Illinois General Assembly - Full Text of HB1100
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Full Text of HB1100  102nd General Assembly

HB1100eng 102ND GENERAL ASSEMBLY



 


 
HB1100 EngrossedLRB102 03114 RLC 13127 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the
5Intergovernmental Vehicular Hijacking Enforcement Act.
 
6    Section 5. The Illinois Criminal Justice Information Act
7is amended by adding Section 7.10 as follows:
 
8    (20 ILCS 3930/7.10 new)
9    Sec. 7.10. Grants to prevent predatory vehicular
10hijacking. Subject to appropriation, the Authority shall
11establish a program by which grants are administered for the
12purpose of preventing predatory vehicular hijacking. The
13Authority shall determine eligible recipients for the grants.
14Grants shall be made of money appropriated from the General
15Revenue Fund to eligible recipients to provide street-level
16intervention services for at-risk youth in danger of being
17recruited for the purpose of predatory vehicular hijacking.
18Funding appropriated for this program may be used for
19administrative costs. The Authority shall adopt rules to
20determine eligibility standards for grants under this Section.
 
21    Section 10. The Illinois Motor Vehicle Theft Prevention

 

 

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1and Insurance Verification Act is amended by changing Sections
21, 2, 3, 4, 7, 8, and 8.5 as follows:
 
3    (20 ILCS 4005/1)  (from Ch. 95 1/2, par. 1301)
4    (Section scheduled to be repealed on January 1, 2025)
5    Sec. 1. This Act shall be known as the Illinois Vehicle
6Hijacking and Motor Vehicle Theft Prevention and Insurance
7Verification Act.
8(Source: P.A. 100-373, eff. 1-1-18.)
 
9    (20 ILCS 4005/2)  (from Ch. 95 1/2, par. 1302)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 2. The purpose of this Act is to prevent, combat and
12reduce vehicle hijacking and related violent crime as well as
13motor vehicle theft in Illinois; to improve and support
14vehicle hijacking and motor vehicle theft law enforcement,
15prosecution and administration of vehicle hijacking and motor
16vehicle theft and insurance verification laws by establishing
17statewide planning capabilities for and coordination of
18financial resources.
19(Source: P.A. 100-373, eff. 1-1-18.)
 
20    (20 ILCS 4005/3)  (from Ch. 95 1/2, par. 1303)
21    (Section scheduled to be repealed on January 1, 2025)
22    Sec. 3. As used in this Act:
23    (a) (Blank).

 

 

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1    (b) "Council" means the Illinois Vehicle Hijacking and
2Motor Vehicle Theft Prevention and Insurance Verification
3Council.
4    (b-2) "Director" means the Director of the Secretary of
5State Department of Police.
6    (b-5) "Police" means the Secretary of State Department of
7Police.
8    (b-7) "Secretary" means the Secretary of State.
9    (c) "Trust Fund" means the Vehicle Hijacking and Motor
10Vehicle Theft Prevention and Insurance Verification Trust
11Fund.
12(Source: P.A. 100-373, eff. 1-1-18.)
 
13    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
14    (Section scheduled to be repealed on January 1, 2025)
15    Sec. 4. There is hereby created an Illinois Vehicle
16Hijacking and Motor Vehicle Theft Prevention and Insurance
17Verification Council, which shall exercise its powers, duties
18and responsibilities. There shall be 11 members of the Council
19consisting of the Secretary of State or his designee, the
20Director of the Illinois State Police, the State's Attorney of
21Cook County, the Superintendent of the Chicago Police
22Department, and the following 7 additional members, each of
23whom shall be appointed by the Secretary of State: a state's
24attorney of a county other than Cook, a chief executive law
25enforcement official from a jurisdiction other than the City

 

 

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1of Chicago, 5 representatives of insurers authorized to write
2motor vehicle insurance in this State, all of whom shall be
3domiciled in this State.
4    The Director shall be the Chairman of the Council. All
5members of the Council appointed by the Secretary shall serve
6at the discretion of the Secretary for a term not to exceed 4
7years. The Council shall meet at least quarterly.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (20 ILCS 4005/7)  (from Ch. 95 1/2, par. 1307)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 7. The Council shall have the following powers,
12duties and responsibilities:
13        (a) To apply for, solicit, receive, establish
14    priorities for, allocate, disburse, contract for, and
15    spend funds that are made available to the Council from
16    any source to effectuate the purposes of this Act.
17        (b) To make grants and to provide financial support
18    for federal and State agencies, units of local government,
19    corporations, and neighborhood, community and business
20    organizations to effectuate the purposes of this Act, to
21    deter, and investigate, and prosecute recyclable metal
22    theft, and for to law enforcement agencies to assist in
23    the identification, apprehension, and prosecution of
24    vehicle hijackers and the recovery of stolen motor
25    vehicles recyclable metal theft.

