Illinois General Assembly - Full Text of Public Act 096-0267
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Public Act 096-0267




Public Act 096-0267
HB2245 Enrolled LRB096 09476 RLC 19633 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Crime Victims Compensation Act is amended by
changing Sections 2 and 2.5 as follows:
    (740 ILCS 45/2)  (from Ch. 70, par. 72)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
finds is entitled to compensation, including the guardian of a
minor or of a person under legal disability. It includes any
person who was a dependent of a deceased victim of a crime of
violence for his or her support at the time of the death of
that victim.
    (b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
    (c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2,
11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-30, 20-1 or 20-1.1 of the Criminal
Code of 1961, and driving under the influence of intoxicating
liquor or narcotic drugs as defined in Section 11-501 of the
Illinois Vehicle Code, and a violation of Section 11-401 of the
Illinois Vehicle Code, provided the victim was a pedestrian or
was operating a vehicle moved solely by human power or a
mobility device at the time of contact; so long as the offense
did not occur if none of the said offenses occurred during a
civil riot, insurrection or rebellion. "Crime of violence" does
not include any other offense or accident involving a motor
vehicle except those vehicle offenses specifically provided
for in this paragraph. "Crime of violence" does include all of
the offenses specifically provided for in this paragraph that
occur within this State but are subject to federal jurisdiction
and crimes involving terrorism as defined in 18 U.S.C. 2331.
    (d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the parent of a person killed
or injured in this State as a result of a crime of violence
perpetrated or attempted against the person, (3) a person
killed or injured in this State while attempting to assist a
person against whom a crime of violence is being perpetrated or
attempted, if that attempt of assistance would be expected of a
reasonable man under the circumstances, (4) a person killed or
injured in this State while assisting a law enforcement
official apprehend a person who has perpetrated a crime of
violence or prevent the perpetration of any such crime if that
assistance was in response to the express request of the law
enforcement official, (5) a person who personally witnessed a
violent crime, (5.1) solely for the purpose of compensating for
pecuniary loss incurred for psychological treatment of a mental
or emotional condition caused or aggravated by the crime, any
other person under the age of 18 who is the brother, sister,
half brother, half sister, child, or stepchild of a person
killed or injured in this State as a result of a crime of
violence, or (6) an Illinois resident who is a victim of a
"crime of violence" as defined in this Act except, if the crime
occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon
a showing that the state, territory, country, or political
subdivision of a country in which the crime occurred does not
have a compensation of victims of crimes law for which that
Illinois resident is eligible.
    (e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
    (f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle or aunt.
    (g) "Child" means an unmarried son or daughter who is under
18 years of age and includes a stepchild, an adopted child or a
child born out of wedlock.
    (h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, expenses for care or
counseling by a licensed clinical psychologist, licensed
clinical social worker, or licensed clinical professional
counselor and expenses for treatment by Christian Science
practitioners and nursing care appropriate thereto;
transportation expenses to and from medical and treatment
facilities; prosthetic appliances, eyeglasses, and hearing
aids necessary or damaged as a result of the crime; replacement
costs for clothing and bedding used as evidence; costs
associated with temporary lodging or relocation necessary as a
result of the crime, including, but not limited to, the first
month's rent and security deposit of the dwelling that the
claimant relocated to and other reasonable relocation expenses
incurred as a result of the violent crime; locks or windows
necessary or damaged as a result of the crime; the purchase,
lease, or rental of equipment necessary to create usability of
and accessibility to the victim's real and personal property,
or the real and personal property which is used by the victim,
necessary as a result of the crime; the costs of appropriate
crime scene clean-up; replacement services loss, to a maximum
of $1000 per month; dependents replacement services loss, to a
maximum of $1000 per month; loss of tuition paid to attend
grammar school or high school when the victim had been enrolled
as a student prior to the injury, or college or graduate school
when the victim had been enrolled as a day or night student
prior to the injury when the victim becomes unable to continue
attendance at school as a result of the crime of violence
perpetrated against him or her; loss of earnings, loss of
future earnings because of disability resulting from the
injury, and, in addition, in the case of death, expenses for
funeral, burial, and travel and transport for survivors of
homicide victims to secure bodies of deceased victims and to
transport bodies for burial all of which may not exceed a
maximum of $5,000 and loss of support of the dependents of the
victim. Loss of future earnings shall be reduced by any income
from substitute work actually performed by the victim or by
income he or she would have earned in available appropriate
substitute work he or she was capable of performing but
unreasonably failed to undertake. Loss of earnings, loss of
future earnings and loss of support shall be determined on the
basis of the victim's average net monthly earnings for the 6
months immediately preceding the date of the injury or on $1000
per month, whichever is less. If a divorced or legally
separated applicant is claiming loss of support for a minor
child of the deceased, the amount of support for each child
shall be based either on the amount of support pursuant to the
judgment prior to the date of the deceased victim's injury or
death, or, if the subject of pending litigation filed by or on
behalf of the divorced or legally separated applicant prior to
the injury or death, on the result of that litigation. Real and
personal property includes, but is not limited to, vehicles,
houses, apartments, town houses, or condominiums. Pecuniary
loss does not include pain and suffering or property loss or
    (i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
    (j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians of
minor dependents after a victim's death in obtaining ordinary
and necessary services in lieu of those the victim would have
performed, not for income, but for their benefit, if he or she
had not been fatally injured.
    (k) "Survivor" means immediate family including a parent,
step-father, step-mother, child, brother, sister, or spouse.
(Source: P.A. 94-229, eff. 1-1-06; 94-399, eff. 1-1-06; 94-400,
eff. 1-1-06; 94-877, eff. 1-1-07.)
    (740 ILCS 45/2.5)
    Sec. 2.5. Felon as victim. Notwithstanding paragraph (d) of
Section 2, "victim" does not include a person who is convicted
of a felony until that person is discharged from probation or
is released from a correctional institution and has been
discharged from parole or mandatory supervised release, if any.
For purposes of this Section, the death of a felon who is
serving a term of parole, probation, or mandatory supervised
release shall be considered a discharge from that sentence. No
compensation may be granted to an applicant under this Act
during a period of time that the applicant is held in a
correctional institution.
    A victim who has been convicted of a felony may apply for
assistance under this Act at any time but no award of
compensation may be considered until the applicant meets the
requirements of this Section.
    The changes made to this Section by this amendatory Act of
the 96th General Assembly apply to actions commenced or pending
on or after the effective date of this amendatory Act of the
96th General Assembly.
(Source: P.A. 91-892, eff. 7-6-00.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2009