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

HB1100ham001 102ND GENERAL ASSEMBLY

Rep. Eva Dina Delgado

Filed: 4/4/2022

 

 


 

 


 
10200HB1100ham001LRB102 03114 HEP 38623 a

1
AMENDMENT TO HOUSE BILL 1100

2    AMENDMENT NO. ______. Amend House Bill 1100 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Intergovernmental Vehicular Hijacking Enforcement Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Director" means the Director of the Illinois State
8Police.
9    "Metropolitan Enforcement Group" or "MEG" means a
10combination of units of local government established under
11this Act to enforce the vehicular hijacking laws of this
12State.
13    "Unit of local government" has the same meaning as in
14Article VII, Section 1 of the Illinois Constitution. "Unit of
15local government" includes both home rule units and units that
16are not home rule units.
 

 

 

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1    Section 10. Metropolitan Enforcement Group eligibility for
2grants. A Metropolitan Enforcement Group that meets the
3minimum criteria established in this Section is eligible to
4receive State grants to help defray the costs of operation. To
5be eligible, a MEG must:
6        (1) Be established and operating pursuant to
7    intergovernmental contracts written and executed in
8    conformity with the Intergovernmental Cooperation Act and
9    involve 2 or more units of local government.
10        (2) Establish a MEG Policy Board composed of an
11    elected official, or his or her designee, and the chief
12    law enforcement officer, or his or her designee, from each
13    participating unit of local government to oversee the
14    operations of the MEG and make such reports to the
15    Illinois State Police as the Department may require.
16        (3) Designate a single appropriate elected official of
17    a participating unit of local government to act as the
18    financial officer of the MEG for all participating units
19    of local government and to receive funds for the operation
20    of the MEG.
21        (4) Focus its operations to enforcement of Sections
22    18-3 and 18-4 of the Criminal Code of 2012.
23        (5) Cooperate with the Illinois State Police in order
24    to ensure compliance with this Act and to enable the
25    Illinois State Police to fulfill its duties under this

 

 

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1    Act, and supply the Illinois State Police with all
2    information the Illinois State Police deems necessary.
3        (6) Receive funding of at least 50% of the total
4    operating budget of the MEG from the participating units
5    of local government.
 
6    Section 15. Monitoring of operations. The Illinois State
7Police shall monitor the operations of all MEG units and
8determine their eligibility to receive State grants under this
9Act. From the money appropriated annually by the General
10Assembly for this purpose, the Director shall determine and
11certify to the Comptroller the amount of the grant to be made
12to each designated MEG financial officer. The amount of the
13State grant which a MEG may receive under this Act may not
14exceed 50% of the total operating budget of that MEG.
 
15    Section 20. Coordination of operations. The Illinois State
16Police shall coordinate the operations of all MEG units and
17may establish such reasonable rules and conduct those
18investigations the Director deems necessary to carry out its
19duties under this Act, including the establishment of forms
20for reporting by each MEG to the Illinois State Police.
 
21    Section 25. Assignment of functions and duties. The
22Director may assign the functions and duties created under
23this Act to be administered by the Illinois State Police,

 

 

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1Division of Investigation.
 
2    Section 30. Reporting. In the manner set forth in Section
33.1 of the General Assembly Organization Act, the Director
4shall report annually no later than February 1 to the Governor
5and the General Assembly on the operations of the Metropolitan
6Enforcement Groups, including a breakdown of the appropriation
7for the current fiscal year indicating the amount of the State
8grant each MEG received or will receive.
 
9    Section 90. The Illinois Criminal Justice Information Act
10is amended by adding Section 7.10 as follows:
 
11    (20 ILCS 3930/7.10 new)
12    Sec. 7.10. Grants to prevent predatory vehicular
13hijacking. Subject to appropriation, the Authority shall
14establish a program by which grants are administered for the
15purpose of preventing predatory vehicular hijacking. The
16Authority shall determine eligible recipients for the grants.
17Grants shall be made of money appropriated from the General
18Revenue Fund to eligible recipients to provide street-level
19intervention services for at-risk youth in danger of being
20recruited for the purpose of predatory vehicular hijacking.
21Funding appropriated for this program may be used for
22administrative costs. The Authority shall adopt rules to
23determine eligibility standards for grants under this Section.
 

