Full Text of HB2245 96th General Assembly
HB2245enr 96TH GENERAL ASSEMBLY
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HB2245 Enrolled |
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LRB096 09476 RLC 19633 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 Sections 2 and 2.5 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 |
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HB2245 Enrolled |
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| liquor or narcotic drugs as defined in Section
11-501 of the | 2 |
| Illinois Vehicle Code, and a violation of Section 11-401 of the | 3 |
| Illinois Vehicle Code, provided the victim was a pedestrian or | 4 |
| was operating a vehicle moved solely by human power or a | 5 |
| mobility device at the time of contact; so long as the offense | 6 |
| did not occur if none of the said offenses
occurred
during a | 7 |
| civil riot, insurrection or rebellion. "Crime of violence" does | 8 |
| not
include any other offense or accident involving a motor | 9 |
| vehicle except those
vehicle offenses specifically provided | 10 |
| for in this paragraph. "Crime of
violence" does include all of | 11 |
| the offenses specifically provided for in this
paragraph that | 12 |
| occur within this State but are subject to federal jurisdiction
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| and crimes involving terrorism as defined in 18 U.S.C. 2331.
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| (d) "Victim" means (1) a person killed or injured in this | 15 |
| State as a
result of a crime of violence perpetrated or | 16 |
| attempted against him or her,
(2) the
parent of a person killed | 17 |
| or injured in this State as a result of a crime of
violence | 18 |
| perpetrated or attempted against the person, (3) a person | 19 |
| killed
or injured in this State while attempting to assist a | 20 |
| person against whom a
crime of violence is being perpetrated or | 21 |
| attempted, if that attempt of
assistance would be expected of a | 22 |
| reasonable man under the circumstances,
(4) a person killed or | 23 |
| injured in this State while assisting a law
enforcement | 24 |
| 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 |
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LRB096 09476 RLC 19633 b |
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| enforcement
official, (5) a person who personally
witnessed a | 2 |
| violent crime, (5.1) solely
for the purpose of compensating for | 3 |
| pecuniary loss incurred for
psychological treatment of a mental | 4 |
| or emotional condition caused or aggravated
by the crime, any | 5 |
| 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 | 7 |
| killed or injured in
this State as a
result of a crime of | 8 |
| violence, or (6) an Illinois resident
who is a victim of a | 9 |
| "crime of violence" as defined in this Act except, if
the crime | 10 |
| 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 | 12 |
| a showing
that the state, territory, country, or political | 13 |
| subdivision of a country
in which the crime occurred does not | 14 |
| have a compensation of victims of
crimes law for which that | 15 |
| Illinois resident is eligible.
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| (e) "Dependent" means a relative of a deceased victim who | 17 |
| was wholly or
partially dependent upon the victim's income at | 18 |
| the time of his or her
death
and shall include the child of a | 19 |
| victim born after his or her death.
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| (f) "Relative" means a spouse, parent, grandparent, | 21 |
| stepfather, stepmother,
child, grandchild, brother, | 22 |
| brother-in-law, sister, sister-in-law, half
brother, half | 23 |
| sister, spouse's parent, nephew, niece, uncle or aunt.
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| (g) "Child" means an unmarried son or daughter who is under | 25 |
| 18 years of
age and includes a stepchild, an adopted child or a | 26 |
| child born out of wedlock.
