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



HB5472 EnrolledLRB099 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 3. The Rights of Crime Victims and Witnesses Act is
5amended by changing Section 3 as follows:
6    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7    Sec. 3. The terms used in this Act shall have the following
9     (a) "Crime victim" or "victim" means: (1) any natural
10person determined by the prosecutor or the court to have
11suffered direct physical or psychological harm as a result of a
12violent crime perpetrated or attempted against that person or
13direct physical or psychological harm as a result of (i) a
14violation of Section 11-501 of the Illinois Vehicle Code or
15similar provision of a local ordinance or (ii) a violation of
16Section 9-3 of the Criminal Code of 1961 or the Criminal Code
17of 2012; (2) in the case of a crime victim who is under 18 years
18of age or an adult victim who is incompetent or incapacitated,
19both parents, legal guardians, foster parents, or a single
20adult representative; (3) in the case of an adult deceased
21victim, 2 representatives who may be the spouse, parent, child
22or sibling of the victim, or the representative of the victim's
23estate; and (4) an immediate family member of a victim under



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1clause (1) of this paragraph (a) chosen by the victim. If the
2victim is 18 years of age or over, the victim may choose any
3person to be the victim's representative. In no event shall the
4defendant or any person who aided and abetted in the commission
5of the crime be considered a victim, a crime victim, or a
6representative of the victim.
7    A board, agency, or other governmental entity making
8decisions regarding an offender's release, sentence reduction,
9or clemency can determine additional persons are victims for
10the purpose of its proceedings. person with a disability
11    (a-3) "Advocate" means a person whose communications with
12the victim are privileged under Section 8-802.1 or 8-802.2 of
13the Code of Civil Procedure, or Section 227 of the Illinois
14Domestic Violence Act of 1986.
15    (a-5) "Confer" means to consult together, share
16information, compare opinions and carry on a discussion or
18    (a-7) "Sentence" includes, but is not limited to, the
19imposition of sentence, a request for a reduction in sentence,
20parole, mandatory supervised release, aftercare release, early
21release, clemency, or a proposal that would reduce the
22defendant's sentence or result in the defendant's release.
23"Early release" refers to a discretionary release.
24    (a-9) "Sentencing" includes, but is not limited to, the
25imposition of sentence and a request for a reduction in
26sentence, parole, mandatory supervised release, aftercare



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1release, or early release.
2    (b) "Witness" means: any person who personally observed the
3commission of a crime and who will testify on behalf of the
4State of Illinois; or a person who will be called by the
5prosecution to give testimony establishing a necessary nexus
6between the offender and the violent crime.
7    (c) "Violent crime Crime" means: (1) any felony in which
8force or threat of force was used against the victim; (2) any
9offense involving sexual exploitation, sexual conduct, or
10sexual penetration; (3) a violation of Section 11-20.1,
1111-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or
12the Criminal Code of 2012; (4) domestic battery or , stalking;
13(5) violation of an order of protection, a civil no contact
14order, or a stalking no contact order; (6) any misdemeanor
15which results in death or great bodily harm to the victim; or
16(7) any violation of Section 9-3 of the Criminal Code of 1961
17or the Criminal Code of 2012, or Section 11-501 of the Illinois
18Vehicle Code, or a similar provision of a local ordinance, if
19the violation resulted in personal injury or death. "Violent
20crime" includes any action committed by a juvenile that would
21be a violent crime if committed by an adult. For the purposes
22of this paragraph, "personal injury" shall include any Type A
23injury as indicated on the traffic accident report completed by
24a law enforcement officer that requires immediate professional
25attention in either a doctor's office or medical facility. A
26type A injury shall include severely bleeding wounds, distorted



