Full Text of HB4155 100th General Assembly
HB4155 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4155 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
| 740 ILCS 45/2 | from Ch. 70, par. 72 | 740 ILCS 45/6.1 | from Ch. 70, par. 76.1 |
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Amends the Crime Victims Compensation Act. Provides that "pecuniary loss" includes appropriate
psychiatric care or psychiatric counseling expenses and expenses for care or
counseling by a licensed clinical psychologist, licensed clinical social
worker, licensed professional counselor, or licensed clinical professional counselor provided to an applicant either before or after and in connection with a parole or clemency hearing for the person who committed the crime. Provides that an applicant is entitled to compensation for care or counseling received in connection with a parole or clemency hearing for the person who committed the crime if the applicant applies for compensation within one year after the hearing.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Crime Victims Compensation Act is amended by | 5 | | changing Sections 2 and 6.1 as follows:
| 6 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
| 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | (a) "Applicant" means any person who applies for | 10 | | compensation under this
Act or any person the Court of Claims | 11 | | finds is entitled to compensation,
including the guardian of a | 12 | | minor or of a person under legal disability. It
includes any | 13 | | person who was a dependent of a deceased victim of a crime of
| 14 | | violence for his or her support at the time of the death of | 15 | | that victim.
| 16 | | (b) "Court of Claims" means the Court of Claims created by | 17 | | the Court
of Claims Act.
| 18 | | (c) "Crime of violence" means and includes any offense | 19 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | 20 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 21 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, | 22 | | 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, | 23 | | 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15,
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| 1 | | 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 | 2 | | except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) | 3 | | of Section 11-14.4, of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery | 5 | | Protection Act, Section 125 of the Stalking No Contact Order | 6 | | Act, Section 219 of the Civil No Contact Order Act, driving | 7 | | under
the influence as defined in Section
11-501 of the | 8 | | Illinois Vehicle Code, a violation of Section 11-401 of the | 9 | | Illinois Vehicle Code, provided the victim was a pedestrian or | 10 | | was operating a vehicle moved solely by human power or a | 11 | | mobility device at the time of contact, and a violation of | 12 | | Section 11-204.1 of the Illinois Vehicle Code; so long as the | 13 | | offense did not occur
during a civil riot, insurrection or | 14 | | rebellion. "Crime of violence" does not
include any other | 15 | | offense or accident involving a motor vehicle except those
| 16 | | vehicle offenses specifically provided for in this paragraph. | 17 | | "Crime of
violence" does include all of the offenses | 18 | | specifically provided for in this
paragraph that occur within | 19 | | this State but are subject to federal jurisdiction
and crimes | 20 | | involving terrorism as defined in 18 U.S.C. 2331.
| 21 | | (d) "Victim" means (1) a person killed or injured in this | 22 | | State as a
result of a crime of violence perpetrated or | 23 | | attempted against him or her,
(2) the
spouse or parent of a | 24 | | person killed or injured in this State as a result of a crime | 25 | | of
violence perpetrated or attempted against the person, (3) a | 26 | | person killed
or injured in this State while attempting to |
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| 1 | | assist a person against whom a
crime of violence is being | 2 | | perpetrated or attempted, if that attempt of
assistance would | 3 | | be expected of a reasonable person under the circumstances,
(4) | 4 | | a person killed or injured in this State while assisting a law
| 5 | | enforcement official apprehend a person who has perpetrated a | 6 | | crime of
violence or prevent the perpetration of any such crime | 7 | | if that
assistance was in response to the express request of | 8 | | the law enforcement
official, (5) a person who personally
| 9 | | witnessed a violent crime, (5.05) a person who will be called | 10 | | as a witness by the prosecution to establish a necessary nexus | 11 | | between the offender and the violent crime, (5.1) solely
for | 12 | | the purpose of compensating for pecuniary loss incurred for
| 13 | | psychological treatment of a mental or emotional condition | 14 | | caused or aggravated
by the crime, any other person under the | 15 | | age of 18 who is the brother, sister,
half brother, half | 16 | | sister, child, or stepchild
of a person killed or injured in
| 17 | | this State as a
result of a crime of violence, (6) an Illinois | 18 | | resident
who is a victim of a "crime of violence" as defined in | 19 | | this Act except, if
the crime occurred outside this State, the | 20 | | resident has the same rights
under this Act as if the crime had | 21 | | occurred in this State upon a showing
that the state, | 22 | | territory, country, or political subdivision of a country
in | 23 | | which the crime occurred does not have a compensation of | 24 | | victims of
crimes law for which that Illinois resident is | 25 | | eligible, (7) a deceased person whose body is dismembered or | 26 | | whose remains are desecrated as the result of a crime of |
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| 1 | | violence, or (8) solely for the purpose of compensating for | 2 | | pecuniary loss incurred for psychological treatment of a mental | 3 | | or emotional condition caused or aggravated by the crime, any | 4 | | parent, spouse, or child under the age of 18 of a deceased | 5 | | person whose body is dismembered or whose remains are | 6 | | desecrated as the result of a crime of violence.
