100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4155

 

Introduced , by Rep. Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 45/2  from Ch. 70, par. 72
740 ILCS 45/6.1  from Ch. 70, par. 76.1

    Amends the Crime Victims Compensation Act. Provides that "pecuniary loss" includes appropriate psychiatric care or psychiatric counseling expenses and expenses for care or counseling by a licensed clinical psychologist, licensed clinical social worker, licensed professional counselor, or licensed clinical professional counselor provided to an applicant either before or after and in connection with a parole or clemency hearing for the person who committed the crime. Provides that an applicant is entitled to compensation for care or counseling received in connection with a parole or clemency hearing for the person who committed the crime if the applicant applies for compensation within one year after the hearing.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4155LRB100 13584 HEP 28203 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Crime Victims Compensation Act is amended by
5changing Sections 2 and 6.1 as follows:
 
6    (740 ILCS 45/2)  (from Ch. 70, par. 72)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Applicant" means any person who applies for
10compensation under this Act or any person the Court of Claims
11finds is entitled to compensation, including the guardian of a
12minor or of a person under legal disability. It includes any
13person who was a dependent of a deceased victim of a crime of
14violence for his or her support at the time of the death of
15that victim.
16    (b) "Court of Claims" means the Court of Claims created by
17the Court of Claims Act.
18    (c) "Crime of violence" means and includes any offense
19defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
2010-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2111-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,
2212-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3,
2312-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15,

 

 

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112-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05
2except for subdivision (a)(4) or (g)(1), or subdivision (a)(4)
3of Section 11-14.4, of the Criminal Code of 1961 or the
4Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery
5Protection Act, Section 125 of the Stalking No Contact Order
6Act, Section 219 of the Civil No Contact Order Act, driving
7under the influence as defined in Section 11-501 of the
8Illinois Vehicle Code, a violation of Section 11-401 of the
9Illinois Vehicle Code, provided the victim was a pedestrian or
10was operating a vehicle moved solely by human power or a
11mobility device at the time of contact, and a violation of
12Section 11-204.1 of the Illinois Vehicle Code; so long as the
13offense did not occur during a civil riot, insurrection or
14rebellion. "Crime of violence" does not include any other
15offense or accident involving a motor vehicle except those
16vehicle offenses specifically provided for in this paragraph.
17"Crime of violence" does include all of the offenses
18specifically provided for in this paragraph that occur within
19this State but are subject to federal jurisdiction and crimes
20involving terrorism as defined in 18 U.S.C. 2331.
21    (d) "Victim" means (1) a person killed or injured in this
22State as a result of a crime of violence perpetrated or
23attempted against him or her, (2) the spouse or parent of a
24person killed or injured in this State as a result of a crime
25of violence perpetrated or attempted against the person, (3) a
26person killed or injured in this State while attempting to

 

 

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1assist a person against whom a crime of violence is being
2perpetrated or attempted, if that attempt of assistance would
3be expected of a reasonable person under the circumstances, (4)
4a person killed or injured in this State while assisting a law
5enforcement official apprehend a person who has perpetrated a
6crime of violence or prevent the perpetration of any such crime
7if that assistance was in response to the express request of
8the law enforcement official, (5) a person who personally
9witnessed a violent crime, (5.05) a person who will be called
10as a witness by the prosecution to establish a necessary nexus
11between the offender and the violent crime, (5.1) solely for
12the purpose of compensating for pecuniary loss incurred for
13psychological treatment of a mental or emotional condition
14caused or aggravated by the crime, any other person under the
15age of 18 who is the brother, sister, half brother, half
16sister, child, or stepchild of a person killed or injured in
17this State as a result of a crime of violence, (6) an Illinois
18resident who is a victim of a "crime of violence" as defined in
19this Act except, if the crime occurred outside this State, the
20resident has the same rights under this Act as if the crime had
21occurred in this State upon a showing that the state,
22territory, country, or political subdivision of a country in
23which the crime occurred does not have a compensation of
24victims of crimes law for which that Illinois resident is
25eligible, (7) a deceased person whose body is dismembered or
26whose remains are desecrated as the result of a crime of

 

 

