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

HB1100ham002 102ND GENERAL ASSEMBLY

Rep. Eva Dina Delgado

Filed: 4/5/2022

 

 


 

 


 
10200HB1100ham002LRB102 03114 RLC 38706 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. This Act may be referred to as the
5Intergovernmental Vehicular Hijacking Enforcement Act.
 
6    Section 5. The Illinois Criminal Justice Information Act
7is amended by adding Section 7.10 as follows:
 
8    (20 ILCS 3930/7.10 new)
9    Sec. 7.10. Grants to prevent predatory vehicular
10hijacking. Subject to appropriation, the Authority shall
11establish a program by which grants are administered for the
12purpose of preventing predatory vehicular hijacking. The
13Authority shall determine eligible recipients for the grants.
14Grants shall be made of money appropriated from the General
15Revenue Fund to eligible recipients to provide street-level

 

 

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1intervention services for at-risk youth in danger of being
2recruited for the purpose of predatory vehicular hijacking.
3Funding appropriated for this program may be used for
4administrative costs. The Authority shall adopt rules to
5determine eligibility standards for grants under this Section.
 
6    Section 10. The Illinois Motor Vehicle Theft Prevention
7and Insurance Verification Act is amended by changing Sections
81, 2, 3, 4, 7, 8, and 8.5 as follows:
 
9    (20 ILCS 4005/1)  (from Ch. 95 1/2, par. 1301)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 1. This Act shall be known as the Illinois Vehicle
12Hijacking and Motor Vehicle Theft Prevention and Insurance
13Verification Act.
14(Source: P.A. 100-373, eff. 1-1-18.)
 
15    (20 ILCS 4005/2)  (from Ch. 95 1/2, par. 1302)
16    (Section scheduled to be repealed on January 1, 2025)
17    Sec. 2. The purpose of this Act is to prevent, combat and
18reduce vehicle hijacking and related violent crime as well as
19motor vehicle theft in Illinois; to improve and support
20vehicle hijacking and motor vehicle theft law enforcement,
21prosecution and administration of vehicle hijacking and motor
22vehicle theft and insurance verification laws by establishing
23statewide planning capabilities for and coordination of

 

 

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1financial resources.
2(Source: P.A. 100-373, eff. 1-1-18.)
 
3    (20 ILCS 4005/3)  (from Ch. 95 1/2, par. 1303)
4    (Section scheduled to be repealed on January 1, 2025)
5    Sec. 3. As used in this Act:
6    (a) (Blank).
7    (b) "Council" means the Illinois Vehicle Hijacking and
8Motor Vehicle Theft Prevention and Insurance Verification
9Council.
10    (b-2) "Director" means the Director of the Secretary of
11State Department of Police.
12    (b-5) "Police" means the Secretary of State Department of
13Police.
14    (b-7) "Secretary" means the Secretary of State.
15    (c) "Trust Fund" means the Vehicle Hijacking and Motor
16Vehicle Theft Prevention and Insurance Verification Trust
17Fund.
18(Source: P.A. 100-373, eff. 1-1-18.)
 
19    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
20    (Section scheduled to be repealed on January 1, 2025)
21    Sec. 4. There is hereby created an Illinois Vehicle
22Hijacking and Motor Vehicle Theft Prevention and Insurance
23Verification Council, which shall exercise its powers, duties
24and responsibilities. There shall be 11 members of the Council

 

 

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

 

 

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

 

 

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1    that appropriate agencies, units of government, private
2    organizations and combinations thereof are included in the
3    development and implementation of strategies or plans
4    adopted pursuant to this Act and to adopt rules or
5    regulations as may otherwise be necessary to effectuate
6    the purposes of this Act.
7        (g) To report annually, on or before January 1, 2019
8    to the Governor, General Assembly, and, upon request, to
9    members of the general public on the Council's activities
10    in the preceding year.
11        (h) To exercise any other powers that are reasonable,
12    necessary or convenient to fulfill its responsibilities,
13    to carry out and to effectuate the objectives and purposes
14    of the Council and the provisions of this Act, and to
15    comply with the requirements of applicable federal or
16    State laws, rules, or regulations; provided, however, that
17    these powers shall not include the power to subpoena or
18    arrest.
19        (i) To provide funding to the Secretary for the
20    creation, implementation, and maintenance of an electronic
21    motor vehicle liability insurance policy verification
22    program.
23(Source: P.A. 100-373, eff. 1-1-18.)
 
