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

HB1100ham004 102ND GENERAL ASSEMBLY

Rep. Eva Dina Delgado

Filed: 4/5/2022

 

 


 

 


 
10200HB1100ham004LRB102 03114 LNS 38762 a

1
AMENDMENT TO HOUSE BILL 1100

2    AMENDMENT NO. ______. Amend House Bill 1100, AS AMENDED,
3by replacing Section 35 with the following:
 
4    "Section 35. The Crime Victims Compensation Act is amended
5by changing Sections 2, 7.1, and 10.1 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
11or the Attorney General finds is entitled to compensation,
12including the guardian of a minor or of a person under legal
13disability. It includes any person who was a dependent of a
14deceased victim of a crime of violence for his or her support
15at the time of the death of that victim.
16    The changes made to this subsection by this amendatory Act

 

 

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1of the 101st General Assembly apply to actions commenced or
2pending on or after January 1, 2022.
3    (b) "Court of Claims" means the Court of Claims created by
4the Court of Claims Act.
5    (c) "Crime of violence" means and includes any offense
6defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
710-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
811-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
912-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
1012-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
1112-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
12or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
13subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
141961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
15the Cemetery Protection Act, Section 125 of the Stalking No
16Contact Order Act, Section 219 of the Civil No Contact Order
17Act, driving under the influence as defined in Section 11-501
18of the Illinois Vehicle Code, a violation of Section 11-401 of
19the Illinois Vehicle Code, provided the victim was a
20pedestrian or was operating a vehicle moved solely by human
21power or a mobility device at the time of contact, and a
22violation of Section 11-204.1 of the Illinois Vehicle Code; so
23long as the offense did not occur during a civil riot,
24insurrection or rebellion. "Crime of violence" does not
25include any other offense or accident involving a motor
26vehicle except those vehicle offenses specifically provided

 

 

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

 

 

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

 

 

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1brother-in-law, sister, sister-in-law, half brother, half
2sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
3living in the household of a person killed or injured in a
4relationship that is substantially similar to that of a
5parent, spouse, or child.
6    (g) "Child" means a son or daughter and includes a
7stepchild, an adopted child or a child born out of wedlock.
8    (h) "Pecuniary loss" means, in the case of injury,
9appropriate medical expenses and hospital expenses including
10expenses of medical examinations, rehabilitation, medically
11required nursing care expenses, appropriate psychiatric care
12or psychiatric counseling expenses, appropriate expenses for
13care or counseling by a licensed clinical psychologist,
14licensed clinical social worker, licensed professional
15counselor, or licensed clinical professional counselor and
16expenses for treatment by Christian Science practitioners and
17nursing care appropriate thereto; transportation expenses to
18and from medical and counseling treatment facilities;
19prosthetic appliances, eyeglasses, and hearing aids necessary
20or damaged as a result of the crime; expenses incurred for the
21towing of a victim's vehicle in connection with a crime of
22violence, to a maximum of $1,000; costs associated with
23trafficking tattoo removal by a person authorized or licensed
24to perform the specific removal procedure; replacement costs
25for clothing and bedding used as evidence; costs associated
26with temporary lodging or relocation necessary as a result of

 

 

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

 

 

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1which may be awarded up to a maximum of $10,000. Loss of future
2earnings shall be reduced by any income from substitute work
3actually performed by the victim or by income he or she would
4have earned in available appropriate substitute work he or she
5was capable of performing but unreasonably failed to
6undertake. Loss of earnings, loss of future earnings and loss
7of support shall be determined on the basis of the victim's
8average net monthly earnings for the 6 months immediately
9preceding the date of the injury or on $2,400 per month,
10whichever is less or, in cases where the absences commenced
11more than 3 years from the date of the crime, on the basis of
12the net monthly earnings for the 6 months immediately
13preceding the date of the first absence, not to exceed $2,400
14per month. If a divorced or legally separated applicant is
15claiming loss of support for a minor child of the deceased, the
16amount of support for each child shall be based either on the
17amount of support pursuant to the judgment prior to the date of
18the deceased victim's injury or death, or, if the subject of
19pending litigation filed by or on behalf of the divorced or
20legally separated applicant prior to the injury or death, on
21the result of that litigation. Real and personal property
22includes, but is not limited to, vehicles, houses, apartments,
23town houses, or condominiums. Pecuniary loss does not include
24pain and suffering or property loss or damage.
25    The changes made to this subsection by this amendatory Act
26of the 101st General Assembly apply to actions commenced or

 

 

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1pending on or after January 1, 2022.
2    (i) "Replacement services loss" means expenses reasonably
3incurred in obtaining ordinary and necessary services in lieu
4of those the injured person would have performed, not for
5income, but for the benefit of himself or herself or his or her
6family, if he or she had not been injured.
7    (j) "Dependents replacement services loss" means loss
8reasonably incurred by dependents or private legal guardians
9of minor dependents after a victim's death in obtaining
10ordinary and necessary services in lieu of those the victim
11would have performed, not for income, but for their benefit,
12if he or she had not been fatally injured.
13    (k) "Survivor" means immediate family including a parent,
14stepfather, stepmother, child, brother, sister, or spouse.
15    (l) "Parent" means a natural parent, adopted parent,
16stepparent, or permanent legal guardian of another person.
17    (m) "Trafficking tattoo" is a tattoo which is applied to a
18victim in connection with the commission of a violation of
19Section 10-9 of the Criminal Code of 2012.
20(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
21102-27, eff. 6-25-21.)
 
