State of Illinois
91st General Assembly
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Public Act 91-0892

HB4097 Enrolled                                LRB9111811OBmg

    AN ACT to amend the Crime  Victims  Compensation  Act  by
changing Section 2 and adding Section 2.5.

    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 Section 2 and adding Section 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, 12-13, 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, 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  child
killed  or  injured  in  this State as a result of a crime of
violence perpetrated or attempted against the  child,  (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
under the age of 18 who personally witnessed a violent  crime
perpetrated or attempted against a relative, (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, or 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 an illegitimate child.
    (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 or licensed
clinical  social  worker  and  expenses  for   treatment   by
Christian  Science practitioners and nursing care appropriate
thereto; prosthetic appliances, eyeglasses, and hearing  aids
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; 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 full-time student
prior to the injury, or college or graduate school  when  the
victim  had been enrolled as a full-time 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,  funeral
and  burial  expenses  to  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  the  minor  child
received  pursuant  to the judgment for the 6 months 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 permanently 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 permanently injured.
    (j)  "Dependents  replacement  services  loss" means loss
reasonably incurred by 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.
(Source: P.A.  90-136,  eff.  1-1-98;  90-492,  eff. 8-17-97;
90-655, eff.  7-30-98;  90-708,  eff.  8-7-98;  91-258,  eff.
1-1-00; 91-445, eff. 1-1-00; revised 10-14-99.)

    (740 ILCS 45/2.5 new)
    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.   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.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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