 

 

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1        (c) To assess the scope of the problem of vehicle
2    hijacking and motor vehicle theft, including particular
3    areas of the State where the problem is greatest and to
4    conduct impact analyses of State and local criminal
5    justice policies, programs, plans and methods for
6    combating the problem.
7        (d) To develop and sponsor the implementation of
8    statewide plans and strategies to combat vehicle hijacking
9    and motor vehicle theft and to improve the administration
10    of vehicle hijacking and the motor vehicle theft laws and
11    provide an effective forum for identification of critical
12    problems associated with vehicle hijacking and motor
13    vehicle theft.
14        (e) To coordinate the development, adoption and
15    implementation of plans and strategies relating to
16    interagency or intergovernmental cooperation with respect
17    to vehicle hijacking and motor vehicle theft law
18    enforcement.
19        (f) To adopt rules or regulations necessary to ensure
20    that appropriate agencies, units of government, private
21    organizations and combinations thereof are included in the
22    development and implementation of strategies or plans
23    adopted pursuant to this Act and to adopt rules or
24    regulations as may otherwise be necessary to effectuate
25    the purposes of this Act.
26        (g) To report annually, on or before January 1, 2019

 

 

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1    to the Governor, General Assembly, and, upon request, to
2    members of the general public on the Council's activities
3    in the preceding year.
4        (h) To exercise any other powers that are reasonable,
5    necessary or convenient to fulfill its responsibilities,
6    to carry out and to effectuate the objectives and purposes
7    of the Council and the provisions of this Act, and to
8    comply with the requirements of applicable federal or
9    State laws, rules, or regulations; provided, however, that
10    these powers shall not include the power to subpoena or
11    arrest.
12        (i) To provide funding to the Secretary for the
13    creation, implementation, and maintenance of an electronic
14    motor vehicle liability insurance policy verification
15    program.
16(Source: P.A. 100-373, eff. 1-1-18.)
 
17    (20 ILCS 4005/8)  (from Ch. 95 1/2, par. 1308)
18    (Section scheduled to be repealed on January 1, 2025)
19    Sec. 8. (a) A special fund is created in the State Treasury
20known as the Vehicle Hijacking and Motor Vehicle Theft
21Prevention and Insurance Verification Trust Fund, which shall
22be administered by the Secretary at the direction of the
23Council. All interest earned from the investment or deposit of
24monies accumulated in the Trust Fund shall, pursuant to
25Section 4.1 of the State Finance Act, be deposited in the Trust

 

 

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1Fund.
2    (b) Money deposited in this Trust Fund shall not be
3considered general revenue of the State of Illinois.
4    (c) Money deposited in the Trust Fund shall be used only to
5enhance efforts to effectuate the purposes of this Act as
6determined by the Council and shall not be appropriated,
7loaned or in any manner transferred to the General Revenue
8Fund of the State of Illinois.
9    (d) Prior to April 1, 1991, and prior to April 1 of each
10year thereafter, each insurer engaged in writing private
11passenger motor vehicle insurance coverages which are included
12in Class 2 and Class 3 of Section 4 of the Illinois Insurance
13Code, as a condition of its authority to transact business in
14this State, may collect and shall pay into the Trust Fund an
15amount equal to $1.00, or a lesser amount determined by the
16Council, multiplied by the insurer's total earned car years of
17private passenger motor vehicle insurance policies providing
18physical damage insurance coverage written in this State
19during the preceding calendar year.
20    (e) Money in the Trust Fund shall be expended as follows:
21        (1) To pay the Secretary's costs to administer the
22    Council and the Trust Fund, but for this purpose in an
23    amount not to exceed 10% in any one fiscal year of the
24    amount collected pursuant to paragraph (d) of this Section
25    in that same fiscal year.
26        (2) To achieve the purposes and objectives of this