24    (20 ILCS 4005/8)  (from Ch. 95 1/2, par. 1308)
25    (Section scheduled to be repealed on January 1, 2025)

 

 

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1    Sec. 8. (a) A special fund is created in the State Treasury
2known as the Vehicle Hijacking and Motor Vehicle Theft
3Prevention and Insurance Verification Trust Fund, which shall
4be administered by the Secretary at the direction of the
5Council. All interest earned from the investment or deposit of
6monies accumulated in the Trust Fund shall, pursuant to
7Section 4.1 of the State Finance Act, be deposited in the Trust
8Fund.
9    (b) Money deposited in this Trust Fund shall not be
10considered general revenue of the State of Illinois.
11    (c) Money deposited in the Trust Fund shall be used only to
12enhance efforts to effectuate the purposes of this Act as
13determined by the Council and shall not be appropriated,
14loaned or in any manner transferred to the General Revenue
15Fund of the State of Illinois.
16    (d) Prior to April 1, 1991, and prior to April 1 of each
17year thereafter, each insurer engaged in writing private
18passenger motor vehicle insurance coverages which are included
19in Class 2 and Class 3 of Section 4 of the Illinois Insurance
20Code, as a condition of its authority to transact business in
21this State, may collect and shall pay into the Trust Fund an
22amount equal to $1.00, or a lesser amount determined by the
23Council, multiplied by the insurer's total earned car years of
24private passenger motor vehicle insurance policies providing
25physical damage insurance coverage written in this State
26during the preceding calendar year.

 

 

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1    (e) Money in the Trust Fund shall be expended as follows:
2        (1) To pay the Secretary's costs to administer the
3    Council and the Trust Fund, but for this purpose in an
4    amount not to exceed 10% in any one fiscal year of the
5    amount collected pursuant to paragraph (d) of this Section
6    in that same fiscal year.
7        (2) To achieve the purposes and objectives of this
8    Act, which may include, but not be limited to, the
9    following:
10            (A) To provide financial support to law
11        enforcement and correctional agencies, prosecutors,
12        and the judiciary for programs designed to reduce
13        vehicle hijacking and motor vehicle theft and to
14        improve the administration of motor vehicle theft
15        laws.
16            (B) To provide financial support for federal and
17        State agencies, units of local government,
18        corporations and neighborhood, community or business
19        organizations for programs designed to reduce motor
20        vehicle theft and to improve the administration of
21        vehicle hijacking and motor vehicle theft laws.
22            (C) To provide financial support to conduct
23        programs designed to inform owners of motor vehicles
24        about the financial and social costs of vehicle
25        hijacking, interstate shootings, and motor vehicle
26        theft and to suggest to those owners methods for

 

 

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1        preventing motor vehicle theft.
2            (D) To provide financial support for plans,
3        programs and projects designed to achieve the purposes
4        of this Act.
5        (3) To provide funding to the Secretary's Vehicle
6    Services Department for the creation, implementation, and
7    maintenance of an electronic motor vehicle liability
8    insurance policy verification program by allocating no
9    more than 75% of each dollar collected for the first
10    calendar year after the effective date of this amendatory
11    Act of the 100th General Assembly and no more than 50% of
12    each dollar collected for every other year after the first
13    calendar year. The Secretary shall distribute the funds to
14    the Vehicle Services Department at the beginning of each
15    calendar year.
16    (f) Insurers contributing to the Trust Fund shall have a
17property interest in the unexpended money in the Trust Fund,
18which property interest shall not be retroactively changed or
19extinguished by the General Assembly.
20    (g) In the event the Trust Fund were to be discontinued or
21the Council were to be dissolved by act of the General Assembly
22or by operation of law, then, notwithstanding the provisions
23of Section 5 of the State Finance Act, any balance remaining
24therein shall be returned to the insurers writing private
25passenger motor vehicle insurance in proportion to their
26financial contributions to the Trust Fund and any assets of

 

 

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1the Council shall be liquidated and returned in the same
2manner after deduction of administrative costs.
3(Source: P.A. 100-373, eff. 1-1-18.)
 
4    (20 ILCS 4005/8.5)
5    (Section scheduled to be repealed on January 1, 2025)
6    Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle
7Theft Prevention Trust Fund. The State Police Vehicle
8Hijacking and Motor Vehicle Theft Prevention Trust Fund is
9created as a trust fund in the State treasury. The State
10Treasurer shall be the custodian of the Trust Fund. The Trust
11Fund is established to receive funds from the Illinois Vehicle
12Hijacking and Motor Vehicle Theft Prevention and Insurance
13Verification Council. All interest earned from the investment
14or deposit of moneys accumulated in the Trust Fund shall be
15deposited into the Trust Fund. Moneys in the Trust Fund shall
16be used by the Illinois State Police for motor vehicle theft
17prevention purposes.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    (20 ILCS 4005/12 rep.)
20    Section 15. The Illinois Motor Vehicle Theft Prevention
21and Insurance Verification Act is amended by repealing Section
2212.
 