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1extremities, and injuries that require the injured party to be
2carried from the scene.
3    (d) (Blank).
4    (e) "Court proceedings" includes, but is not limited to,
5the preliminary hearing, any post-arraignment hearing the
6effect of which may be the release of the defendant from
7custody or to alter the conditions of bond, change of plea
8hearing, the trial, any pretrial or post-trial hearing,
9sentencing, any oral argument or hearing before an Illinois
10appellate court, any hearing under the Mental Health and
11Developmental Disabilities Code after a finding that the
12defendant is not guilty by reason of insanity, any hearing
13related to a modification of sentence, probation revocation
14hearing, aftercare release or parole hearings, post-conviction
15relief proceedings, habeas corpus proceedings and clemency
16proceedings related to the defendant's conviction or sentence.
17For purposes of the victim's right to be present, "court
18proceedings" does not include (1) hearings under Section 109-1
19of the Code of Criminal Procedure of 1963, (2) grand jury
20proceedings, (3) status hearings, or (4) the issuance of an
21order or decision of an Illinois court that dismisses a charge,
22reverses a conviction, reduces a sentence, or releases an
23offender under a court rule.
24    (f) "Concerned citizen" includes relatives of the victim,
25friends of the victim, witnesses to the crime, or any other
26person associated with the victim or prisoner.



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1    (g) "Victim's attorney" means an attorney retained by the
2victim for the purposes of asserting the victim's
3constitutional and statutory rights. An attorney retained by
4the victim means an attorney who is hired to represent the
5victim at the victim's expense or an attorney who has agreed to
6provide pro bono representation. Nothing in this statute
7creates a right to counsel at public expense for a victim.
8(Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15;
999-413, eff. 8-20-15; revised 10-19-15.)
10    Section 5. The Crime Victims Compensation Act is amended by
11changing Section 2 as follows:
12    (740 ILCS 45/2)  (from Ch. 70, par. 72)
13    Sec. 2. Definitions. As used in this Act, unless the
14context otherwise requires:
15    (a) "Applicant" means any person who applies for
16compensation under this Act or any person the Court of Claims
17finds is entitled to compensation, including the guardian of a
18minor or of a person under legal disability. It includes any
19person who was a dependent of a deceased victim of a crime of
20violence for his or her support at the time of the death of
21that victim.
22    (b) "Court of Claims" means the Court of Claims created by
23the Court of Claims Act.
24    (c) "Crime of violence" means and includes any offense



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1defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
210-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
311-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,
412-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3,
512-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15,
612-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05
7except for subdivision (a)(4) or (g)(1), or subdivision (a)(4)
8of Section 11-14.4, of the Criminal Code of 1961 or the
9Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery
10Protection Act, Section 125 of the Stalking No Contact Order
11Act, Section 219 of the Civil No Contact Order Act, driving
12under the influence as defined in Section 11-501 of the
13Illinois Vehicle Code, a violation of Section 11-401 of the
14Illinois Vehicle Code, provided the victim was a pedestrian or
15was operating a vehicle moved solely by human power or a
16mobility device at the time of contact, and a violation of
17Section 11-204.1 of the Illinois Vehicle Code; so long as the
18offense did not occur during a civil riot, insurrection or
19rebellion. "Crime of violence" does not include any other
20offense or accident involving a motor vehicle except those
21vehicle offenses specifically provided for in this paragraph.
22"Crime of violence" does include all of the offenses
23specifically provided for in this paragraph that occur within
24this State but are subject to federal jurisdiction and crimes
25involving terrorism as defined in 18 U.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 or parent of a
3person killed or injured in this State as a result of a crime
4of violence perpetrated or attempted against the person, (3) a
5person killed or injured in this State while attempting to
6assist a person against whom a crime of violence is being
7perpetrated or attempted, if that attempt of assistance would
8be expected of a reasonable person under the circumstances, (4)
9a person killed or injured in this State while assisting a law
10enforcement official apprehend a person who has perpetrated a
11crime of violence or prevent the perpetration of any such crime
12if that assistance was in response to the express request of
13the law enforcement official, (5) a person who personally
14witnessed a violent crime, (5.05) a person who will be called
15as a witness by the prosecution to establish a necessary nexus
16between the offender and the violent crime, (5.1) solely for
17the purpose of compensating for pecuniary loss incurred for
18psychological treatment of a mental or emotional condition
19caused or aggravated by the crime, any other person under the
20age of 18 who is the brother, sister, half brother, half
21sister, child, or stepchild of a person killed or injured in
22this State as a result of a crime of violence, (6) an Illinois
23resident who is a victim of a "crime of violence" as defined in
24this Act except, if the crime occurred outside this State, the
25resident has the same rights under this Act as if the crime had
26occurred in this State upon a showing that the state,



