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91_HB2325
LRB9105277LDmb
1 AN ACT to amend the Crime Victims Compensation Act by
2 changing Section 10.1.
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 10.1 as follows:
7 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
8 Sec. 10.1. The amount of compensation to which an
9 applicant and other persons is entitled shall be based on the
10 following factors:
11 (a) a victim may be compensated for his or her pecuniary
12 loss;
13 (b) a dependent may be compensated for loss of support;
14 (c) any person related to the victim, even though not
15 dependent upon the victim for his or her support, may be
16 compensated for reasonable funeral, medical and hospital
17 expenses of the victim to the extent to which he or she has
18 paid or become obligated to pay such expenses and only after
19 compensation for reasonable funeral, medical and hospital
20 expenses of the victim have been awarded may compensation be
21 made for reasonable expenses of the victim incurred for
22 psychological treatment of a mental or emotional condition
23 caused or aggravated by the crime;
24 (d) an award shall be reduced or denied according to the
25 extent to which the victim's acts or conduct provoked or
26 contributed to his or her injury or death, or the extent to
27 which any prior criminal conviction or conduct of the victim
28 may have directly or indirectly contributed to the injury or
29 death of the victim;
30 (e) an award shall be reduced by the amount of benefits,
31 payments or awards payable under those sources which are
-2- LRB9105277LDmb
1 required to be listed under item (7) of Section 7.1(a) and
2 any other sources except annuities, pension plans, Federal
3 Social Security payments payable to dependents of the victim
4 and the net proceeds of the first $25,000 of life insurance
5 that would inure to the benefit of the applicant, which the
6 applicant or any other person dependent for the support of a
7 deceased victim, as the case may be, has received or to which
8 he or she is entitled as a result of injury to or death of
9 the victim.
10 (f) A final award shall not exceed $10,000 for a crime
11 committed prior to September 22, 1979, $15,000 for a crime
12 committed on or after September 22, 1979 and prior to January
13 1, 1986, $25,000 for a crime committed on or after January 1,
14 1986 and prior to August 7, the effective date of this
15 amendatory Act of 1998, or $27,000 for a crime committed on
16 or after August 7 the effective date of this amendatory Act
17 of 1998 and prior to January 1, 2000, or $50,000 for a crime
18 committed on or after January 1, 2000. If the total
19 pecuniary loss is greater than the maximum amount allowed,
20 the award shall be divided in proportion to the amount of
21 actual loss among those entitled to compensation;
22 (g) compensation under this Act is a secondary source of
23 compensation and the applicant must show that he or she has
24 exhausted the benefits reasonably available under the
25 Criminal Victims' Escrow Account Act or any governmental or
26 medical or health insurance programs, including, but not
27 limited to Workers' Compensation, the Federal Medicare
28 program, the State Public Aid program, Social Security
29 Administration burial benefits, Veterans Administration
30 burial benefits, and life, health, accident or liability
31 insurance.
32 (Source: P.A. 90-708, eff. 8-7-98.)