22    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
23    Sec. 7.1. (a) The application shall set out:
24        (1) the name and address of the victim;
25        (2) if the victim is deceased, the name and address of

 

 

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1    the applicant and his or her relationship to the victim,
2    the names and addresses of other persons dependent on the
3    victim for their support and the extent to which each is so
4    dependent, and other persons who may be entitled to
5    compensation for a pecuniary loss;
6        (3) the date and nature of the crime on which the
7    application for compensation is based;
8        (4) the date and place where and the law enforcement
9    officials to whom notification of the crime was given;
10        (5) the nature and extent of the injuries sustained by
11    the victim, and the names and addresses of those giving
12    medical and hospitalization treatment to the victim;
13        (6) the pecuniary loss to the applicant and to such
14    other persons as are specified under item (2) resulting
15    from the injury or death;
16        (7) the amount of benefits, payments, or awards, if
17    any, payable under:
18            (a) the Workers' Compensation Act,
19            (b) the Dram Shop Act,
20            (c) any claim, demand, or cause of action based
21        upon the crime-related injury or death,
22            (d) the Federal Medicare program,
23            (e) the State Public Aid program,
24            (f) Social Security Administration burial
25        benefits,
26            (g) Veterans administration burial benefits,

 

 

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1            (h) life, health, accident, vehicle, towing, or
2        liability insurance,
3            (i) the Criminal Victims' Escrow Account Act,
4            (j) the Sexual Assault Survivors Emergency
5        Treatment Act,
6            (k) restitution, or
7            (l) any other source;
8        (8) releases authorizing the surrender to the Court of
9    Claims or Attorney General of reports, documents and other
10    information relating to the matters specified under this
11    Act and rules promulgated in accordance with the Act;
12        (9) such other information as the Court of Claims or
13    the Attorney General reasonably requires.
14    (b) The Attorney General may require that materials
15substantiating the facts stated in the application be
16submitted with that application.
17    (c) An applicant, on his or her own motion, may file an
18amended application or additional substantiating materials to
19correct inadvertent errors or omissions at any time before the
20original application has been disposed of by the Court of
21Claims or the Attorney General. In either case, the filing of
22additional information or of an amended application shall be
23considered for the purpose of this Act to have been filed at
24the same time as the original application.
25    For claims submitted on or after January 1, 2022, an
26amended application or additional substantiating materials to

 

 

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1correct inadvertent errors or omissions may be filed at any
2time before the original application is disposed of by the
3Attorney General or the Court of Claims.
4    (d) Determinations submitted by the Attorney General to
5the Court of Claims shall be available to the Court of Claims
6for review. The Attorney General shall provide the sources and
7evidence relied upon as a basis for a compensation
8determination.
9    (e) The changes made to this Section by this amendatory
10Act of the 101st General Assembly apply to actions commenced
11or pending on or after January 1, 2022.
12(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
13    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
14    Sec. 10.1. Amount of compensation. The amount of
15compensation to which an applicant and other persons are
16entitled shall be based on the following factors:
17    (a) A victim may be compensated for his or her pecuniary
18loss.
19    (b) A dependent may be compensated for loss of support.
20    (c) Any person, even though not dependent upon the victim
21for his or her support, may be compensated for reasonable
22expenses of the victim to the extent to which he or she has
23paid or become obligated to pay such expenses and only after
24compensation for reasonable funeral, medical and hospital
25expenses of the victim have been awarded may compensation be

 

 

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1made for reasonable expenses of the victim incurred for
2psychological treatment of a mental or emotional condition
3caused or aggravated by the crime.
4    (d) An award shall be reduced or denied according to the
5extent to which the victim's injury or death was caused by
6provocation or incitement by the victim or the victim
7assisting, attempting, or committing a criminal act. A denial
8or reduction shall not automatically bar the survivors of
9homicide victims from receiving compensation for counseling,
10crime scene cleanup, relocation, funeral or burial costs, and
11loss of support if the survivor's actions have not initiated,
12provoked, or aggravated the suspect into initiating the
13qualifying crime.
14    (e) An award shall be reduced by the amount of benefits,
15payments or awards payable under those sources which are
16required to be listed under item (7) of Section 7.1(a) and any
17other sources except annuities, pension plans, Federal Social
18Security payments payable to dependents of the victim and the
19net proceeds of the first $25,000 of life insurance that would
20inure to the benefit of the applicant, which the applicant or
21any other person dependent for the support of a deceased
22victim, as the case may be, has received or to which he or she
23is entitled as a result of injury to or death of the victim.
24    (f) A final award shall not exceed $10,000 for a crime
25committed prior to September 22, 1979, $15,000 for a crime
26committed on or after September 22, 1979 and prior to January

 

 

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11, 1986, $25,000 for a crime committed on or after January 1,
21986 and prior to August 7, 1998, $27,000 for a crime committed
3on or after August 7, 1998 and prior to August 7, 2022, or
4$45,000 for a crime committed on or after August 7, 2022. If
5the total pecuniary loss is greater than the maximum amount
6allowed, the award shall be divided in proportion to the
7amount of actual loss among those entitled to compensation.
8    (g) Compensation under this Act is a secondary source of
9compensation and the applicant must show that he or she has
10exhausted the benefits reasonably available under the Criminal
11Victims' Escrow Account Act or any governmental or medical or
12health insurance programs, including, but not limited to,
13Workers' Compensation, the Federal Medicare program, the State
14Public Aid program, Social Security Administration burial
15benefits, and Veterans Administration burial benefits, and
16life, health, accident, full vehicle coverage (including
17towing insurance, if available), or liability insurance.
18(Source: P.A. 102-27, eff. 1-1-22.)".