Illinois General Assembly - Full Text of Public Act 098-0435
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Public Act 098-0435


 

Public Act 0435 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0435
 
HB2640 EnrolledLRB098 08651 HEP 41241 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 6.1 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, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,
12-3.1, 12-3.2, 12-3.3, 12-3.4, 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, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05
except for subdivision (a)(4) or (g)(1), or subdivision (a)(4)
of Section 11-14.4, of the Criminal Code of 1961 or the
Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery
Protection Act, Section 125 of the Stalking No Contact Order
Act, Section 219 of the Civil No Contact Order Act, driving
under the influence as defined in Section 11-501 of the
Illinois Vehicle Code, 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, and a violation of
Section 11-204.1 of the Illinois Vehicle Code; so long as the
offense did not occur 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 spouse or 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 person 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, (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, (7) a
deceased person whose body is dismembered or whose remains are
desecrated as the result of a crime of violence, or (8) 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 parent, spouse, or child
under the age of 18 of a deceased person whose body is
dismembered or whose remains are desecrated as the result of a
crime of violence.
    (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, licensed professional counselor, 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 counseling treatment facilities; prosthetic
appliances, eyeglasses, and hearing aids necessary or damaged
as a result of the crime; costs associated with trafficking
tattoo removal by a person authorized or licensed to perform
the specific removal procedure; 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 $1,250 per
month; dependents replacement services loss, to a maximum of
$1,250 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 $7,500 and loss of support of
the dependents of the victim; in the case of dismemberment or
desecration of a body, expenses for funeral and burial, all of
which may not exceed a maximum of $7,500. 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 $1,250 per month, whichever is less
or, in cases where the absences commenced more than 3 years
from the date of the crime, on the basis of the net monthly
earnings for the 6 months immediately preceding the date of the
first absence, not to exceed $1,250 per month. 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 damage.
    (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.
    (l) "Parent" means a natural parent, adopted parent,
step-parent, or permanent legal guardian of another person.
    (m) "Trafficking tattoo" is a tattoo which is applied to a
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10;
96-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article
2, Section 1090, eff. 7-1-11; 97-817, eff. 1-1-13; 97-1109,
eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
    Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
        (a) Within 2 years of the occurrence of the crime, or
    within one year after a criminal charge of a person for an
    offense, upon which the claim is based, he files an
    application, under oath, with the Court of Claims and on a
    form prescribed in accordance with Section 7.1 furnished by
    the Attorney General. If the person entitled to
    compensation is under 18 years of age or under other legal
    disability at the time of the occurrence or becomes legally
    disabled as a result of the occurrence, he may file the
    application required by this subsection within 2 years
    after he attains the age of 18 years or the disability is
    removed, as the case may be. Legal disability includes a
    diagnosis of posttraumatic stress disorder.
        (b) For all crimes of violence, except those listed in
    subsection (b-1) of this Section, the appropriate law
    enforcement officials were notified within 72 hours of the
    perpetration of the crime allegedly causing the death or
    injury to the victim or, in the event such notification was
    made more than 72 hours after the perpetration of the
    crime, the applicant establishes that such notice was
    timely under the circumstances.
        (b-1) For victims of offenses defined in Sections
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
    the Criminal Code of 2012, the appropriate law enforcement
    officials were notified within 7 days of the perpetration
    of the crime allegedly causing death or injury to the
    victim or, in the event that the notification was made more
    than 7 days after the perpetration of the crime, the
    applicant establishes that the notice was timely under the
    circumstances. If the applicant or victim has obtained an
    order of protection, a civil no contact order, or a
    stalking no contact order, or has presented himself or
    herself to a hospital for sexual assault evidence
    collection and medical care, such action shall constitute
    appropriate notification under this subsection (b-1) or
    subsection (b) of this Section.
        (c) The applicant has cooperated with law enforcement
    officials in the apprehension and prosecution of the
    assailant. If the applicant or victim has obtained an order
    of protection, a civil no contact order, or a stalking no
    contact order or has presented himself or herself to a
    hospital for sexual assault evidence collection and
    medical care, such action shall constitute cooperation
    under this subsection (c).
        (d) The applicant is not the offender or an accomplice
    of the offender and the award would not unjustly benefit
    the offender or his accomplice.
        (e) The injury to or death of the victim was not
    substantially attributable to his own wrongful act and was
    not substantially provoked by the victim.
        (f) For victims of offenses defined in Section 10-9 of
    the Criminal Code of 2012, the victim submits a statement
    under oath on a form prescribed by the Attorney General
    attesting that the removed tattoo was applied in connection
    with the commission of the offense.
(Source: P.A. 96-1551, eff. 7-1-11; 97-817, eff. 1-1-13;
97-1150, eff. 1-25-13.)

Effective Date: 1/1/2014