 

 

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1    Section 95. The Illinois Motor Vehicle Theft Prevention
2and Insurance Verification Act is amended by changing Sections
31, 2, 3, 4, 7, 8, and 8.5 as follows:
 
4    (20 ILCS 4005/1)  (from Ch. 95 1/2, par. 1301)
5    (Section scheduled to be repealed on January 1, 2025)
6    Sec. 1. This Act shall be known as the Illinois Vehicle
7Hijacking and Motor Vehicle Theft Prevention and Insurance
8Verification Act.
9(Source: P.A. 100-373, eff. 1-1-18.)
 
10    (20 ILCS 4005/2)  (from Ch. 95 1/2, par. 1302)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 2. The purpose of this Act is to prevent, combat and
13reduce vehicle hijacking and related violent crime as well as
14motor vehicle theft in Illinois; to improve and support
15vehicle hijacking and motor vehicle theft law enforcement,
16prosecution and administration of vehicle hijacking and motor
17vehicle theft and insurance verification laws by establishing
18statewide planning capabilities for and coordination of
19financial resources.
20(Source: P.A. 100-373, eff. 1-1-18.)
 
21    (20 ILCS 4005/3)  (from Ch. 95 1/2, par. 1303)
22    (Section scheduled to be repealed on January 1, 2025)

 

 

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

 

 

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

 

 

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

 

 

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1    the purposes of this Act.
2        (g) To report annually, on or before January 1, 2019
3    to the Governor, General Assembly, and, upon request, to
4    members of the general public on the Council's activities
5    in the preceding year.
6        (h) To exercise any other powers that are reasonable,
7    necessary or convenient to fulfill its responsibilities,
8    to carry out and to effectuate the objectives and purposes
9    of the Council and the provisions of this Act, and to
10    comply with the requirements of applicable federal or
11    State laws, rules, or regulations; provided, however, that
12    these powers shall not include the power to subpoena or
13    arrest.
14        (i) To provide funding to the Secretary for the
15    creation, implementation, and maintenance of an electronic
16    motor vehicle liability insurance policy verification
17    program.
18(Source: P.A. 100-373, eff. 1-1-18.)
 
19    (20 ILCS 4005/8)  (from Ch. 95 1/2, par. 1308)
20    (Section scheduled to be repealed on January 1, 2025)
21    Sec. 8. (a) A special fund is created in the State Treasury
22known as the Vehicle Hijacking and Motor Vehicle Theft
23Prevention and Insurance Verification Trust Fund, which shall
24be administered by the Secretary at the direction of the
25Council. All interest earned from the investment or deposit of

 

 

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1monies accumulated in the Trust Fund shall, pursuant to
2Section 4.1 of the State Finance Act, be deposited in the Trust
3Fund.
4    (b) Money deposited in this Trust Fund shall not be
5considered general revenue of the State of Illinois.
6    (c) Money deposited in the Trust Fund shall be used only to
7enhance efforts to effectuate the purposes of this Act as
8determined by the Council and shall not be appropriated,
9loaned or in any manner transferred to the General Revenue
10Fund of the State of Illinois.
11    (d) Prior to April 1, 1991, and prior to April 1 of each
12year thereafter, each insurer engaged in writing private
13passenger motor vehicle insurance coverages which are included
14in Class 2 and Class 3 of Section 4 of the Illinois Insurance
15Code, as a condition of its authority to transact business in
16this State, may collect and shall pay into the Trust Fund an
17amount equal to $1.00, or a lesser amount determined by the
18Council, multiplied by the insurer's total earned car years of
19private passenger motor vehicle insurance policies providing
20physical damage insurance coverage written in this State
21during the preceding calendar year.
22    (e) Money in the Trust Fund shall be expended as follows:
23        (1) To pay the Secretary's costs to administer the
24    Council and the Trust Fund, but for this purpose in an
25    amount not to exceed 10% in any one fiscal year of the
26    amount collected pursuant to paragraph (d) of this Section