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1territory, country, or political subdivision of a country in
2which the crime occurred does not have a compensation of
3victims of crimes law for which that Illinois resident is
4eligible, (7) a deceased person whose body is dismembered or
5whose remains are desecrated as the result of a crime of
6violence, or (8) solely for the purpose of compensating for
7pecuniary loss incurred for psychological treatment of a mental
8or emotional condition caused or aggravated by the crime, any
9parent, spouse, or child under the age of 18 of a deceased
10person whose body is dismembered or whose remains are
11desecrated as the result of a crime of violence.
12    (e) "Dependent" means a relative of a deceased victim who
13was wholly or partially dependent upon the victim's income at
14the time of his or her death and shall include the child of a
15victim born after his or her death.
16    (f) "Relative" means a spouse, parent, grandparent,
17stepfather, stepmother, child, grandchild, brother,
18brother-in-law, sister, sister-in-law, half brother, half
19sister, spouse's parent, nephew, niece, uncle or aunt.
20    (g) "Child" means an unmarried son or daughter who is under
2118 years of age and includes a stepchild, an adopted child or a
22child born out of wedlock.
23    (h) "Pecuniary loss" means, in the case of injury,
24appropriate medical expenses and hospital expenses including
25expenses of medical examinations, rehabilitation, medically
26required nursing care expenses, appropriate psychiatric care



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



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1prior to the injury, or college or graduate school when the
2victim had been enrolled as a day or night student prior to the
3injury when the victim becomes unable to continue attendance at
4school as a result of the crime of violence perpetrated against
5him or her; loss of earnings, loss of future earnings because
6of disability resulting from the injury, and, in addition, in
7the case of death, expenses for funeral, burial, and travel and
8transport for survivors of homicide victims to secure bodies of
9deceased victims and to transport bodies for burial all of
10which may not exceed a maximum of $7,500 and loss of support of
11the dependents of the victim; in the case of dismemberment or
12desecration of a body, expenses for funeral and burial, all of
13which may not exceed a maximum of $7,500. Loss of future
14earnings shall be reduced by any income from substitute work
15actually performed by the victim or by income he or she would
16have earned in available appropriate substitute work he or she
17was capable of performing but unreasonably failed to undertake.
18Loss of earnings, loss of future earnings and loss of support
19shall be determined on the basis of the victim's average net
20monthly earnings for the 6 months immediately preceding the
21date of the injury or on $1,250 per month, whichever is less
22or, in cases where the absences commenced more than 3 years
23from the date of the crime, on the basis of the net monthly
24earnings for the 6 months immediately preceding the date of the
25first absence, not to exceed $1,250 per month. If a divorced or
26legally separated applicant is claiming loss of support for a



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1minor child of the deceased, the amount of support for each
2child shall be based either on the amount of support pursuant
3to the judgment prior to the date of the deceased victim's
4injury or death, or, if the subject of pending litigation filed
5by or on behalf of the divorced or legally separated applicant
6prior to the injury or death, on the result of that litigation.
7Real and personal property includes, but is not limited to,
8vehicles, houses, apartments, town houses, or condominiums.
9Pecuniary loss does not include pain and suffering or property
10loss or damage.
11    (i) "Replacement services loss" means expenses reasonably
12incurred in obtaining ordinary and necessary services in lieu
13of those the injured person would have performed, not for
14income, but for the benefit of himself or herself or his or her
15family, if he or she had not been injured.
16    (j) "Dependents replacement services loss" means loss
17reasonably incurred by dependents or private legal guardians of
18minor dependents after a victim's death in obtaining ordinary
19and necessary services in lieu of those the victim would have
20performed, not for income, but for their benefit, if he or she
21had not been fatally injured.
22    (k) "Survivor" means immediate family including a parent,
23step-father, step-mother, child, brother, sister, or spouse.
24    (l) "Parent" means a natural parent, adopted parent,
25step-parent, or permanent legal guardian of another person.
26    (m) "Trafficking tattoo" is a tattoo which is applied to a



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1victim in connection with the commission of a violation of
2Section 10-9 of the Criminal Code of 2012.
3(Source: P.A. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13;
497-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)