Illinois General Assembly - Full Text of HB2640
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Full Text of HB2640  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/21/2013, by Rep. Kelly Burke


740 ILCS 45/2  from Ch. 70, par. 72
740 ILCS 45/6.1  from Ch. 70, par. 76.1

    Amends the Crime Victims Compensation Act. Changes the definition of "pecuniary loss" to include costs associated with trafficking tattoo removal by a person authorized or licensed to perform the specific removal procedure. Defines "trafficking tattoo" as a tattoo which is applied to a victim in connection with the commission of a violation of the Section of the Criminal Code of 2012 concerning trafficking in persons. Provides that a trafficking victim is entitled to reimbursement for the cost of removal of a trafficking tattoo if he or she files an affidavit on a form prescribed by the Attorney General attesting that the removed tattoo was applied in connection with the commission of human trafficking.

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HB2640LRB098 08651 HEP 41241 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Crime Victims Compensation Act is amended by
5changing Sections 2 and 6.1 and by adding Section 6.2 as
7    (740 ILCS 45/2)  (from Ch. 70, par. 72)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Applicant" means any person who applies for
11compensation under this Act or any person the Court of Claims
12finds is entitled to compensation, including the guardian of a
13minor or of a person under legal disability. It includes any
14person who was a dependent of a deceased victim of a crime of
15violence for his or her support at the time of the death of
16that victim.
17    (b) "Court of Claims" means the Court of Claims created by
18the Court of Claims Act.
19    (c) "Crime of violence" means and includes any offense
20defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
2110-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2211-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,
2312-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3,



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112-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15,
212-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05
3except for subdivision (a)(4) or (g)(1), or subdivision (a)(4)
4of Section 11-14.4, of the Criminal Code of 1961 or the
5Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery
6Protection Act, Section 125 of the Stalking No Contact Order
7Act, Section 219 of the Civil No Contact Order Act, driving
8under the influence as defined in Section 11-501 of the
9Illinois Vehicle Code, a violation of Section 11-401 of the
10Illinois Vehicle Code, provided the victim was a pedestrian or
11was operating a vehicle moved solely by human power or a
12mobility device at the time of contact, and a violation of
13Section 11-204.1 of the Illinois Vehicle Code; so long as the
14offense did not occur during a civil riot, insurrection or
15rebellion. "Crime of violence" does not include any other
16offense or accident involving a motor vehicle except those
17vehicle offenses specifically provided for in this paragraph.
18"Crime of violence" does include all of the offenses
19specifically provided for in this paragraph that occur within
20this State but are subject to federal jurisdiction and crimes
21involving terrorism as defined in 18 U.S.C. 2331.
22    (d) "Victim" means (1) a person killed or injured in this
23State as a result of a crime of violence perpetrated or
24attempted against him or her, (2) the spouse or parent of a
25person killed or injured in this State as a result of a crime
26of violence perpetrated or attempted against the person, (3) a



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1person killed or injured in this State while attempting to
2assist a person against whom a crime of violence is being
3perpetrated or attempted, if that attempt of assistance would
4be expected of a reasonable person under the circumstances, (4)
5a person killed or injured in this State while assisting a law
6enforcement official apprehend a person who has perpetrated a
7crime of violence or prevent the perpetration of any such crime
8if that assistance was in response to the express request of
9the law enforcement official, (5) a person who personally
10witnessed a violent crime, (5.1) solely for the purpose of
11compensating for pecuniary loss incurred for psychological
12treatment of a mental or emotional condition caused or
13aggravated by the crime, any other person under the age of 18
14who is the brother, sister, half brother, half sister, child,
15or stepchild of a person killed or injured in this State as a
16result of a crime of violence, (6) an Illinois resident who is
17a victim of a "crime of violence" as defined in this Act
18except, if the crime occurred outside this State, the resident
19has the same rights under this Act as if the crime had occurred
20in this State upon a showing that the state, territory,
21country, or political subdivision of a country in which the
22crime occurred does not have a compensation of victims of
23crimes law for which that Illinois resident is eligible, (7) a
24deceased person whose body is dismembered or whose remains are
25desecrated as the result of a crime of violence, or (8) solely
26for the purpose of compensating for pecuniary loss incurred for