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1violence, or (8) solely for the purpose of compensating for
2pecuniary loss incurred for psychological treatment of a mental
3or emotional condition caused or aggravated by the crime, any
4parent, spouse, or child under the age of 18 of a deceased
5person whose body is dismembered or whose remains are
6desecrated as the result of a crime of violence.
7    (e) "Dependent" means a relative of a deceased victim who
8was wholly or partially dependent upon the victim's income at
9the time of his or her death and shall include the child of a
10victim born after his or her death.
11    (f) "Relative" means a spouse, parent, grandparent,
12stepfather, stepmother, child, grandchild, brother,
13brother-in-law, sister, sister-in-law, half brother, half
14sister, spouse's parent, nephew, niece, uncle or aunt.
15    (g) "Child" means an unmarried son or daughter who is under
1618 years of age and includes a stepchild, an adopted child or a
17child born out of wedlock.
18    (h) "Pecuniary loss" means, in the case of injury,
19appropriate medical expenses and hospital expenses including
20expenses of medical examinations, rehabilitation, medically
21required nursing care expenses, appropriate psychiatric care
22or psychiatric counseling expenses, expenses for care or
23counseling by a licensed clinical psychologist, licensed
24clinical social worker, licensed professional counselor, or
25licensed clinical professional counselor and expenses for
26treatment by Christian Science practitioners and nursing care

 

 

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1appropriate thereto; transportation expenses to and from
2medical and counseling treatment facilities; prosthetic
3appliances, eyeglasses, and hearing aids necessary or damaged
4as a result of the crime; costs associated with trafficking
5tattoo removal by a person authorized or licensed to perform
6the specific removal procedure; replacement costs for clothing
7and bedding used as evidence; costs associated with temporary
8lodging or relocation necessary as a result of the crime,
9including, but not limited to, the first month's rent and
10security deposit of the dwelling that the claimant relocated to
11and other reasonable relocation expenses incurred as a result
12of the violent crime; locks or windows necessary or damaged as
13a result of the crime; the purchase, lease, or rental of
14equipment necessary to create usability of and accessibility to
15the victim's real and personal property, or the real and
16personal property which is used by the victim, necessary as a
17result of the crime; the costs of appropriate crime scene
18clean-up; replacement services loss, to a maximum of $1,250 per
19month; dependents replacement services loss, to a maximum of
20$1,250 per month; loss of tuition paid to attend grammar school
21or high school when the victim had been enrolled as a student
22prior to the injury, or college or graduate school when the
23victim had been enrolled as a day or night student prior to the
24injury when the victim becomes unable to continue attendance at
25school as a result of the crime of violence perpetrated against
26him or her; loss of earnings, loss of future earnings because

 

 

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1of disability resulting from the injury, and, in addition, in
2the case of death, expenses for funeral, burial, and travel and
3transport for survivors of homicide victims to secure bodies of
4deceased victims and to transport bodies for burial all of
5which may not exceed a maximum of $7,500 and loss of support of
6the dependents of the victim; in the case of dismemberment or
7desecration of a body, expenses for funeral and burial, all of
8which may not exceed a maximum of $7,500. Loss of future
9earnings shall be reduced by any income from substitute work
10actually performed by the victim or by income he or she would
11have earned in available appropriate substitute work he or she
12was capable of performing but unreasonably failed to undertake.
13Loss of earnings, loss of future earnings and loss of support
14shall be determined on the basis of the victim's average net
15monthly earnings for the 6 months immediately preceding the
16date of the injury or on $1,250 per month, whichever is less
17or, in cases where the absences commenced more than 3 years
18from the date of the crime, on the basis of the net monthly
19earnings for the 6 months immediately preceding the date of the
20first absence, not to exceed $1,250 per month. If a divorced or
21legally separated applicant is claiming loss of support for a
22minor child of the deceased, the amount of support for each
23child shall be based either on the amount of support pursuant
24to the judgment prior to the date of the deceased victim's
25injury or death, or, if the subject of pending litigation filed
26by or on behalf of the divorced or legally separated applicant

 

 

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1prior to the injury or death, on the result of that litigation.
2Real and personal property includes, but is not limited to,
3vehicles, houses, apartments, town houses, or condominiums.
4Pecuniary loss does not include pain and suffering or property
5loss or damage. "Pecuniary loss" includes appropriate
6psychiatric care or psychiatric counseling expenses and
7expenses for care or counseling by a licensed clinical
8psychologist, licensed clinical social worker, licensed
9professional counselor, or licensed clinical professional
10counselor provided to an applicant either before or after and
11in connection with a parole or clemency hearing for the person
12who committed the crime.
13    (i) "Replacement services loss" means expenses reasonably
14incurred in obtaining ordinary and necessary services in lieu
15of those the injured person would have performed, not for
16income, but for the benefit of himself or herself or his or her
17family, if he or she had not been injured.
18    (j) "Dependents replacement services loss" means loss
19reasonably incurred by dependents or private legal guardians of
20minor dependents after a victim's death in obtaining ordinary
21and necessary services in lieu of those the victim would have
22performed, not for income, but for their benefit, if he or she
23had not been fatally injured.
24    (k) "Survivor" means immediate family including a parent,
25step-father, step-mother, child, brother, sister, or spouse.
26    (l) "Parent" means a natural parent, adopted parent,