 

 

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1    Act, which may include, but not be limited to, the
2    following:
3            (A) To provide financial support to law
4        enforcement and correctional agencies, prosecutors,
5        and the judiciary for programs designed to reduce
6        vehicle hijacking and motor vehicle theft and to
7        improve the administration of motor vehicle theft
8        laws.
9            (B) To provide financial support for federal and
10        State agencies, units of local government,
11        corporations and neighborhood, community or business
12        organizations for programs designed to reduce motor
13        vehicle theft and to improve the administration of
14        vehicle hijacking and motor vehicle theft laws.
15            (C) To provide financial support to conduct
16        programs designed to inform owners of motor vehicles
17        about the financial and social costs of vehicle
18        hijacking, interstate shootings, and motor vehicle
19        theft and to suggest to those owners methods for
20        preventing motor vehicle theft.
21            (D) To provide financial support for plans,
22        programs and projects designed to achieve the purposes
23        of this Act.
24        (3) To provide funding to the Secretary's Vehicle
25    Services Department for the creation, implementation, and
26    maintenance of an electronic motor vehicle liability

 

 

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1    insurance policy verification program by allocating no
2    more than 75% of each dollar collected for the first
3    calendar year after the effective date of this amendatory
4    Act of the 100th General Assembly and no more than 50% of
5    each dollar collected for every other year after the first
6    calendar year. The Secretary shall distribute the funds to
7    the Vehicle Services Department at the beginning of each
8    calendar year.
9    (f) Insurers contributing to the Trust Fund shall have a
10property interest in the unexpended money in the Trust Fund,
11which property interest shall not be retroactively changed or
12extinguished by the General Assembly.
13    (g) In the event the Trust Fund were to be discontinued or
14the Council were to be dissolved by act of the General Assembly
15or by operation of law, then, notwithstanding the provisions
16of Section 5 of the State Finance Act, any balance remaining
17therein shall be returned to the insurers writing private
18passenger motor vehicle insurance in proportion to their
19financial contributions to the Trust Fund and any assets of
20the Council shall be liquidated and returned in the same
21manner after deduction of administrative costs.
22(Source: P.A. 100-373, eff. 1-1-18.)
 
23    (20 ILCS 4005/8.5)
24    (Section scheduled to be repealed on January 1, 2025)
25    Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle

 

 

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1Theft Prevention Trust Fund. The State Police Vehicle
2Hijacking and Motor Vehicle Theft Prevention Trust Fund is
3created as a trust fund in the State treasury. The State
4Treasurer shall be the custodian of the Trust Fund. The Trust
5Fund is established to receive funds from the Illinois Vehicle
6Hijacking and Motor Vehicle Theft Prevention and Insurance
7Verification Council. All interest earned from the investment
8or deposit of moneys accumulated in the Trust Fund shall be
9deposited into the Trust Fund. Moneys in the Trust Fund shall
10be used by the Illinois State Police for motor vehicle theft
11prevention purposes.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    (20 ILCS 4005/12 rep.)
14    Section 15. The Illinois Motor Vehicle Theft Prevention
15and Insurance Verification Act is amended by repealing Section
1612.
 
17    Section 20. The State Finance Act is amended by changing
18Sections 5, 5.295, 6z-125, and 6z-126 as follows:
 
19    (30 ILCS 105/5)  (from Ch. 127, par. 141)
20    Sec. 5. Special funds.
21    (a) There are special funds in the State Treasury
22designated as specified in the Sections which succeed this
23Section 5 and precede Section 6.

