Illinois Compiled Statutes
Information maintained by the Legislative
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740 ILCS 45/2
(740 ILCS 45/2)
(from Ch. 70, par. 72)
As used in this Act, unless the context
(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, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-3, 12-3.1, 12-3.2,
12-3.4, 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,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of the Stalking No Contact Order Act, Section 219 of the Civil No Contact Order Act, driving under
the influence as defined in Section
11-501 of the Illinois Vehicle Code, 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, and a violation of Section 11-204.1 of the Illinois Vehicle Code; so long as the offense did not occur
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,
spouse or 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 person 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, (5.05) a person who will be called as a witness by the prosecution to establish a necessary nexus between the offender and the 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, (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, (7) a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence, or (8) 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 parent, spouse, or child under the age of 18 of a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence.
(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
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, licensed professional counselor, 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 counseling treatment facilities; prosthetic appliances, eyeglasses, and
hearing aids necessary or damaged as a result of the
crime; costs associated with trafficking tattoo removal by a person authorized or licensed to perform the specific removal procedure; 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;
services loss, to a maximum of $1,250 per month;
services loss, to a maximum of $1,250 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
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 $7,500 and loss of support of the dependents of
the victim; in the case of dismemberment or desecration of a body, expenses for funeral and burial, all of which may not exceed a maximum of $7,500.
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
available appropriate substitute work he or she was capable of performing
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 $1,250 per month, whichever is less or, in cases where the absences commenced more than 3 years from the date of the crime, on the basis of the net monthly earnings for the 6 months immediately preceding the date of the first absence, not to exceed $1,250 per month.
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
(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,
brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent, step-parent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a victim in connection with the commission of a violation of Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 98-435, eff. 1-1-14; 99-671, eff. 1-1-17