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90_SB0941
740 ILCS 45/2 from Ch. 70, par. 72
Amends the Crime Victims Compensation Act. Includes
certain offenses as crimes of violence when committed during
a civil riot, insurrection, or rebellion. Effective
immediately.
LRB9002926LDks
LRB9002926LDks
1 AN ACT to amend the Crime Victims Compensation Act by
2 changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Crime Victims Compensation Act is amended
6 by changing Section 2 as follows:
7 (740 ILCS 45/2) (from Ch. 70, par. 72)
8 Sec. 2. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 (a) "Applicant" means any person who applies for
11 compensation under this Act or any person the Court of Claims
12 finds is entitled to compensation, including the guardian of
13 a minor or of a person under legal disability. It includes
14 any person who was a dependent of a deceased victim of a
15 crime of violence for his support at the time of the death of
16 that victim.
17 (b) "Court of Claims" means the Court of Claims created
18 by the Court of Claims Act.
19 (c) "Crime of violence" means and includes any offense
20 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
21 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
22 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-30,
23 20-1 or 20-1.1 of the Criminal Code of 1961, and driving
24 under the influence of intoxicating liquor or narcotic drugs
25 as defined in Section 11-501 of the Illinois Vehicle Code,
26 and if none of the said offenses occurred during a civil
27 riot, insurrection or rebellion. "Crime of violence" does
28 not include any other offense or accident involving a motor
29 vehicle except those vehicle offenses specifically provided
30 for in this paragraph. "Crime of violence" does include all
31 of the offenses specifically provided for in this paragraph
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1 that occur within this State but are subject to federal
2 jurisdiction.
3 (d) "Victim" means (1) a person killed or injured in
4 this State as a result of a crime of violence perpetrated or
5 attempted against him, (2) the parent of a child killed or
6 injured in this State as a result of a crime of violence
7 perpetrated or attempted against the child, (3) a person
8 killed or injured in this State while attempting to assist a
9 person against whom a crime of violence is being perpetrated
10 or attempted, if that attempt of assistance would be expected
11 of a reasonable man under the circumstances, (4) a person
12 killed or injured in this State while assisting a law
13 enforcement official apprehend a person who has perpetrated a
14 crime of violence or prevent the perpetration of any such
15 crime if that assistance was in response to the express
16 request of the law enforcement official, (5) a child who
17 personally witnessed a violent crime perpetrated or attempted
18 against a relative, or (6) an Illinois resident who is a
19 victim of a "crime of violence" as defined in this Act
20 except, if the crime occurred outside this State, the
21 resident has the same rights under this Act as if the crime
22 had occurred in this State upon a showing that the state,
23 territory, country, or political subdivision of a country in
24 which the crime occurred does not have a compensation of
25 victims of crimes law for which that Illinois resident is
26 eligible.
27 (e) "Dependent" means a relative of a deceased victim
28 who was wholly or partially dependent upon the victim's
29 income at the time of his death and shall include the child
30 of a victim born after his death.
31 (f) "Relative" means a spouse, parent, grandparent,
32 stepfather, stepmother, child, grandchild, brother,
33 brother-in-law, sister, sister-in-law, half brother, half
34 sister, spouse's parent, nephew, niece, uncle or aunt.
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1 (g) "Child" means an unmarried son or daughter who is
2 under 18 years of age and includes a stepchild, an adopted
3 child or an illegitimate child.
4 (h) "Pecuniary loss" means, in the case of injury,
5 appropriate medical expenses and hospital expenses including
6 expenses of a medical examination, medically required nursing
7 care expenses, appropriate psychiatric care or psychiatric
8 counseling expenses, expenses for care or counseling by a
9 licensed clinical psychologist or licensed clinical social
10 worker and expenses for treatment by Christian Science
11 practitioners and nursing care appropriate thereto;
12 prosthetic appliances, eyeglasses, and hearing aids necessary
13 or damaged as a result of the crime; replacement services
14 loss, to a maximum of $1000 per month; dependents replacement
15 services loss, to a maximum of $1000 per month; loss of
16 tuition paid to attend grammar school or high school when the
17 victim had been enrolled as a full-time student prior to the
18 injury, or college or graduate school when the victim had
19 been enrolled as a full-time day or night student prior to
20 the injury when the victim becomes unable to continue
21 attendance at school as a result of the crime of violence
22 perpetrated against him; loss of earnings, loss of future
23 earnings because of disability resulting from the injury,
24 and, in addition, in the case of death, funeral and burial
25 expenses to a maximum of $3000 and loss of support of the
26 dependents of the victim. Loss of future earnings shall be
27 reduced by any income from substitute work actually performed
28 by the victim or by income he would have earned in available
29 appropriate substitute work he was capable of performing but
30 unreasonably failed to undertake. Loss of earnings, loss of
31 future earnings and loss of support shall be determined on
32 the basis of the victim's average net monthly earnings for
33 the 6 months immediately preceding the date of the injury or
34 on $1000 per month, whichever is less. If a divorced or
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1 legally separated applicant is claiming loss of support for a
2 minor child of the deceased, the amount of support for each
3 child shall be based either on the amount of support the
4 minor child received pursuant to the judgment for the 6
5 months prior to the date of the deceased victim's injury or
6 death, or, if the subject of pending litigation filed by or
7 on behalf of the divorced or legally separated applicant
8 prior to the injury or death, on the result of that
9 litigation. Pecuniary loss does not include pain and
10 suffering or property loss or damage.
11 (i) "Replacement services loss" means expenses
12 reasonably incurred in obtaining ordinary and necessary
13 services in lieu of those the permanently injured person
14 would have performed, not for income, but for the benefit of
15 himself or his family, if he had not been permanently
16 injured.
17 (j) "Dependents replacement services loss" means loss
18 reasonably incurred by dependents after a victim's death in
19 obtaining ordinary and necessary services in lieu of those
20 the victim would have performed, not for income, but for
21 their benefit, if he had not been fatally injured.
22 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
23 89-462, eff. 5-29-96.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.