 

 

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1    (b) Except as provided in the Illinois Vehicle Hijacking
2and Motor Vehicle Theft Prevention and Insurance Verification
3Act, when any special fund in the State Treasury is
4discontinued by an Act of the General Assembly, any balance
5remaining therein on the effective date of such Act shall be
6transferred to the General Revenue Fund, or to such other fund
7as such Act shall provide. Warrants outstanding against such
8discontinued fund at the time of the transfer of any such
9balance therein shall be paid out of the fund to which the
10transfer was made.
11    (c) When any special fund in the State Treasury has been
12inactive for 18 months or longer, the fund is automatically
13terminated by operation of law and the balance remaining in
14such fund shall be transferred by the Comptroller to the
15General Revenue Fund. When a special fund has been terminated
16by operation of law as provided in this Section, the General
17Assembly shall repeal or amend all Sections of the statutes
18creating or otherwise referring to that fund.
19    The Comptroller shall be allowed the discretion to
20maintain or dissolve any federal trust fund which has been
21inactive for 18 months or longer.
22    (d) (Blank).
23    (e) (Blank).
24(Source: P.A. 100-373, eff. 1-1-18.)
 
25    (30 ILCS 105/5.295)  (from Ch. 127, par. 141.295)

 

 

HB1100 Engrossed- 12 -LRB102 03114 RLC 13127 b

1    Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft
2Prevention and Insurance Verification Trust Fund.
3(Source: P.A. 100-373, eff. 1-1-18.)
 
4    (30 ILCS 105/6z-125)
5    Sec. 6z-125. State Police Training and Academy Fund. The
6State Police Training and Academy Fund is hereby created as a
7special fund in the State treasury. Moneys in the Fund shall
8consist of: (i) 10% of the revenue from increasing the
9insurance producer license fees, as provided under subsection
10(a-5) of Section 500-135 of the Illinois Insurance Code; and
11(ii) 10% of the moneys collected from auto insurance policy
12fees under Section 8.6 of the Illinois Vehicle Hijacking and
13Motor Vehicle Theft Prevention and Insurance Verification Act.
14This Fund shall be used by the Illinois State Police to fund
15training and other State Police institutions, including, but
16not limited to, forensic laboratories.
17(Source: P.A. 102-16, eff. 6-17-21.)
 
18    (30 ILCS 105/6z-126)
19    Sec. 6z-126. Law Enforcement Training Fund. The Law
20Enforcement Training Fund is hereby created as a special fund
21in the State treasury. Moneys in the Fund shall consist of: (i)
2290% of the revenue from increasing the insurance producer
23license fees, as provided under subsection (a-5) of Section
24500-135 of the Illinois Insurance Code; and (ii) 90% of the

 

 

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1moneys collected from auto insurance policy fees under Section
28.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
3Prevention and Insurance Verification Act. This Fund shall be
4used by the Illinois Law Enforcement Training and Standards
5Board to fund law enforcement certification compliance and the
6development and provision of basic courses by Board-approved
7academics, and in-service courses by approved academies.
8(Source: P.A. 102-16, eff. 6-17-21.)
 
9    Section 25. The Illinois Vehicle Code is amended by
10changing Section 4-109 as follows:
 
11    (625 ILCS 5/4-109)
12    Sec. 4-109. Motor Vehicle Theft Prevention Program. The
13Secretary of State, in conjunction with the Motor Vehicle
14Theft Prevention and Insurance Verification Council, is hereby
15authorized to establish and operate a Motor Vehicle Theft
16Prevention Program as follows:
17    (a) Voluntary program participation.
18    (b) The registered owner of a motor vehicle interested in
19participating in the program shall sign an informed consent
20agreement designed by the Secretary of State under subsection
21(e) of this Section indicating that the motor vehicle
22registered to him is not normally operated between the hours
23of 1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
24submitted to the Secretary of State for processing.

 

 

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1    (c) Upon processing the form, the Secretary of State shall
2issue to the registered owner a decal. The registered owner
3shall affix the decal in a conspicuous place on his motor
4vehicle as prescribed by the Secretary of State.
5    (d) Whenever any law enforcement officer shall see a motor
6vehicle displaying a decal issued under the provisions of
7subsection (c) of this Section being operated upon the public
8highways of this State between the hours of 1:00 a.m. and 5:00
9a.m., the officer is authorized to stop that motor vehicle and
10to request the driver to produce a valid driver's license and
11motor vehicle registration card if required to be carried in
12the vehicle. Whenever the operator of a motor vehicle
13displaying a decal is unable to produce the documentation set
14forth in this Section, the police officer shall investigate
15further to determine if the person operating the motor vehicle
16is the registered owner or has the authorization of the owner
17to operate the vehicle.
18    (e) The Secretary of State, in consultation with the
19Director of the Illinois State Police and Motor Vehicle Theft
20Prevention and Insurance Verification Council, shall design
21the manner and form of the informed consent agreement required
22under subsection (b) of this Section and the decal required
23under subsection (c) of this Section.
24    (f) The Secretary of State shall provide for the recording
25of registered owners of motor vehicles who participate in the
26program. The records shall be available to all law enforcement