| 7 | | (e) "Dependent" means a relative of a deceased victim who | 8 | | was wholly or
partially dependent upon the victim's income at | 9 | | the time of his or her
death
and shall include the child of a | 10 | | victim born after his or her death.
| 11 | | (f) "Relative" means a spouse, parent, grandparent, | 12 | | stepfather, stepmother,
child, grandchild, brother, | 13 | | brother-in-law, sister, sister-in-law, half
brother, half | 14 | | sister, spouse's parent, nephew, niece, uncle or aunt.
| 15 | | (g) "Child" means an unmarried son or daughter who is under | 16 | | 18 years of
age and includes a stepchild, an adopted child or a | 17 | | child born out of wedlock.
| 18 | | (h) "Pecuniary loss" means, in the case of injury, | 19 | | appropriate medical
expenses and hospital expenses including | 20 | | expenses of medical
examinations, rehabilitation, medically | 21 | | required
nursing care expenses, appropriate
psychiatric care | 22 | | or psychiatric counseling expenses, expenses for care or
| 23 | | counseling by a licensed clinical psychologist, licensed | 24 | | clinical social
worker, licensed professional counselor, or | 25 | | licensed clinical professional counselor and expenses for | 26 | | treatment by Christian Science practitioners and
nursing care |
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| 1 | | appropriate thereto; transportation expenses to and from | 2 | | medical and counseling treatment facilities; prosthetic | 3 | | appliances, eyeglasses, and
hearing aids necessary or damaged | 4 | | as a result of the
crime; costs associated with trafficking | 5 | | tattoo removal by a person authorized or licensed to perform | 6 | | the specific removal procedure; replacement costs for clothing | 7 | | and bedding used as evidence; costs
associated with temporary | 8 | | lodging or relocation necessary as a
result of the crime, | 9 | | including, but not limited to, the first month's rent and | 10 | | security deposit of the dwelling that the claimant relocated to | 11 | | and other reasonable relocation expenses incurred as a result | 12 | | of the violent crime;
locks or windows necessary or damaged as | 13 | | a result of the crime; the purchase,
lease, or rental of | 14 | | equipment necessary to create usability of and
accessibility to | 15 | | the victim's real and personal property, or the real and
| 16 | | personal property which is used by the victim, necessary as a | 17 | | result of the
crime; the costs of appropriate crime scene | 18 | | clean-up;
replacement
services loss, to a maximum of $1,250 per | 19 | | month;
dependents replacement
services loss, to a maximum of | 20 | | $1,250 per month; loss of tuition paid to
attend grammar school | 21 | | or high school when the victim had been enrolled as a
student | 22 | | prior to the injury, or college or graduate school when
the | 23 | | victim had been enrolled as a day or night student prior to
the | 24 | | injury when the victim becomes unable to continue attendance at | 25 | | school
as a result of the crime of violence perpetrated against | 26 | | him or her; loss
of
earnings, loss of future earnings because |
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| 1 | | of disability resulting from the
injury, and, in addition, in | 2 | | the case of death, expenses for funeral, burial, and travel and | 3 | | transport for survivors
of homicide victims to secure bodies of | 4 | | deceased victims and to transport
bodies for burial all of | 5 | | which
may not exceed a maximum of $7,500 and loss of support of | 6 | | the dependents of
the victim; in the case of dismemberment or | 7 | | desecration of a body, expenses for funeral and burial, all of | 8 | | which may not exceed a maximum of $7,500.