23    Section 20. The State Finance Act is amended by changing

 

 

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1Sections 5, 5.295, 6z-125, and 6z-126 as follows:
 
2    (30 ILCS 105/5)  (from Ch. 127, par. 141)
3    Sec. 5. Special funds.
4    (a) There are special funds in the State Treasury
5designated as specified in the Sections which succeed this
6Section 5 and precede Section 6.
7    (b) Except as provided in the Illinois Vehicle Hijacking
8and Motor Vehicle Theft Prevention and Insurance Verification
9Act, when any special fund in the State Treasury is
10discontinued by an Act of the General Assembly, any balance
11remaining therein on the effective date of such Act shall be
12transferred to the General Revenue Fund, or to such other fund
13as such Act shall provide. Warrants outstanding against such
14discontinued fund at the time of the transfer of any such
15balance therein shall be paid out of the fund to which the
16transfer was made.
17    (c) When any special fund in the State Treasury has been
18inactive for 18 months or longer, the fund is automatically
19terminated by operation of law and the balance remaining in
20such fund shall be transferred by the Comptroller to the
21General Revenue Fund. When a special fund has been terminated
22by operation of law as provided in this Section, the General
23Assembly shall repeal or amend all Sections of the statutes
24creating or otherwise referring to that fund.
25    The Comptroller shall be allowed the discretion to

 

 

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

 

 

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1    (30 ILCS 105/6z-126)
2    Sec. 6z-126. Law Enforcement Training Fund. The Law
3Enforcement Training Fund is hereby created as a special fund
4in the State treasury. Moneys in the Fund shall consist of: (i)
590% of the revenue from increasing the insurance producer
6license fees, as provided under subsection (a-5) of Section
7500-135 of the Illinois Insurance Code; and (ii) 90% of the
8moneys collected from auto insurance policy fees under Section
98.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
10Prevention and Insurance Verification Act. This Fund shall be
11used by the Illinois Law Enforcement Training and Standards
12Board to fund law enforcement certification compliance and the
13development and provision of basic courses by Board-approved
14academics, and in-service courses by approved academies.
15(Source: P.A. 102-16, eff. 6-17-21.)
 
16    Section 25. The Illinois Vehicle Code is amended by
17changing Section 4-109 as follows:
 
18    (625 ILCS 5/4-109)
19    Sec. 4-109. Motor Vehicle Theft Prevention Program. The
20Secretary of State, in conjunction with the Motor Vehicle
21Theft Prevention and Insurance Verification Council, is hereby
22authorized to establish and operate a Motor Vehicle Theft
23Prevention Program as follows:
24    (a) Voluntary program participation.

 

 

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1    (b) The registered owner of a motor vehicle interested in
2participating in the program shall sign an informed consent
3agreement designed by the Secretary of State under subsection
4(e) of this Section indicating that the motor vehicle
5registered to him is not normally operated between the hours
6of 1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
7submitted to the Secretary of State for processing.
8    (c) Upon processing the form, the Secretary of State shall
9issue to the registered owner a decal. The registered owner
10shall affix the decal in a conspicuous place on his motor
11vehicle as prescribed by the Secretary of State.
12    (d) Whenever any law enforcement officer shall see a motor
13vehicle displaying a decal issued under the provisions of
14subsection (c) of this Section being operated upon the public
15highways of this State between the hours of 1:00 a.m. and 5:00
16a.m., the officer is authorized to stop that motor vehicle and
17to request the driver to produce a valid driver's license and
18motor vehicle registration card if required to be carried in
19the vehicle. Whenever the operator of a motor vehicle
20displaying a decal is unable to produce the documentation set
21forth in this Section, the police officer shall investigate
22further to determine if the person operating the motor vehicle
23is the registered owner or has the authorization of the owner
24to operate the vehicle.
25    (e) The Secretary of State, in consultation with the
26Director of the Illinois State Police and Motor Vehicle Theft

 

 