 

 

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1departments, agencies, and forces. The Secretary of State
2shall cooperate with and assist all law enforcement officers
3and other agencies in tracing or examining any questionable
4motor vehicles in order to determine the ownership of the
5motor vehicles.
6    (g) A fee not to exceed $10 may be charged for the informed
7consent form and decal provided under this Section. The fee,
8if any, shall be set by the Motor Vehicle Theft Prevention and
9Insurance Verification Council and shall be collected by the
10Secretary of State and deposited into the Vehicle Hijacking
11and Motor Vehicle Theft Prevention and Insurance Verification
12Trust Fund.
13    (h) The Secretary of State, in consultation with the
14Director of the Illinois State Police and the Motor Vehicle
15Theft Prevention and Insurance Verification Council shall
16promulgate rules and regulations to effectuate the purposes of
17this Section.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 30. The Criminal Code of 2012 is amended by adding
20Section 12C-36 as follows:
 
21    (720 ILCS 5/12C-36 new)
22    Sec. 12C-36. Predatory vehicular hijacking.
23    (a) A person commits predatory vehicular hijacking when
24that person is 18 years of age or over and he or she knowingly

 

 

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1commands or coerces a minor under 18 years of age to commit a
2violation of Section 18-3.
3    (b) Sentence. Predatory vehicular hijacking is a Class 1
4felony.
5    (c) This Section is repealed on January 1, 2026.
 
6    Section 35. The Crime Victims Compensation Act is amended
7by changing Section 2, 7.1, and 10.1 as follows:
 
8    (740 ILCS 45/2)  (from Ch. 70, par. 72)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Applicant" means any person who applies for
12compensation under this Act or any person the Court of Claims
13or the Attorney General finds is entitled to compensation,
14including the guardian of a minor or of a person under legal
15disability. It includes any person who was a dependent of a
16deceased victim of a crime of violence for his or her support
17at the time of the death of that victim.
18    The changes made to this subsection by this amendatory Act
19of the 101st General Assembly apply to actions commenced or
20pending on or after January 1, 2022.
21    (b) "Court of Claims" means the Court of Claims created by
22the Court of Claims Act.
23    (c) "Crime of violence" means and includes any offense
24defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,

 

 

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110-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
211-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
312-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
412-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
512-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
6or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
7subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
81961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
9the Cemetery Protection Act, Section 125 of the Stalking No
10Contact Order Act, Section 219 of the Civil No Contact Order
11Act, driving under the influence as defined in Section 11-501
12of the Illinois Vehicle Code, a violation of Section 11-401 of
13the Illinois Vehicle Code, provided the victim was a
14pedestrian or was operating a vehicle moved solely by human
15power or a mobility device at the time of contact, and a
16violation of Section 11-204.1 of the Illinois Vehicle Code; so
17long as the offense did not occur during a civil riot,
18insurrection or rebellion. "Crime of violence" does not
19include any other offense or accident involving a motor
20vehicle except those vehicle offenses specifically provided
21for in this paragraph. "Crime of violence" does include all of
22the offenses specifically provided for in this paragraph that
23occur within this State but are subject to federal
24jurisdiction and crimes involving terrorism as defined in 18
25U.S.C. 2331.
26    (d) "Victim" means (1) a person killed or injured in this

 

 

