Illinois General Assembly - Full Text of HB5472
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Full Text of HB5472  99th General Assembly



HB5472 EngrossedLRB099 17592 HEP 41950 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 Section 2 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.
6    (i) "Replacement services loss" means expenses reasonably
7incurred in obtaining ordinary and necessary services in lieu
8of those the injured person would have performed, not for
9income, but for the benefit of himself or herself or his or her
10family, if he or she had not been injured.
11    (j) "Dependents replacement services loss" means loss
12reasonably incurred by dependents or private legal guardians of
13minor dependents after a victim's death in obtaining ordinary
14and necessary services in lieu of those the victim would have
15performed, not for income, but for their benefit, if he or she
16had not been fatally injured.
17    (k) "Survivor" means immediate family including a parent,
18step-father, step-mother, child, brother, sister, or spouse.
19    (l) "Parent" means a natural parent, adopted parent,
20step-parent, or permanent legal guardian of another person.
21    (m) "Trafficking tattoo" is a tattoo which is applied to a
22victim in connection with the commission of a violation of
23Section 10-9 of the Criminal Code of 2012.
24(Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13;
2597-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)