State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB5 Enrolled                                   LRB9100729RCks

 1        AN  ACT  to  amend  the Crime Victims Compensation Act by
 2    changing Section 2.

 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 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, 12-4, 12-4.1,
22    12-4.2, 12-4.3, 12-5, 12-13, 12-14,  12-14.1,  12-15,  12-16,
23    12-30,  20-1  or  20-1.1  of  the  Criminal Code of 1961, and
24    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
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 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)  and,
20    solely  for  the  purpose  of compensating for pecuniary loss
21    incurred for psychological treatment of a mental or emotional
22    condition caused or aggravated by the crime, any other person
23    under the age of 18 who is the brother, sister, half brother,
24    or half sister, or child of a person  killed  or  injured  in
25    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
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 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
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 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  support  the  minor  child
16    received  pursuant  to the judgment for the 6 months prior 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
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 1    their benefit, if he or she had not been fatally injured.
 2    (Source: P.A.  89-313,  eff.  1-1-96;  89-428, eff. 12-13-95;
 3    89-462, eff.  5-29-96;  90-136,  eff.  1-1-98;  90-492,  eff.
 4    8-17-97; 90-655, eff. 7-30-98; 90-708, eff. 8-7-98.)

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