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1State as a result of a crime of violence perpetrated or
2attempted against him or her, (2) the spouse, parent, or child
3of a person killed or injured in this State as a result of a
4crime of violence perpetrated or attempted against the person,
5or anyone living in the household of a person killed or injured
6in a relationship that is substantially similar to that of a
7parent, spouse, or child, (3) a person killed or injured in
8this State while attempting to assist a person against whom a
9crime of violence is being perpetrated or attempted, if that
10attempt of assistance would be expected of a reasonable person
11under the circumstances, (4) a person killed or injured in
12this State while assisting a law enforcement official
13apprehend a person who has perpetrated a crime of violence or
14prevent the perpetration of any such crime if that assistance
15was in response to the express request of the law enforcement
16official, (5) a person who personally witnessed a violent
17crime, (5.05) a person who will be called as a witness by the
18prosecution to establish a necessary nexus between the
19offender and the violent crime, (5.1) solely for the purpose
20of compensating for pecuniary loss incurred for psychological
21treatment of a mental or emotional condition caused or
22aggravated by the crime, any other person under the age of 18
23who is the brother, sister, half brother, or half sister of a
24person killed or injured in this State as a result of a crime
25of violence, (6) an Illinois resident who is a victim of a
26"crime of violence" as defined in this Act except, if the crime

 

 

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1occurred outside this State, the resident has the same rights
2under this Act as if the crime had occurred in this State upon
3a showing that the state, territory, country, or political
4subdivision of a country in which the crime occurred does not
5have a compensation of victims of crimes law for which that
6Illinois resident is eligible, (7) a deceased person whose
7body is dismembered or whose remains are desecrated as the
8result of a crime of violence, or (8) solely for the purpose of
9compensating for pecuniary loss incurred for psychological
10treatment of a mental or emotional condition caused or
11aggravated by the crime, any parent, spouse, or child under
12the age of 18 of a deceased person whose body is dismembered or
13whose remains are desecrated as the result of a crime of
14violence.
15    (e) "Dependent" means a relative of a deceased victim who
16was wholly or partially dependent upon the victim's income at
17the time of his or her death and shall include the child of a
18victim born after his or her death.
19    (f) "Relative" means a spouse, parent, grandparent,
20stepfather, stepmother, child, grandchild, brother,
21brother-in-law, sister, sister-in-law, half brother, half
22sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
23living in the household of a person killed or injured in a
24relationship that is substantially similar to that of a
25parent, spouse, or child.
26    (g) "Child" means a son or daughter and includes a

 

 

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1stepchild, an adopted child or a child born out of wedlock.
2    (h) "Pecuniary loss" means, in the case of injury,
3appropriate medical expenses and hospital expenses including
4expenses of medical examinations, rehabilitation, medically
5required nursing care expenses, appropriate psychiatric care
6or psychiatric counseling expenses, appropriate expenses for
7care or counseling by a licensed clinical psychologist,
8licensed clinical social worker, licensed professional
9counselor, or licensed clinical professional counselor and
10expenses for treatment by Christian Science practitioners and
11nursing care appropriate thereto; transportation expenses to
12and from medical and counseling treatment facilities;
13prosthetic appliances, eyeglasses, and hearing aids necessary
14or damaged as a result of the crime; expenses incurred for the
15towing of a victim's vehicle in connection with a crime of
16violence, to a maximum of $1,000; costs associated with
17trafficking tattoo removal by a person authorized or licensed
18to perform the specific removal procedure; replacement costs
19for clothing and bedding used as evidence; costs associated
20with temporary lodging or relocation necessary as a result of
21the crime, including, but not limited to, the first month's
22rent and security deposit of the dwelling that the claimant
23relocated to and other reasonable relocation expenses incurred
24as a result of the violent crime; locks or windows necessary or
25damaged as a result of the crime; the purchase, lease, or
26rental of equipment necessary to create usability of and

 

 

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1accessibility to the victim's real and personal property, or
2the real and personal property which is used by the victim,
3necessary as a result of the crime; the costs of appropriate
4crime scene clean-up; replacement services loss, to a maximum
5of $1,250 per month; dependents replacement services loss, to
6a maximum of $1,250 per month; loss of tuition paid to attend
7grammar school or high school when the victim had been
8enrolled as a student prior to the injury, or college or
9graduate school when the victim had been enrolled as a day or
10night student prior to the injury when the victim becomes
11unable to continue attendance at school as a result of the
12crime of violence perpetrated against him or her; loss of
13earnings, loss of future earnings because of disability
14resulting from the injury, and, in addition, in the case of
15death, expenses for funeral, burial, and travel and transport
16for survivors of homicide victims to secure bodies of deceased
17victims and to transport bodies for burial all of which may be
18awarded up to a maximum of $10,000 and loss of support of the
19dependents of the victim; in the case of dismemberment or
20desecration of a body, expenses for funeral and burial, all of
21which may be awarded up to a maximum of $10,000. Loss of future
22earnings shall be reduced by any income from substitute work
23actually performed by the victim or by income he or she would
24have earned in available appropriate substitute work he or she
25was capable of performing but unreasonably failed to
26undertake. Loss of earnings, loss of future earnings and loss