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HB2245 Enrolled |
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LRB096 09476 RLC 19633 b |
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| (h) "Pecuniary loss" means, in the case of injury, | 2 |
| appropriate medical
expenses and hospital expenses including | 3 |
| expenses of medical
examinations, rehabilitation, medically | 4 |
| required
nursing care expenses, appropriate
psychiatric care | 5 |
| or psychiatric counseling expenses, expenses for care or
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| counseling by a licensed clinical psychologist, licensed | 7 |
| clinical social
worker, or licensed clinical professional | 8 |
| counselor and expenses for treatment by Christian Science | 9 |
| practitioners and
nursing care appropriate thereto; | 10 |
| transportation expenses to and from medical and treatment | 11 |
| facilities; prosthetic appliances, eyeglasses, and
hearing | 12 |
| aids necessary or damaged as a result of the
crime; replacement | 13 |
| 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 | 16 |
| month's rent and security deposit of the dwelling that the | 17 |
| claimant relocated to and other reasonable relocation expenses | 18 |
| incurred as a result of the violent crime;
locks or windows | 19 |
| 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 | 21 |
| and
accessibility to the victim's real and personal property, | 22 |
| or the real and
personal property which is used by the victim, | 23 |
| necessary as a result of the
crime; the costs of appropriate | 24 |
| crime scene clean-up;
replacement
services loss, to a maximum | 25 |
| of $1000 per month;
dependents replacement
services loss, to a | 26 |
| maximum of $1000 per month; loss of tuition paid to
attend |
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HB2245 Enrolled |
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| grammar school or high school when the victim had been enrolled | 2 |
| as a
student prior to the injury, or college or graduate school | 3 |
| when
the victim had been enrolled as a day or night student | 4 |
| prior to
the injury when the victim becomes unable to continue | 5 |
| attendance at school
as a result of the crime of violence | 6 |
| perpetrated against him or her; loss
of
earnings, loss of | 7 |
| future earnings because of disability resulting from the
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| injury, and, in addition, in the case of death, expenses for | 9 |
| funeral, burial, and travel and transport for survivors
of | 10 |
| homicide victims to secure bodies of deceased victims and to | 11 |
| transport
bodies for burial all of which
may not exceed a | 12 |
| maximum of $5,000 and loss of support of the dependents of
the | 13 |
| victim.
Loss of future earnings shall be reduced by any income | 14 |
| from substitute work
actually performed by the victim or by | 15 |
| income he or she would have earned
in
available appropriate | 16 |
| substitute work he or she was capable of performing
but
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| unreasonably failed to undertake. Loss of earnings, loss of | 18 |
| future
earnings and loss of support shall be determined on the | 19 |
| basis of the
victim's average net monthly earnings for the 6 | 20 |
| months immediately
preceding the date of the injury or on $1000 | 21 |
| per month, whichever is less.
If a divorced or legally | 22 |
| separated applicant is claiming loss of support
for a minor | 23 |
| 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 | 25 |
| judgment prior to the date of the deceased
victim's injury or | 26 |
| death, or, if the subject of pending litigation filed by
or on |
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HB2245 Enrolled |
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LRB096 09476 RLC 19633 b |
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| behalf of the divorced or legally separated applicant prior to | 2 |
| the
injury or death, on the result of that litigation. Real and | 3 |
| personal
property includes, but is not limited to, vehicles, | 4 |
| houses, apartments,
town houses, or condominiums. Pecuniary | 5 |
| loss does not
include pain and suffering or property loss or | 6 |
| damage.
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| (i) "Replacement services loss" means expenses reasonably | 8 |
| incurred in
obtaining ordinary and necessary services in lieu | 9 |
| of those the
injured person would have performed, not for | 10 |
| income, but for the benefit
of himself or herself or his or her | 11 |
| family, if he or she had not
been injured.
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| (j) "Dependents replacement services loss" means loss | 13 |
| reasonably incurred
by dependents or private legal guardians of | 14 |
| minor dependents after a victim's death in obtaining ordinary | 15 |
| and necessary
services in lieu of those the victim would have | 16 |
| performed, not for income,
but for their benefit, if he or she | 17 |
| had not been fatally injured.
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| (k) "Survivor" means immediate family including a parent, | 19 |
| 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, | 21 |
| eff. 1-1-06; 94-877, eff. 1-1-07.)
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| (740 ILCS 45/2.5)
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| Sec. 2.5. Felon as victim. Notwithstanding paragraph (d) of | 24 |
| Section 2,
"victim" does not
include a person who is convicted | 25 |
| of a felony until that person is discharged
from
probation or |
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HB2245 Enrolled |
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LRB096 09476 RLC 19633 b |
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| is released from a correctional institution and has been
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| discharged from parole or mandatory supervised release, if any.
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| For purposes of this Section, the death of a felon who is | 4 |
| serving a term of parole, probation, or mandatory supervised | 5 |
| release shall be considered a discharge from that sentence. No | 6 |
| compensation may be granted to an applicant under this Act
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| during a period
of time that the applicant is held in a | 8 |
| correctional institution.
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| A victim who has been convicted of a felony may apply for | 10 |
| assistance
under this Act at any time but no award of | 11 |
| compensation may be considered
until the applicant meets the | 12 |
| requirements of this Section.
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| The changes made to this Section by this amendatory Act of | 14 |
| the 96th General Assembly apply to actions commenced or pending | 15 |
| on or after the effective date of this amendatory Act of the | 16 |
| 96th General Assembly. | 17 |
| (Source: P.A. 91-892, eff. 7-6-00.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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