 

 

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

 

 

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

 

 

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1    (Section scheduled to be repealed on January 1, 2025)
2    Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle
3Theft Prevention Trust Fund. The State Police Vehicle
4Hijacking and Motor Vehicle Theft Prevention Trust Fund is
5created as a trust fund in the State treasury. The State
6Treasurer shall be the custodian of the Trust Fund. The Trust
7Fund is established to receive funds from the Illinois Vehicle
8Hijacking and Motor Vehicle Theft Prevention and Insurance
9Verification Council. All interest earned from the investment
10or deposit of moneys accumulated in the Trust Fund shall be
11deposited into the Trust Fund. Moneys in the Trust Fund shall
12be used by the Illinois State Police for motor vehicle theft
13prevention purposes.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    (20 ILCS 4005/12 rep.)
16    Section 100. The Illinois Motor Vehicle Theft Prevention
17and Insurance Verification Act is amended by repealing Section
1812.
 
19    Section 105. The State Finance Act is amended by changing
20Sections 5, 5.295, 6z-125, and 6z-126 as follows:
 
21    (30 ILCS 105/5)  (from Ch. 127, par. 141)
22    Sec. 5. Special funds.
23    (a) There are special funds in the State Treasury

 

 

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

 

 

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1    (30 ILCS 105/5.295)  (from Ch. 127, par. 141.295)
2    Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft
3Prevention and Insurance Verification Trust Fund.
4(Source: P.A. 100-373, eff. 1-1-18.)
 
5    (30 ILCS 105/6z-125)
6    Sec. 6z-125. State Police Training and Academy Fund. The
7State Police Training and Academy Fund is hereby created as a
8special fund in the State treasury. Moneys in the Fund shall
9consist of: (i) 10% of the revenue from increasing the
10insurance producer license fees, as provided under subsection
11(a-5) of Section 500-135 of the Illinois Insurance Code; and
12(ii) 10% of the moneys collected from auto insurance policy
13fees under Section 8.6 of the Illinois Vehicle Hijacking and
14Motor Vehicle Theft Prevention and Insurance Verification Act.
15This Fund shall be used by the Illinois State Police to fund
16training and other State Police institutions, including, but
17not limited to, forensic laboratories.
18(Source: P.A. 102-16, eff. 6-17-21.)
 
19    (30 ILCS 105/6z-126)
20    Sec. 6z-126. Law Enforcement Training Fund. The Law
21Enforcement Training Fund is hereby created as a special fund
22in the State treasury. Moneys in the Fund shall consist of: (i)
2390% of the revenue from increasing the insurance producer

 

 

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1license fees, as provided under subsection (a-5) of Section
2500-135 of the Illinois Insurance Code; and (ii) 90% of the
3moneys collected from auto insurance policy fees under Section
48.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
5Prevention and Insurance Verification Act. This Fund shall be
6used by the Illinois Law Enforcement Training and Standards
7Board to fund law enforcement certification compliance and the
8development and provision of basic courses by Board-approved
9academics, and in-service courses by approved academies.
10(Source: P.A. 102-16, eff. 6-17-21.)
 
11    Section 110. The Illinois Vehicle Code is amended by
12changing Section 4-109 as follows:
 
13    (625 ILCS 5/4-109)
14    Sec. 4-109. Motor Vehicle Theft Prevention Program. The
15Secretary of State, in conjunction with the Motor Vehicle
16Theft Prevention and Insurance Verification Council, is hereby
17authorized to establish and operate a Motor Vehicle Theft
18Prevention Program as follows:
19    (a) Voluntary program participation.
20    (b) The registered owner of a motor vehicle interested in
21participating in the program shall sign an informed consent
22agreement designed by the Secretary of State under subsection
23(e) of this Section indicating that the motor vehicle
24registered to him is not normally operated between the hours

 

 

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

 

 