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1Prevention and Insurance Verification Council, shall design
2the manner and form of the informed consent agreement required
3under subsection (b) of this Section and the decal required
4under subsection (c) of this Section.
5    (f) The Secretary of State shall provide for the recording
6of registered owners of motor vehicles who participate in the
7program. The records shall be available to all law enforcement
8departments, agencies, and forces. The Secretary of State
9shall cooperate with and assist all law enforcement officers
10and other agencies in tracing or examining any questionable
11motor vehicles in order to determine the ownership of the
12motor vehicles.
13    (g) A fee not to exceed $10 may be charged for the informed
14consent form and decal provided under this Section. The fee,
15if any, shall be set by the Motor Vehicle Theft Prevention and
16Insurance Verification Council and shall be collected by the
17Secretary of State and deposited into the Vehicle Hijacking
18and Motor Vehicle Theft Prevention and Insurance Verification
19Trust Fund.
20    (h) The Secretary of State, in consultation with the
21Director of the Illinois State Police and the Motor Vehicle
22Theft Prevention and Insurance Verification Council shall
23promulgate rules and regulations to effectuate the purposes of
24this Section.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    Section 30. The Criminal Code of 2012 is amended by adding
2Section 12C-36 as follows:
 
3    (720 ILCS 5/12C-36 new)
4    Sec. 12C-36. Predatory vehicular hijacking.
5    (a) A person commits predatory vehicular hijacking when
6that person is 18 years of age or over and he or she knowingly
7commands or coerces a minor under 18 years of age to commit a
8violation of Section 18-3.
9    (b) Sentence. Predatory vehicular hijacking is a Class 1
10felony.
11    (c) This Section is repealed on January 1, 2026.
 
12    Section 35. The Crime Victims Compensation Act is amended
13by changing Section 2 as follows:
 
14    (740 ILCS 45/2)  (from Ch. 70, par. 72)
15    Sec. 2. Definitions. As used in this Act, unless the
16context otherwise requires:
17    (a) "Applicant" means any person who applies for
18compensation under this Act or any person the Court of Claims
19or the Attorney General finds is entitled to compensation,
20including the guardian of a minor or of a person under legal
21disability. It includes any person who was a dependent of a
22deceased victim of a crime of violence for his or her support
23at the time of the death of that victim.

 

 

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1    The changes made to this subsection by this amendatory Act
2of the 101st General Assembly apply to actions commenced or
3pending on or after January 1, 2022.
4    (b) "Court of Claims" means the Court of Claims created by
5the Court of Claims Act.
6    (c) "Crime of violence" means and includes any offense
7defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
810-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
911-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
1012-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
1112-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
1212-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
13or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
14subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
151961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
16the Cemetery Protection Act, Section 125 of the Stalking No
17Contact Order Act, Section 219 of the Civil No Contact Order
18Act, driving under the influence as defined in Section 11-501
19of the Illinois Vehicle Code, a violation of Section 11-401 of
20the Illinois Vehicle Code, provided the victim was a
21pedestrian or was operating a vehicle moved solely by human
22power or a mobility device at the time of contact, and a
23violation of Section 11-204.1 of the Illinois Vehicle Code; so
24long as the offense did not occur during a civil riot,
25insurrection or rebellion. "Crime of violence" does not
26include any other offense or accident involving a motor

 

 

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1vehicle except those vehicle offenses specifically provided
2for in this paragraph. "Crime of violence" does include all of
3the offenses specifically provided for in this paragraph that
4occur within this State but are subject to federal
5jurisdiction and crimes involving terrorism as defined in 18
6U.S.C. 2331.
7    (d) "Victim" means (1) a person killed or injured in this
8State as a result of a crime of violence perpetrated or
9attempted against him or her, (2) the spouse, parent, or child
10of a person killed or injured in this State as a result of a
11crime of violence perpetrated or attempted against the person,
12or anyone living in the household of a person killed or injured
13in a relationship that is substantially similar to that of a
14parent, spouse, or child, (3) a person killed or injured in
15this State while attempting to assist a person against whom a
16crime of violence is being perpetrated or attempted, if that
17attempt of assistance would be expected of a reasonable person
18under the circumstances, (4) a person killed or injured in
19this State while assisting a law enforcement official
20apprehend a person who has perpetrated a crime of violence or
21prevent the perpetration of any such crime if that assistance
22was in response to the express request of the law enforcement
23official, (5) a person who personally witnessed a violent
24crime, (5.05) a person who will be called as a witness by the
25prosecution to establish a necessary nexus between the
26offender and the violent crime, (5.1) solely for the purpose

 

 

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

 

 

