Full Text of SB2420 94th General Assembly
SB2420 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2420
Introduced 1/18/2006, by Sen. John J. Cullerton 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. Provides that the crimes of involuntary servitude, involuntary servitude of a minor, and trafficking of persons for forced labor or services are added to the crimes of violence for which compensation may be applied. Effective immediately.
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A BILL FOR
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SB2420 |
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LRB094 16765 AJO 52036 b |
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| AN ACT concerning civil law.
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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, 10A-10, 11-11, | 20 |
| 11-19.2, 11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, | 21 |
| 12-4.1, 12-4.2, 12-4.3, 12-5, 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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| 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 child killed | 5 |
| or injured in this State as a result of a crime of
violence | 6 |
| perpetrated or attempted against the child, (3) a person killed
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| or injured in this State while attempting to assist a person | 8 |
| against whom a
crime of violence is being perpetrated or | 9 |
| attempted, if that attempt of
assistance would be expected of a | 10 |
| reasonable man under the circumstances,
(4) a person killed or | 11 |
| injured in this State while assisting a law
enforcement | 12 |
| official apprehend a person who has perpetrated a crime of
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| violence or prevent the perpetration of any such crime if that
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| assistance was in response to the express request of the law | 15 |
| enforcement
official, (5) a person who personally
witnessed a | 16 |
| violent crime, (5.1) solely
for the purpose of compensating for | 17 |
| pecuniary loss incurred for
psychological treatment of a mental | 18 |
| or emotional condition caused or aggravated
by the crime, any | 19 |
| other person under the age of 18 who is the brother, sister,
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| half brother, half sister, child, or stepchild
of a person | 21 |
| killed or injured in
this State as a
result of a crime of | 22 |
| violence, or (6) an Illinois resident
who is a victim of a | 23 |
| "crime of violence" as defined in this Act except, if
the crime | 24 |
| occurred outside this State, the resident has the same rights
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| under this Act as if the crime had occurred in this State upon | 26 |
| a showing
that the state, territory, country, or political | 27 |
| subdivision of a country
in which the crime occurred does not | 28 |
| have a compensation of victims of
crimes law for which that | 29 |
| 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; prosthetic | 14 |
| appliances, eyeglasses, and
hearing aids necessary or damaged | 15 |
| as a result of the
crime; replacement costs for clothing and | 16 |
| bedding used as evidence; costs
associated with temporary | 17 |
| lodging or relocation necessary as a
result of the crime, | 18 |
| including, but not limited to, the first month's rent and | 19 |
| security deposit of the dwelling that the claimant relocated to | 20 |
| and other reasonable relocation expenses incurred as a result | 21 |
| of the violent crime;
locks or windows necessary or damaged as | 22 |
| a result of the crime; the purchase,
lease, or rental of | 23 |
| equipment necessary to create usability of and
accessibility to | 24 |
| the victim's real and personal property, or the real and
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| personal property which is used by the victim, necessary as a | 26 |
| result of the
crime; the costs of appropriate crime scene | 27 |
| clean-up;
replacement
services loss, to a maximum of $1000 per | 28 |
| month;
dependents replacement
services loss, to a maximum of | 29 |
| $1000 per month; loss of tuition paid to
attend grammar school | 30 |
| or high school when the victim had been enrolled as a
full-time | 31 |
| student prior to the injury, or college or graduate school when
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| the victim had been enrolled as a full-time day or night | 33 |
| student prior to
the injury when the victim becomes unable to | 34 |
| continue attendance at school
as a result of the crime of | 35 |
| violence perpetrated against him or her; loss
of
earnings, loss | 36 |
| of future earnings because of disability resulting from the
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| injury, and, in addition, in the case of death, expenses for | 2 |
| funeral, burial, and travel and transport for survivors
of | 3 |
| homicide victims to secure bodies of deceased victims and to | 4 |
| transport
bodies for burial all of which
may not exceed a | 5 |
| maximum of $5,000 and loss of support of the dependents of
the | 6 |
| victim.
Loss of future earnings shall be reduced by any income | 7 |
| from substitute work
actually performed by the victim or by | 8 |
| income he or she would have earned
in
available appropriate | 9 |
| substitute work he or she was capable of performing
but
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| unreasonably failed to undertake. Loss of earnings, loss of | 11 |
| future
earnings and loss of support shall be determined on the | 12 |
| basis of the
victim's average net monthly earnings for the 6 | 13 |
| months immediately
preceding the date of the injury or on $1000 | 14 |
| per month, whichever is less.
If a divorced or legally | 15 |
| separated applicant is claiming loss of support
for a minor | 16 |
| child of the deceased, the amount of support for each child
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| shall be based either on the amount of support
pursuant to the | 18 |
| judgment prior to the date of the deceased
victim's injury or | 19 |
| death, or, if the subject of pending litigation filed by
or on | 20 |
| behalf of the divorced or legally separated applicant prior to | 21 |
| the
injury or death, on the result of that litigation. Real and | 22 |
| personal
property includes, but is not limited to, vehicles, | 23 |
| houses, apartments,
town houses, or condominiums. Pecuniary | 24 |
| loss does not
include pain and suffering or property loss or | 25 |
| damage.
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| (i) "Replacement services loss" means expenses reasonably | 27 |
| incurred in
obtaining ordinary and necessary services in lieu | 28 |
| of those the permanently
injured person would have performed, | 29 |
| not for income, but for the benefit
of himself or herself or | 30 |
| his or her family, if he or she had not
been permanently | 31 |
| injured.
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| (j) "Dependents replacement services loss" means loss | 33 |
| reasonably incurred
by dependents after a victim's death in | 34 |
| obtaining ordinary and necessary
services in lieu of those the | 35 |
| victim would have performed, not for income,
but for their | 36 |
| benefit, if he or she had not been fatally injured.
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| (k) "Survivor" means immediate family including a parent, | 2 |
| 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, | 4 |
| eff. 1-1-06; revised 8-19-05.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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