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1psychological treatment of a mental or emotional condition
2caused or aggravated by the crime, any parent, spouse, or child
3under the age of 18 of a deceased person whose body is
4dismembered or whose remains are desecrated as the result of a
5crime of violence.
6    (e) "Dependent" means a relative of a deceased victim who
7was wholly or partially dependent upon the victim's income at
8the time of his or her death and shall include the child of a
9victim born after his or her death.
10    (f) "Relative" means a spouse, parent, grandparent,
11stepfather, stepmother, child, grandchild, brother,
12brother-in-law, sister, sister-in-law, half brother, half
13sister, spouse's parent, nephew, niece, uncle or aunt.
14    (g) "Child" means an unmarried son or daughter who is under
1518 years of age and includes a stepchild, an adopted child or a
16child born out of wedlock.
17    (h) "Pecuniary loss" means, in the case of injury,
18appropriate medical expenses and hospital expenses including
19expenses of medical examinations, rehabilitation, medically
20required nursing care expenses, appropriate psychiatric care
21or psychiatric counseling expenses, expenses for care or
22counseling by a licensed clinical psychologist, licensed
23clinical social worker, licensed professional counselor, or
24licensed clinical professional counselor and expenses for
25treatment by Christian Science practitioners and nursing care
26appropriate thereto; transportation expenses to and from



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1medical and counseling treatment facilities; prosthetic
2appliances, eyeglasses, and hearing aids necessary or damaged
3as a result of the crime; costs associated with trafficking
4tattoo removal by a person authorized or licensed to perform
5the specific removal procedure; replacement costs for clothing
6and bedding used as evidence; costs associated with temporary
7lodging or relocation necessary as a result of the crime,
8including, but not limited to, the first month's rent and
9security deposit of the dwelling that the claimant relocated to
10and other reasonable relocation expenses incurred as a result
11of the violent crime; locks or windows necessary or damaged as
12a result of the crime; the purchase, lease, or rental of
13equipment necessary to create usability of and accessibility to
14the victim's real and personal property, or the real and
15personal property which is used by the victim, necessary as a
16result of the crime; the costs of appropriate crime scene
17clean-up; replacement services loss, to a maximum of $1,250 per
18month; dependents replacement services loss, to a maximum of
19$1,250 per month; loss of tuition paid to attend grammar school
20or high school when the victim had been enrolled as a student
21prior to the injury, or college or graduate school when the
22victim had been enrolled as a day or night student prior to the
23injury when the victim becomes unable to continue attendance at
24school as a result of the crime of violence perpetrated against
25him or her; loss of earnings, loss of future earnings because
26of disability resulting from the injury, and, in addition, in



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1the case of death, expenses for funeral, burial, and travel and
2transport for survivors of homicide victims to secure bodies of
3deceased victims and to transport bodies for burial all of
4which may not exceed a maximum of $7,500 and loss of support of
5the dependents of the victim; in the case of dismemberment or
6desecration of a body, expenses for funeral and burial, all of
7which may not exceed a maximum of $7,500. Loss of future
8earnings shall be reduced by any income from substitute work
9actually performed by the victim or by income he or she would
10have earned in available appropriate substitute work he or she
11was capable of performing but unreasonably failed to undertake.
12Loss of earnings, loss of future earnings and loss of support
13shall be determined on the basis of the victim's average net
14monthly earnings for the 6 months immediately preceding the
15date of the injury or on $1,250 per month, whichever is less
16or, in cases where the absences commenced more than 3 years
17from the date of the crime, on the basis of the net monthly
18earnings for the 6 months immediately preceding the date of the
19first absence, not to exceed $1,250 per month. If a divorced or
20legally separated applicant is claiming loss of support for a
21minor child of the deceased, the amount of support for each
22child shall be based either on the amount of support pursuant
23to the judgment prior to the date of the deceased victim's
24injury or death, or, if the subject of pending litigation filed
25by or on behalf of the divorced or legally separated applicant
26prior to the injury or death, on the result of that litigation.



