependent for the support of a 9 deceased victim, as the case may be, has received or to which 10 he or she is entitled as a result of injury to or death of 11 the victim. 12 (f) A final award shall not exceed $10,000 for a crime 13 committed prior to September 22, 1979, $15,000 for a crime 14 committed on or after September 22, 1979 and prior to January 15 1, 1986, $25,000 for a crime committed on or after January 1, 16 1986 and prior to the effective date of this amendatory Act 17 of 1998, or $27,000 for a crime committed on or after the 18 effective date of this amendatory Act of 1998. If the total 19 pecuniary loss is greater than the maximum amount allowed, 20 the award shall be divided in proportion to the amount of 21 actual loss among those entitled to compensation; 22 (g) compensation under this Act is a secondary source of 23 compensation and the applicant must show that he or she has 24 exhausted the benefits reasonably available under the 25 Criminal Victims' Escrow Account Act or any governmental or 26 medical or health insurance programs, including, but not 27 limited to Workers' Compensation, the Federal Medicare 28 program, the State Public Aid program, Social Security 29 Administration burial benefits, Veterans Administration 30 burial benefits, and life, health, accident or liability 31 insurance. 32 (Source: P.A. 90-708, eff. 8-7-98.)