Full Text of HB4134 94th General Assembly
HB4134 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4134
Introduced 10/21/05, by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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740 ILCS 45/2 |
from Ch. 70, par. 72 |
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Amends the Crime Victims Compensation Act. Includes hate crime in the definition of "crime of violence". In the definition of "victim", includes the parent of a person (rather than the parent of a child) killed or injured as a result of a crime of
violence. Includes the following in the definition of "pecuniary loss": (i) the loss of tuition paid to attend school when the victim had been enrolled as a student (rather than as a full-time student); and (ii) transportation expenses to and from medical and treatment facilities. Changes the definition of "dependents replacement services loss" so that it applies to loss reasonably incurred by private legal guardians of a minor dependent (in addition to loss reasonably incurred by dependents) after a victim's death under specified circumstances. Changes the definition of "replacement services loss" so that it applies to expenses reasonably incurred in obtaining ordinary and necessary services that would have been performed by an injured person (rather than a permanently injured person) under specified circumstances.
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A BILL FOR
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HB4134 |
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LRB094 14606 RLC 49553 b |
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| AN ACT concerning civil liabilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Crime Victims Compensation Act is amended by | 5 |
| changing Section 2 as follows:
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| (740 ILCS 45/2) (from Ch. 70, par. 72)
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| Sec. 2. Definitions. As used in this Act, unless the | 8 |
| context
otherwise requires:
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| (a) "Applicant" means any person who applies for | 10 |
| compensation under this
Act or any person the Court of Claims | 11 |
| finds is entitled to compensation,
including the guardian of a | 12 |
| minor or of a person under legal disability. It
includes any | 13 |
| person who was a dependent of a deceased victim of a crime of
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| violence for his or her support at the time of the death of | 15 |
| that victim.
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| (b) "Court of Claims" means the Court of Claims created by | 17 |
| the Court
of Claims Act.
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| (c) "Crime of violence" means and includes any offense | 19 |
| defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, | 20 |
| 11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, | 21 |
| 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
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| 12-14.1, 12-15,
12-16, 12-30, 20-1 or 20-1.1 of the Criminal | 23 |
| Code of 1961, and driving under
the influence of intoxicating | 24 |
| liquor or narcotic drugs as defined in Section
11-501 of the | 25 |
| Illinois Vehicle Code, if none of the said offenses
occurred
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| during a civil riot, insurrection or rebellion. "Crime of | 27 |
| violence" does not
include any other offense or accident | 28 |
| involving a motor vehicle except those
vehicle offenses | 29 |
| specifically provided for in this paragraph. "Crime of
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| violence" does include all of the offenses specifically | 31 |
| provided for in this
paragraph that occur within this State but | 32 |
| are subject to federal jurisdiction
and crimes involving |
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HB4134 |
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| terrorism as defined in 18 U.S.C. 2331.
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| (d) "Victim" means (1) a person killed or injured in this | 3 |
| State as a
result of a crime of violence perpetrated or | 4 |
| attempted against him or her,
(2) the
parent of a person
child | 5 |
| killed or injured in this State as a result of a crime of
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| violence perpetrated or attempted against the person
child , (3) | 7 |
| a person killed
or injured in this State while attempting to | 8 |
| assist a person against whom a
crime of violence is being | 9 |
| perpetrated or attempted, if that attempt of
assistance would | 10 |
| be expected of a reasonable man under the circumstances,
(4) a | 11 |
| person killed or injured in this State while assisting a law
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| enforcement official apprehend a person who has perpetrated a | 13 |
| crime of
violence or prevent the perpetration of any such crime | 14 |
| if that
assistance was in response to the express request of | 15 |
| the law enforcement
official, (5) a person who personally
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| witnessed a violent crime, (5.1) solely
for the purpose of | 17 |
| compensating for pecuniary loss incurred for
psychological | 18 |
| treatment of a mental or emotional condition caused or | 19 |
| aggravated
by the crime, any other person under the age of 18 | 20 |
| who is the brother, sister,
half brother, half sister, child, | 21 |
| or stepchild
of a person killed or injured in
this State as a
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| result of a crime of violence, or (6) an Illinois resident
who | 23 |
| is a victim of a "crime of violence" as defined in this Act | 24 |
| except, if
the crime occurred outside this State, the resident | 25 |
| has the same rights
under this Act as if the crime had occurred | 26 |
| in this State upon a showing
that the state, territory, | 27 |
| country, or political subdivision of a country
in which the | 28 |
| crime occurred does not have a compensation of victims of
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| crimes law for which that Illinois resident is eligible.
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| (e) "Dependent" means a relative of a deceased victim who | 31 |
| was wholly or
partially dependent upon the victim's income at | 32 |
| the time of his or her
death
and shall include the child of a | 33 |
| victim born after his or her death.
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| (f) "Relative" means a spouse, parent, grandparent, | 35 |
| stepfather, stepmother,
child, grandchild, brother, | 36 |
| brother-in-law, sister, sister-in-law, half
brother, half |
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| sister, spouse's parent, nephew, niece, uncle or aunt.