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1of registered owners of motor vehicles who participate in the
2program. The records shall be available to all law enforcement
3departments, agencies, and forces. The Secretary of State
4shall cooperate with and assist all law enforcement officers
5and other agencies in tracing or examining any questionable
6motor vehicles in order to determine the ownership of the
7motor vehicles.
8    (g) A fee not to exceed $10 may be charged for the informed
9consent form and decal provided under this Section. The fee,
10if any, shall be set by the Motor Vehicle Theft Prevention and
11Insurance Verification Council and shall be collected by the
12Secretary of State and deposited into the Vehicle Hijacking
13and Motor Vehicle Theft Prevention and Insurance Verification
14Trust Fund.
15    (h) The Secretary of State, in consultation with the
16Director of the Illinois State Police and the Motor Vehicle
17Theft Prevention and Insurance Verification Council shall
18promulgate rules and regulations to effectuate the purposes of
19this Section.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    Section 115. The Criminal Code of 2012 is amended by
22adding Section 12C-36 as follows:
 
23    (720 ILCS 5/12C-36 new)
24    Sec. 12C-36. Predatory vehicular hijacking.

 

 

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1    (a) A person commits predatory vehicular hijacking when
2that person is 18 years of age or over and he or she knowingly
3commands or coerces a minor under 18 years of age to commit a
4violation of Section 18-3.
5    (b) Sentence. Predatory vehicular hijacking is a Class 1
6felony.
7    (c) This Section is repealed on January 1, 2026.
 
8    Section 120. The Crime Victims Compensation Act is amended
9by changing Section 2 as follows:
 
10    (740 ILCS 45/2)  (from Ch. 70, par. 72)
11    Sec. 2. Definitions. As used in this Act, unless the
12context otherwise requires:
13    (a) "Applicant" means any person who applies for
14compensation under this Act or any person the Court of Claims
15or the Attorney General finds is entitled to compensation,
16including the guardian of a minor or of a person under legal
17disability. It includes any person who was a dependent of a
18deceased victim of a crime of violence for his or her support
19at the time of the death of that victim.
20    The changes made to this subsection by this amendatory Act
21of the 101st General Assembly apply to actions commenced or
22pending on or after January 1, 2022.
23    (b) "Court of Claims" means the Court of Claims created by
24the Court of Claims Act.

 

 

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1    (c) "Crime of violence" means and includes any offense
2defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
310-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
411-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
512-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
612-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
712-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
8or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
9subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
101961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
11the Cemetery Protection Act, Section 125 of the Stalking No
12Contact Order Act, Section 219 of the Civil No Contact Order
13Act, driving under the influence as defined in Section 11-501
14of the Illinois Vehicle Code, a violation of Section 11-401 of
15the Illinois Vehicle Code, provided the victim was a
16pedestrian or was operating a vehicle moved solely by human
17power or a mobility device at the time of contact, and a
18violation of Section 11-204.1 of the Illinois Vehicle Code; so
19long as the offense did not occur during a civil riot,
20insurrection or rebellion. "Crime of violence" does not
21include any other offense or accident involving a motor
22vehicle except those vehicle offenses specifically provided
23for in this paragraph. "Crime of violence" does include all of
24the offenses specifically provided for in this paragraph that
25occur within this State but are subject to federal
26jurisdiction and crimes involving terrorism as defined in 18

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1income, but for the benefit of himself or herself or his or her
2family, if he or she had not been injured.
3    (j) "Dependents replacement services loss" means loss
4reasonably incurred by dependents or private legal guardians
5of minor dependents after a victim's death in obtaining
6ordinary and necessary services in lieu of those the victim
7would have performed, not for income, but for their benefit,
8if he or she had not been fatally injured.
9    (k) "Survivor" means immediate family including a parent,
10stepfather, stepmother, child, brother, sister, or spouse.
11    (l) "Parent" means a natural parent, adopted parent,
12stepparent, or permanent legal guardian of another person.
13    (m) "Trafficking tattoo" is a tattoo which is applied to a
14victim in connection with the commission of a violation of
15Section 10-9 of the Criminal Code of 2012.
16(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
17102-27, eff. 6-25-21.)".