 

 

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1step-parent, or permanent legal guardian of another person.
2    (m) "Trafficking tattoo" is a tattoo which is applied to a
3victim in connection with the commission of a violation of
4Section 10-9 of the Criminal Code of 2012.
5(Source: P.A. 98-435, eff. 1-1-14; 99-671, eff. 1-1-17.)
 
6    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
7    Sec. 6.1. Right to compensation. A person is entitled to
8compensation under this Act if:
9        (a) Except as provided in subsection (a-5), within
10    Within 2 years of the occurrence of the crime, or within
11    one year after a criminal charge of a person for an
12    offense, upon which the claim is based, he or she files an
13    application, under oath, with the Court of Claims and on a
14    form prescribed in accordance with Section 7.1 furnished by
15    the Attorney General. If the person entitled to
16    compensation is under 18 years of age or under other legal
17    disability at the time of the occurrence or is determined
18    by a court to be under a legal disability as a result of
19    the occurrence, he may file the application required by
20    this subsection within 2 years after he attains the age of
21    18 years or the disability is removed, as the case may be.
22    Legal disability includes a diagnosis of posttraumatic
23    stress disorder.
24        (a-5) For an applicant seeking compensation for care or
25    counseling received in connection with a parole or clemency

 

 

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1    hearing for the person who committed the crime, within one
2    year after the hearing, he or she files an application,
3    under oath, with the Court of Claims and on a form
4    prescribed in accordance with Section 7.1 furnished by the
5    Attorney General. If the person entitled to compensation is
6    under 18 years of age or under other legal disability, he
7    or she may file the application required by this subsection
8    within one year after he or she attains the age of 18 years
9    or the disability is removed, as the case may be. Legal
10    disability includes a diagnosis of posttraumatic stress
11    disorder.
12        (b) For all crimes of violence, except those listed in
13    subsection (b-1) of this Section, the appropriate law
14    enforcement officials were notified within 72 hours of the
15    perpetration of the crime allegedly causing the death or
16    injury to the victim or, in the event such notification was
17    made more than 72 hours after the perpetration of the
18    crime, the applicant establishes that such notice was
19    timely under the circumstances.
20        (b-1) For victims of offenses defined in Sections
21    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
22    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
23    the Criminal Code of 2012, the appropriate law enforcement
24    officials were notified within 7 days of the perpetration
25    of the crime allegedly causing death or injury to the
26    victim or, in the event that the notification was made more

 

 

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1    than 7 days after the perpetration of the crime, the
2    applicant establishes that the notice was timely under the
3    circumstances. If the applicant or victim has obtained an
4    order of protection, a civil no contact order, or a
5    stalking no contact order, or has presented himself or
6    herself to a hospital for sexual assault evidence
7    collection and medical care, such action shall constitute
8    appropriate notification under this subsection (b-1) or
9    subsection (b) of this Section.
10        (c) The applicant has cooperated with law enforcement
11    officials in the apprehension and prosecution of the
12    assailant. If the applicant or victim has obtained an order
13    of protection, a civil no contact order, or a stalking no
14    contact order or has presented himself or herself to a
15    hospital for sexual assault evidence collection and
16    medical care, such action shall constitute cooperation
17    under this subsection (c).
18        (d) The applicant is not the offender or an accomplice
19    of the offender and the award would not unjustly benefit
20    the offender or his accomplice.
21        (e) The injury to or death of the victim was not
22    substantially attributable to his own wrongful act and was
23    not substantially provoked by the victim.
24        (f) For victims of offenses defined in Section 10-9 of
25    the Criminal Code of 2012, the victim submits a statement
26    under oath on a form prescribed by the Attorney General

 

 

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1    attesting that the removed tattoo was applied in connection
2    with the commission of the offense.
3(Source: P.A. 98-435, eff. 1-1-14; 99-143, eff. 7-27-15.)