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| (g) "Child" means an unmarried son or daughter who is under | 3 |
| 18 years of
age and includes a stepchild, an adopted child or a | 4 |
| child born out of wedlock.
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| (h) "Pecuniary loss" means, in the case of injury, | 6 |
| appropriate medical
expenses and hospital expenses including | 7 |
| expenses of medical
examinations, rehabilitation, medically | 8 |
| required
nursing care expenses, appropriate
psychiatric care | 9 |
| or psychiatric counseling expenses, expenses for care or
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| counseling by a licensed clinical psychologist, licensed | 11 |
| clinical social
worker, or licensed clinical professional | 12 |
| counselor and expenses for treatment by Christian Science | 13 |
| practitioners and
nursing care appropriate thereto; | 14 |
| transportation expenses to and from medical and treatment | 15 |
| facilities; prosthetic appliances, eyeglasses, and
hearing | 16 |
| aids necessary or damaged as a result of the
crime; replacement | 17 |
| costs for clothing and bedding used as evidence; costs
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| associated with temporary lodging or relocation necessary as a
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| result of the crime, including, but not limited to, the first | 20 |
| month's rent and security deposit of the dwelling that the | 21 |
| claimant relocated to and other reasonable relocation expenses | 22 |
| incurred as a result of the violent crime;
locks or windows | 23 |
| necessary or damaged as a result of the crime; the purchase,
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| lease, or rental of equipment necessary to create usability of | 25 |
| and
accessibility to the victim's real and personal property, | 26 |
| or the real and
personal property which is used by the victim, | 27 |
| necessary as a result of the
crime; the costs of appropriate | 28 |
| crime scene clean-up;
replacement
services loss, to a maximum | 29 |
| of $1000 per month;
dependents replacement
services loss, to a | 30 |
| maximum of $1000 per month; loss of tuition paid to
attend | 31 |
| grammar school or high school when the victim had been enrolled | 32 |
| as a
full-time student prior to the injury, or college or | 33 |
| graduate school when
the victim had been enrolled as a | 34 |
| full-time day or night student prior to
the injury when the | 35 |
| victim becomes unable to continue attendance at school
as a | 36 |
| result of the crime of violence perpetrated against him or her; |
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| loss
of
earnings, loss of future earnings because of disability | 2 |
| resulting from the
injury, and, in addition, in the case of | 3 |
| death, expenses for funeral, burial, and travel and transport | 4 |
| for survivors
of homicide victims to secure bodies of deceased | 5 |
| victims and to transport
bodies for burial all of which
may not | 6 |
| exceed a maximum of $5,000 and loss of support of the | 7 |
| dependents of
the victim.
Loss of future earnings shall be | 8 |
| reduced by any income from substitute work
actually performed | 9 |
| by the victim or by income he or she would have earned
in
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| available appropriate substitute work he or she was capable of | 11 |
| performing
but
unreasonably failed to undertake. Loss of | 12 |
| earnings, loss of future
earnings and loss of support shall be | 13 |
| determined on the basis of the
victim's average net monthly | 14 |
| earnings for the 6 months immediately
preceding the date of the | 15 |
| injury or on $1000 per month, whichever is less.
If a divorced | 16 |
| or legally separated applicant is claiming loss of support
for | 17 |
| a minor child of the deceased, the amount of support for each | 18 |
| child
shall be based either on the amount of support
pursuant | 19 |
| to the judgment prior to the date of the deceased
victim's | 20 |
| injury or death, or, if the subject of pending litigation filed | 21 |
| by
or on behalf of the divorced or legally separated applicant | 22 |
| prior to the
injury or death, on the result of that litigation. | 23 |
| Real and personal
property includes, but is not limited to, | 24 |
| vehicles, houses, apartments,
town houses, or condominiums. | 25 |
| Pecuniary loss does not
include pain and suffering or property | 26 |
| loss or damage.
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| (i) "Replacement services loss" means expenses reasonably | 28 |
| incurred in
obtaining ordinary and necessary services in lieu | 29 |
| of those the permanently
injured person would have performed, | 30 |
| not for income, but for the benefit
of himself or herself or | 31 |
| his or her family, if he or she had not
been permanently | 32 |
| injured.
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| (j) "Dependents replacement services loss" means loss | 34 |
| reasonably incurred
by dependents or private legal guardians of | 35 |
| minor dependents after a victim's death in obtaining ordinary | 36 |
| and necessary
services in lieu of those the victim would have |
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| performed, not for income,
but for their benefit, if he or she | 2 |
| had not been fatally injured.
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| (k) "Survivor" means immediate family including a parent, | 4 |
| step-father,
step-mother, child,
brother, sister, or spouse.
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| (Source: P.A. 94-229, eff. 1-1-06; 94-399, eff. 1-1-06; 94-400, | 6 |
| eff. 1-1-06; revised 8-19-05.)
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