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1stepfather, stepmother, child, grandchild, brother,
2brother-in-law, sister, sister-in-law, half brother, half
3sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
4living in the household of a person killed or injured in a
5relationship that is substantially similar to that of a
6parent, spouse, or child.
7    (g) "Child" means a son or daughter and includes a
8stepchild, an adopted child or a child born out of wedlock.
9    (h) "Pecuniary loss" means, in the case of injury,
10appropriate medical expenses and hospital expenses including
11expenses of medical examinations, rehabilitation, medically
12required nursing care expenses, appropriate psychiatric care
13or psychiatric counseling expenses, appropriate expenses for
14care or counseling by a licensed clinical psychologist,
15licensed clinical social worker, licensed professional
16counselor, or licensed clinical professional counselor and
17expenses for treatment by Christian Science practitioners and
18nursing care appropriate thereto; transportation expenses to
19and from medical and counseling treatment facilities;
20prosthetic appliances, eyeglasses, and hearing aids necessary
21or damaged as a result of the crime; expenses incurred for the
22towing of a victim's vehicle in connection with a crime of
23violence; costs associated with trafficking tattoo removal by
24a person authorized or licensed to perform the specific
25removal procedure; replacement costs for clothing and bedding
26used as evidence; costs associated with temporary lodging or

 

 

10200HB1100ham002- 21 -LRB102 03114 RLC 38706 a

1relocation necessary as a result of the crime, including, but
2not limited to, the first month's rent and security deposit of
3the dwelling that the claimant relocated to and other
4reasonable relocation expenses incurred as a result of the
5violent crime; locks or windows necessary or damaged as a
6result of the crime; the purchase, lease, or rental of
7equipment necessary to create usability of and accessibility
8to the victim's real and personal property, or the real and
9personal property which is used by the victim, necessary as a
10result of the crime; the costs of appropriate crime scene
11clean-up; replacement services loss, to a maximum of $1,250
12per month; dependents replacement services loss, to a maximum
13of $1,250 per month; loss of tuition paid to attend grammar
14school or high school when the victim had been enrolled as a
15student prior to the injury, or college or graduate school
16when the victim had been enrolled as a day or night student
17prior to the injury when the victim becomes unable to continue
18attendance at school as a result of the crime of violence
19perpetrated against him or her; loss of earnings, loss of
20future earnings because of disability resulting from the
21injury, and, in addition, in the case of death, expenses for
22funeral, burial, and travel and transport for survivors of
23homicide victims to secure bodies of deceased victims and to
24transport bodies for burial all of which may be awarded up to a
25maximum of $10,000 and loss of support of the dependents of the
26victim; in the case of dismemberment or desecration of a body,

 

 

10200HB1100ham002- 22 -LRB102 03114 RLC 38706 a

1expenses for funeral and burial, all of which may be awarded up
2to a maximum of $10,000. Loss of future earnings shall be
3reduced by any income from substitute work actually performed
4by the victim or by income he or she would have earned in
5available appropriate substitute work he or she was capable of
6performing but unreasonably failed to undertake. Loss of
7earnings, loss of future earnings and loss of support shall be
8determined on the basis of the victim's average net monthly
9earnings for the 6 months immediately preceding the date of
10the injury or on $2,400 per month, whichever is less or, in
11cases where the absences commenced more than 3 years from the
12date of the crime, on the basis of the net monthly earnings for
13the 6 months immediately preceding the date of the first
14absence, not to exceed $2,400 per month. If a divorced or
15legally separated applicant is claiming loss of support for a
16minor child of the deceased, the amount of support for each
17child shall be based either on the amount of support pursuant
18to the judgment prior to the date of the deceased victim's
19injury or death, or, if the subject of pending litigation
20filed by or on behalf of the divorced or legally separated
21applicant prior to the injury or death, on the result of that
22litigation. Real and personal property includes, but is not
23limited to, vehicles, houses, apartments, town houses, or
24condominiums. Pecuniary loss does not include pain and
25suffering or property loss or damage.
26    The changes made to this subsection by this amendatory Act

 

 

10200HB1100ham002- 23 -LRB102 03114 RLC 38706 a

1of the 101st General Assembly apply to actions commenced or
2pending on or after January 1, 2022.
3    (i) "Replacement services loss" means expenses reasonably
4incurred in obtaining ordinary and necessary services in lieu
5of those the injured person would have performed, not for
6income, but for the benefit of himself or herself or his or her
7family, if he or she had not been injured.
8    (j) "Dependents replacement services loss" means loss
9reasonably incurred by dependents or private legal guardians
10of minor dependents after a victim's death in obtaining
11ordinary and necessary services in lieu of those the victim
12would have performed, not for income, but for their benefit,
13if he or she had not been fatally injured.
14    (k) "Survivor" means immediate family including a parent,
15stepfather, stepmother, child, brother, sister, or spouse.
16    (l) "Parent" means a natural parent, adopted parent,
17stepparent, or permanent legal guardian of another person.
18    (m) "Trafficking tattoo" is a tattoo which is applied to a
19victim in connection with the commission of a violation of
20Section 10-9 of the Criminal Code of 2012.
21(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
22102-27, eff. 6-25-21.)".