State of Illinois
91st General Assembly
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Public Act 91-0258

SB5 Enrolled                                   LRB9100729RCks

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

    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 Section 2 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,  12-4,  12-4.1,
12-4.2,  12-4.3,  12-5,  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, 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  child
killed  or  injured  in  this State as a result of a crime of
violence perpetrated or attempted against the  child,  (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
under the age of 18 who personally witnessed a violent  crime
perpetrated  or  attempted  against  a  relative,  (5.1) and,
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,
or  half  sister,  or  child 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 an illegitimate child.
    (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  or  licensed
clinical   social   worker  and  expenses  for  treatment  by
Christian Science practitioners and nursing care  appropriate
thereto;  prosthetic appliances, eyeglasses, and hearing aids
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;  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  full-time  student
prior  to  the injury, or college or graduate school when the
victim had been enrolled as a full-time 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, funeral
and burial expenses to  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  the  minor child
received pursuant to the judgment for the 6 months  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  permanently  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 permanently injured.
    (j)  "Dependents replacement services  loss"  means  loss
reasonably  incurred  by 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.
(Source: P.A. 89-313, eff.  1-1-96;  89-428,  eff.  12-13-95;
89-462,  eff.  5-29-96;  90-136,  eff.  1-1-98;  90-492, eff.
8-17-97; 90-655, eff. 7-30-98; 90-708, eff. 8-7-98.)

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