 

 

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1of support shall be determined on the basis of the victim's
2average net monthly earnings for the 6 months immediately
3preceding the date of the injury or on $2,400 per month,
4whichever is less or, in cases where the absences commenced
5more than 3 years from the date of the crime, on the basis of
6the net monthly earnings for the 6 months immediately
7preceding the date of the first absence, not to exceed $2,400
8per month. If a divorced or legally separated applicant is
9claiming loss of support for a minor child of the deceased, the
10amount of support for each child shall be based either on the
11amount of support pursuant to the judgment prior to the date of
12the deceased victim's injury or death, or, if the subject of
13pending litigation filed by or on behalf of the divorced or
14legally separated applicant prior to the injury or death, on
15the result of that litigation. Real and personal property
16includes, but is not limited to, vehicles, houses, apartments,
17town houses, or condominiums. Pecuniary loss does not include
18pain and suffering or property loss or damage.
19    The changes made to this subsection by this amendatory Act
20of the 101st General Assembly apply to actions commenced or
21pending on or after January 1, 2022.
22    (i) "Replacement services loss" means expenses reasonably
23incurred in obtaining ordinary and necessary services in lieu
24of those the injured person would have performed, not for
25income, but for the benefit of himself or herself or his or her
26family, if he or she had not been injured.

 

 

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1    (j) "Dependents replacement services loss" means loss
2reasonably incurred by dependents or private legal guardians
3of minor dependents after a victim's death in obtaining
4ordinary and necessary services in lieu of those the victim
5would have performed, not for income, but for their benefit,
6if he or she had not been fatally injured.
7    (k) "Survivor" means immediate family including a parent,
8stepfather, stepmother, child, brother, sister, or spouse.
9    (l) "Parent" means a natural parent, adopted parent,
10stepparent, or permanent legal guardian of another person.
11    (m) "Trafficking tattoo" is a tattoo which is applied to a
12victim in connection with the commission of a violation of
13Section 10-9 of the Criminal Code of 2012.
14(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
15102-27, eff. 6-25-21.)
 
16    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
17    Sec. 7.1. (a) The application shall set out:
18        (1) the name and address of the victim;
19        (2) if the victim is deceased, the name and address of
20    the applicant and his or her relationship to the victim,
21    the names and addresses of other persons dependent on the
22    victim for their support and the extent to which each is so
23    dependent, and other persons who may be entitled to
24    compensation for a pecuniary loss;
25        (3) the date and nature of the crime on which the

 

 

HB1100 Engrossed- 24 -LRB102 03114 RLC 13127 b

1    application for compensation is based;
2        (4) the date and place where and the law enforcement
3    officials to whom notification of the crime was given;
4        (5) the nature and extent of the injuries sustained by
5    the victim, and the names and addresses of those giving
6    medical and hospitalization treatment to the victim;
7        (6) the pecuniary loss to the applicant and to such
8    other persons as are specified under item (2) resulting
9    from the injury or death;
10        (7) the amount of benefits, payments, or awards, if
11    any, payable under:
12            (a) the Workers' Compensation Act,
13            (b) the Dram Shop Act,
14            (c) any claim, demand, or cause of action based
15        upon the crime-related injury or death,
16            (d) the Federal Medicare program,
17            (e) the State Public Aid program,
18            (f) Social Security Administration burial
19        benefits,
20            (g) Veterans administration burial benefits,
21            (h) life, health, accident, vehicle, towing, or
22        liability insurance,
23            (i) the Criminal Victims' Escrow Account Act,
24            (j) the Sexual Assault Survivors Emergency
25        Treatment Act,
26            (k) restitution, or

 

 