Loss of future | 9 | | earnings shall be reduced by any income from substitute work
| 10 | | actually performed by the victim or by income he or she would | 11 | | have earned
in
available appropriate substitute work he or she | 12 | | was capable of performing
but
unreasonably failed to undertake. | 13 | | Loss of earnings, loss of future
earnings and loss of support | 14 | | shall be determined on the basis of the
victim's average net | 15 | | monthly earnings for the 6 months immediately
preceding the | 16 | | date of the injury or on $1,250 per month, whichever is less | 17 | | or, in cases where the absences commenced more than 3 years | 18 | | from the date of the crime, on the basis of the net monthly | 19 | | earnings for the 6 months immediately preceding the date of the | 20 | | first absence, not to exceed $1,250 per month.
If a divorced or | 21 | | legally separated applicant is claiming loss of support
for a | 22 | | minor child of the deceased, the amount of support for each | 23 | | child
shall be based either on the amount of support
pursuant | 24 | | to the judgment prior to the date of the deceased
victim's | 25 | | injury or death, or, if the subject of pending litigation filed | 26 | | by
or on behalf of the divorced or legally separated applicant |
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| 1 | | prior to the
injury or death, on the result of that litigation. | 2 | | Real and personal
property includes, but is not limited to, | 3 | | vehicles, houses, apartments,
town houses, or condominiums. | 4 | | Pecuniary loss does not
include pain and suffering or property | 5 | | loss or damage. "Pecuniary loss" includes appropriate
| 6 | | psychiatric care or psychiatric counseling expenses and | 7 | | expenses for care or
counseling by a licensed clinical | 8 | | psychologist, licensed clinical social
worker, licensed | 9 | | professional counselor, or licensed clinical professional | 10 | | counselor provided to an applicant either before or after and | 11 | | in connection with a parole or clemency hearing for the person | 12 | | who committed the crime.
| 13 | | (i) "Replacement services loss" means expenses reasonably | 14 | | incurred in
obtaining ordinary and necessary services in lieu | 15 | | of those the
injured person would have performed, not for | 16 | | income, but for the benefit
of himself or herself or his or her | 17 | | family, if he or she had not
been injured.
| 18 | | (j) "Dependents replacement services loss" means loss | 19 | | reasonably incurred
by dependents or private legal guardians of | 20 | | minor dependents after a victim's death in obtaining ordinary | 21 | | and necessary
services in lieu of those the victim would have | 22 | | performed, not for income,
but for their benefit, if he or she | 23 | | had not been fatally injured.
| 24 | | (k) "Survivor" means immediate family including a parent, | 25 | | step-father,
step-mother, child,
brother, sister, or spouse.
| 26 | | (l) "Parent" means a natural parent, adopted parent, |
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| 1 | | step-parent, or permanent legal guardian of another person. | 2 | | (m) "Trafficking tattoo" is a tattoo which is applied to a | 3 | | victim in connection with the commission of a violation of | 4 | | Section 10-9 of the Criminal Code of 2012. | 5 | | (Source: P.A. 98-435, eff. 1-1-14; 99-671, eff. 1-1-17 .)
