Full Text of SB2151 99th General Assembly
SB2151 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2151 Introduced 7/14/2015, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
| 740 ILCS 45/10.1 | from Ch. 70, par. 80.1 |
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Amends the Crime Victims Compensation Act. Provides that a crime victim or another person may be compensated for legal expenses and court costs related to the enforcement of the crime victim's rights.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Crime Victims Compensation Act is amended by | 5 | | changing Section 10.1 as follows:
| 6 | | (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
| 7 | | Sec. 10.1. Amount of compensation. The amount of | 8 | | compensation to which
an applicant and other persons are | 9 | | entitled shall be based on the
following factors:
| 10 | | (a) A victim may be compensated for his or her pecuniary | 11 | | loss , including but not limited to legal expenses and court | 12 | | costs related to the enforcement of the crime victim's rights .
| 13 | | (b) A dependent may be compensated for loss of support.
| 14 | | (c) Any person, even though not dependent upon the victim | 15 | | for his or her
support, may be compensated for reasonable
| 16 | | expenses of the victim to the extent to which he or she has | 17 | | paid or become
obligated to pay such expenses , including but | 18 | | not limited to legal expenses and court costs related to the | 19 | | enforcement of the crime victim's rights, and only after | 20 | | compensation for reasonable
funeral, medical and hospital | 21 | | expenses of the victim have been awarded may
compensation be | 22 | | made for reasonable expenses of the victim incurred for
| 23 | | psychological treatment of a mental or emotional condition |
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| 1 | | caused or
aggravated by the crime.
| 2 | | (d) An award shall be reduced or denied according to the | 3 | | extent to which
the victim's acts or conduct provoked or | 4 | | contributed to his or her injury
or death, or the extent to | 5 | | which any prior criminal conviction or conduct
of the victim | 6 | | may have directly or indirectly contributed to the injury or
| 7 | | death of the victim.
| 8 | | (e) An award shall be reduced by the amount of benefits, | 9 | | payments
or awards payable under those sources which are | 10 | | required to be listed
under item (7) of Section 7.1(a) and any | 11 | | other sources except annuities,
pension plans, Federal Social | 12 | | Security payments payable to dependents
of the victim and the | 13 | | net proceeds of the first $25,000 of life
insurance that would | 14 | | inure to the benefit of the applicant, which the
applicant or | 15 | | any other person dependent for the support of a deceased
| 16 | | victim, as the case may be, has received or to which he or she | 17 | | is 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 | 19 | | committed prior to
September 22, 1979, $15,000 for a crime | 20 | | committed on or after September 22,
1979 and prior to January | 21 | | 1, 1986, $25,000 for a crime committed on or after
January 1, | 22 | | 1986 and prior to August 7, 1998, or $27,000 for a crime | 23 | | committed on or after August
7, 1998. If the total
pecuniary | 24 | | loss is greater than the maximum amount allowed, the award | 25 | | shall be
divided in proportion to the amount of actual loss | 26 | | among those entitled to
compensation.
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| 1 | | (g) Compensation under this Act is a secondary source of | 2 | | compensation
and the applicant must show that he or she has | 3 | | exhausted the benefits
reasonably available under the Criminal | 4 | | Victims' Escrow Account Act or any
governmental or medical or | 5 | | health insurance programs, including but not
limited to | 6 | | Workers' Compensation, the Federal Medicare program, the State
| 7 | | Public Aid program, Social Security Administration burial | 8 | | benefits,
Veterans Administration burial benefits, and life, | 9 | | health, accident or
liability insurance.
| 10 | | (Source: P.A. 97-817, eff. 1-1-13.)
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