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


Rep. Jehan Gordon-Booth

Filed: 4/6/2016





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2    AMENDMENT NO. ______. Amend House Bill 5472 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Crime Victims Compensation Act is amended
5by changing 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



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1the Court of Claims Act.
2    (c) "Crime of violence" means and includes any offense
3defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
410-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
511-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,
612-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3,
712-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15,
812-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05
9except for subdivision (a)(4) or (g)(1), or subdivision (a)(4)
10of Section 11-14.4, of the Criminal Code of 1961 or the
11Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery
12Protection Act, Section 125 of the Stalking No Contact Order
13Act, Section 219 of the Civil No Contact Order Act, driving
14under the influence as defined in Section 11-501 of the
15Illinois Vehicle Code, a violation of Section 11-401 of the
16Illinois Vehicle Code, provided the victim was a pedestrian or
17was operating a vehicle moved solely by human power or a
18mobility device at the time of contact, and a violation of
19Section 11-204.1 of the Illinois Vehicle Code; so long as the
20offense did not occur during a civil riot, insurrection or
21rebellion. "Crime of violence" does not include any other
22offense or accident involving a motor vehicle except those
23vehicle offenses specifically provided for in this paragraph.
24"Crime of violence" does include all of the offenses
25specifically provided for in this paragraph that occur within
26this State but are subject to federal jurisdiction and crimes



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1involving terrorism as defined in 18 U.S.C. 2331.
2    (d) "Victim" means (1) a person killed or injured in this
3State as a result of a crime of violence perpetrated or
4attempted against him or her, (2) the spouse or parent of a
5person killed or injured in this State as a result of a crime
6of violence perpetrated or attempted against the person, (3) a
7person killed or injured in this State while attempting to
8assist a person against whom a crime of violence is being
9perpetrated or attempted, if that attempt of assistance would
10be expected of a reasonable person under the circumstances, (4)
11a person killed or injured in this State while assisting a law
12enforcement official apprehend a person who has perpetrated a
13crime of violence or prevent the perpetration of any such crime
14if that assistance was in response to the express request of
15the law enforcement official, (5) a person who personally
16witnessed a violent crime, (5.05) a person who will be called
17as a witness by the prosecution to establish a necessary nexus
18between the offender and the violent crime, (5.1) solely for
19the purpose of compensating for pecuniary loss incurred for
20psychological treatment of a mental or emotional condition
21caused or aggravated by the crime, any other person under the
22age of 18 who is the brother, sister, half brother, half
23sister, child, or stepchild of a person killed or injured in
24this State as a result of a crime of violence, (6) an Illinois
25resident who is a victim of a "crime of violence" as defined in
26this Act except, if the crime occurred outside this State, the



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1resident has the same rights under this Act as if the crime had
2occurred in this State upon a showing that the state,
3territory, country, or political subdivision of a country in
4which the crime occurred does not have a compensation of
5victims of crimes law for which that Illinois resident is
6eligible, (7) a deceased person whose body is dismembered or
7whose remains are desecrated as the result of a crime of
8violence, or (8) solely for the purpose of compensating for
9pecuniary loss incurred for psychological treatment of a mental
10or emotional condition caused or aggravated by the crime, any
11parent, spouse, or child under the age of 18 of a deceased
12person whose body is dismembered or whose remains are
13desecrated as the result of a crime of violence.
14    (e) "Dependent" means a relative of a deceased victim who
15was wholly or partially dependent upon the victim's income at
16the time of his or her death and shall include the child of a
17victim born after his or her death.
18    (f) "Relative" means a spouse, parent, grandparent,
19stepfather, stepmother, child, grandchild, brother,
20brother-in-law, sister, sister-in-law, half brother, half
21sister, spouse's parent, nephew, niece, uncle or aunt.
22    (g) "Child" means an unmarried son or daughter who is under
2318 years of age and includes a stepchild, an adopted child or a
24child born out of wedlock.
25    (h) "Pecuniary loss" means, in the case of injury,
26appropriate medical expenses and hospital expenses including



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



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



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1first absence, not to exceed $1,250 per month. If a divorced or
2legally separated applicant is claiming loss of support for a
3minor child of the deceased, the amount of support for each
4child shall be based either on the amount of support pursuant
5to the judgment prior to the date of the deceased victim's
6injury or death, or, if the subject of pending litigation filed
7by or on behalf of the divorced or legally separated applicant
8prior to the injury or death, on the result of that litigation.
9Real and personal property includes, but is not limited to,
10vehicles, houses, apartments, town houses, or condominiums.
11Pecuniary loss does not include pain and suffering or property
12loss or damage.
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. 97-817, eff. 1-1-13; 97-1109, eff. 1-1-13;
697-1150, eff. 1-25-13; 98-435, eff. 1-1-14.)".