| 6 | | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| 7 | | Sec. 6.1. Right to compensation. A person is entitled to | 8 | | compensation
under this Act if:
| 9 | | (a) Except as provided in subsection (a-5), within | 10 | | Within 2 years of the occurrence of the crime, or within | 11 | | one year after a criminal charge of a person for an | 12 | | offense, upon
which the claim
is based, he or she files an | 13 | | application, under oath, with the Court of Claims and
on a | 14 | | form prescribed in accordance with Section 7.1 furnished by | 15 | | the
Attorney General. If the person entitled to | 16 | | compensation is under 18 years
of age or under other legal | 17 | | disability at the time of the occurrence or
is determined | 18 | | by a court to be under a legal disability as a result of | 19 | | the occurrence, he may file the
application required by | 20 | | this subsection within 2 years after
he attains
the age of | 21 | | 18 years or the disability is removed, as the case may be. | 22 | | Legal disability includes a diagnosis of posttraumatic | 23 | | stress disorder. | 24 | | (a-5) For an applicant seeking compensation for care or | 25 | | counseling received in connection with a parole or clemency |
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| 1 | | hearing for the person who committed the crime, within one | 2 | | year after the hearing, he or she files an application, | 3 | | under oath, with the Court of Claims and
on a form | 4 | | prescribed in accordance with Section 7.1 furnished by the
| 5 | | Attorney General. If the person entitled to compensation is | 6 | | under 18 years
of age or under other legal disability, he | 7 | | or she may file the
application required by this subsection | 8 | | within one year after
he or she attains
the age of 18 years | 9 | | or the disability is removed, as the case may be. Legal | 10 | | disability includes a diagnosis of posttraumatic stress | 11 | | disorder.
| 12 | | (b) For all crimes of violence, except those listed in | 13 | | subsection (b-1) of this Section, the appropriate law | 14 | | enforcement officials were notified within
72 hours of the | 15 | | perpetration of the crime allegedly causing the death or
| 16 | | injury to the victim or, in the event such notification was | 17 | | made more
than 72 hours after the perpetration of the | 18 | | crime, the applicant
establishes that such notice was | 19 | | timely under the circumstances.
| 20 | | (b-1) For victims of offenses defined in Sections | 21 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | 22 | | 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | 23 | | the Criminal Code of 2012, the appropriate law enforcement | 24 | | officials were notified within 7 days of the perpetration | 25 | | of the crime allegedly causing death or injury to the | 26 | | victim or, in the event that the notification was made more |
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| 1 | | than 7 days after the perpetration of the crime, the | 2 | | applicant establishes that the notice was timely under the | 3 | | circumstances.
If the applicant or victim has obtained an | 4 | | order of protection, a civil no contact order, or a | 5 | | stalking no contact order, or has presented himself or | 6 | | herself to a hospital for sexual assault evidence | 7 | | collection and medical care, such action shall constitute | 8 | | appropriate notification under this subsection (b-1) or | 9 | | subsection (b) of this Section.
| 10 | | (c) The applicant has cooperated with law enforcement
| 11 | | officials in the apprehension and prosecution of the | 12 | | assailant. If the applicant or victim has obtained an order | 13 | | of protection, a civil no contact order, or a stalking no | 14 | | contact order or has presented himself or herself to a | 15 | | hospital for sexual assault evidence collection and | 16 | | medical care, such action shall constitute cooperation | 17 | | under this subsection (c).
| 18 | | (d) The applicant is not the offender or an accomplice | 19 | | of the offender
and the award would not unjustly benefit | 20 | | the offender or his accomplice.
| 21 | | (e) The injury to or death of the victim was not | 22 | | substantially attributable
to his own wrongful act and was | 23 | | not substantially provoked by the victim.
| 24 | | (f) For victims of offenses defined in Section 10-9 of | 25 | | the Criminal Code of 2012, the victim submits a statement | 26 | | under oath on a form prescribed by the Attorney General |
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| 1 | | attesting that the removed tattoo was applied in connection | 2 | | with the commission of the offense. | 3 | | (Source: P.A. 98-435, eff. 1-1-14; 99-143, eff. 7-27-15.)
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