HB1100 Engrossed- 25 -LRB102 03114 RLC 13127 b

1            (l) any other source;
2        (8) releases authorizing the surrender to the Court of
3    Claims or Attorney General of reports, documents and other
4    information relating to the matters specified under this
5    Act and rules promulgated in accordance with the Act;
6        (9) such other information as the Court of Claims or
7    the Attorney General reasonably requires.
8    (b) The Attorney General may require that materials
9substantiating the facts stated in the application be
10submitted with that application.
11    (c) An applicant, on his or her own motion, may file an
12amended application or additional substantiating materials to
13correct inadvertent errors or omissions at any time before the
14original application has been disposed of by the Court of
15Claims or the Attorney General. In either case, the filing of
16additional information or of an amended application shall be
17considered for the purpose of this Act to have been filed at
18the same time as the original application.
19    For claims submitted on or after January 1, 2022, an
20amended application or additional substantiating materials to
21correct inadvertent errors or omissions may be filed at any
22time before the original application is disposed of by the
23Attorney General or the Court of Claims.
24    (d) Determinations submitted by the Attorney General to
25the Court of Claims shall be available to the Court of Claims
26for review. The Attorney General shall provide the sources and

 

 

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1evidence relied upon as a basis for a compensation
2determination.
3    (e) The changes made to this Section by this amendatory
4Act of the 101st General Assembly apply to actions commenced
5or pending on or after January 1, 2022.
6(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
7    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
8    Sec. 10.1. Amount of compensation. The amount of
9compensation to which an applicant and other persons are
10entitled shall be based on the following factors:
11    (a) A victim may be compensated for his or her pecuniary
12loss.
13    (b) A dependent may be compensated for loss of support.
14    (c) Any person, even though not dependent upon the victim
15for his or her support, may be compensated for reasonable
16expenses of the victim to the extent to which he or she has
17paid or become obligated to pay such expenses and only after
18compensation for reasonable funeral, medical and hospital
19expenses of the victim have been awarded may compensation be
20made for reasonable expenses of the victim incurred for
21psychological treatment of a mental or emotional condition
22caused or aggravated by the crime.
23    (d) An award shall be reduced or denied according to the
24extent to which the victim's injury or death was caused by
25provocation or incitement by the victim or the victim

 

 

HB1100 Engrossed- 27 -LRB102 03114 RLC 13127 b

1assisting, attempting, or committing a criminal act. A denial
2or reduction shall not automatically bar the survivors of
3homicide victims from receiving compensation for counseling,
4crime scene cleanup, relocation, funeral or burial costs, and
5loss of support if the survivor's actions have not initiated,
6provoked, or aggravated the suspect into initiating the
7qualifying crime.
8    (e) An award shall be reduced by the amount of benefits,
9payments or awards payable under those sources which are
10required to be listed under item (7) of Section 7.1(a) and any
11other sources except annuities, pension plans, Federal Social
12Security payments payable to dependents of the victim and the
13net proceeds of the first $25,000 of life insurance that would
14inure to the benefit of the applicant, which the applicant or
15any other person dependent for the support of a deceased
16victim, as the case may be, has received or to which he or she
17is entitled as a result of injury to or death of the victim.
18    (f) A final award shall not exceed $10,000 for a crime
19committed prior to September 22, 1979, $15,000 for a crime
20committed on or after September 22, 1979 and prior to January
211, 1986, $25,000 for a crime committed on or after January 1,
221986 and prior to August 7, 1998, $27,000 for a crime committed
23on or after August 7, 1998 and prior to August 7, 2022, or
24$45,000 for a crime committed on or after August 7, 2022. If
25the total pecuniary loss is greater than the maximum amount
26allowed, the award shall be divided in proportion to the

 

 

HB1100 Engrossed- 28 -LRB102 03114 RLC 13127 b

1amount of actual loss among those entitled to compensation.
2    (g) Compensation under this Act is a secondary source of
3compensation and the applicant must show that he or she has
4exhausted the benefits reasonably available under the Criminal
5Victims' Escrow Account Act or any governmental or medical or
6health insurance programs, including, but not limited to,
7Workers' Compensation, the Federal Medicare program, the State
8Public Aid program, Social Security Administration burial
9benefits, and Veterans Administration burial benefits, and
10life, health, accident, full vehicle coverage (including
11towing insurance, if available), or liability insurance.
12(Source: P.A. 102-27, eff. 1-1-22.)