Public Act 094-0877
 		





HB4134 Enrolled
LRB094 14606 RLC 49553 b






    AN ACT concerning civil liabilities.

 
    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 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, 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
child 
killed or injured in this State as a result of a crime of

violence perpetrated or attempted against the person
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 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
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, 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 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 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; revised 8-19-05.)