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1Real and personal property includes, but is not limited to,
2vehicles, houses, apartments, town houses, or condominiums.
3Pecuniary loss does not include pain and suffering or property
4loss or damage.
5    (i) "Replacement services loss" means expenses reasonably
6incurred in obtaining ordinary and necessary services in lieu
7of those the injured person would have performed, not for
8income, but for the benefit of himself or herself or his or her
9family, if he or she had not been injured.
10    (j) "Dependents replacement services loss" means loss
11reasonably incurred by dependents or private legal guardians of
12minor dependents after a victim's death in obtaining ordinary
13and necessary services in lieu of those the victim would have
14performed, not for income, but for their benefit, if he or she
15had not been fatally injured.
16    (k) "Survivor" means immediate family including a parent,
17step-father, step-mother, child, brother, sister, or spouse.
18    (l) "Parent" means a natural parent, adopted parent,
19step-parent, or permanent legal guardian of another person.
20    (m) "Trafficking tattoo" is a tattoo which is applied to a
21victim in connection with the commission of a violation of
22Section 10-9 of the Criminal Code of 2012.
23(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10;
2496-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article
252, Section 1090, eff. 7-1-11; 97-817, eff. 1-1-13; 97-1109,
26eff. 1-1-13; 97-1150, eff. 1-25-13.)



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1    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
2    Sec. 6.1. Right to compensation. A person is entitled to
3compensation under this Act if:
4        (a) Within 2 years of the occurrence of the crime, or
5    within one year after a criminal charge of a person for an
6    offense, upon which the claim is based, he files an
7    application, under oath, with the Court of Claims and on a
8    form prescribed in accordance with Section 7.1 furnished by
9    the Attorney General. If the person entitled to
10    compensation is under 18 years of age or under other legal
11    disability at the time of the occurrence or becomes legally
12    disabled as a result of the occurrence, he may file the
13    application required by this subsection within 2 years
14    after he attains the age of 18 years or the disability is
15    removed, as the case may be. Legal disability includes a
16    diagnosis of posttraumatic stress disorder.
17        (b) For all crimes of violence, except those listed in
18    subsection (b-1) of this Section, the appropriate law
19    enforcement officials were notified within 72 hours of the
20    perpetration of the crime allegedly causing the death or
21    injury to the victim or, in the event such notification was
22    made more than 72 hours after the perpetration of the
23    crime, the applicant establishes that such notice was
24    timely under the circumstances.
25        (b-1) For victims of offenses defined in Sections



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1    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
3    the Criminal Code of 2012, the appropriate law enforcement
4    officials were notified within 7 days of the perpetration
5    of the crime allegedly causing death or injury to the
6    victim or, in the event that the notification was made more
7    than 7 days after the perpetration of the crime, the
8    applicant establishes that the notice was timely under the
9    circumstances. If the applicant or victim has obtained an
10    order of protection, a civil no contact order, or a
11    stalking no contact order, or has presented himself or
12    herself to a hospital for sexual assault evidence
13    collection and medical care, such action shall constitute
14    appropriate notification under this subsection (b-1) or
15    subsection (b) of this Section.
16        (c) The applicant has cooperated with law enforcement
17    officials in the apprehension and prosecution of the
18    assailant. If the applicant or victim has obtained an order
19    of protection, a civil no contact order, or a stalking no
20    contact order or has presented himself or herself to a
21    hospital for sexual assault evidence collection and
22    medical care, such action shall constitute cooperation
23    under this subsection (c).
24        (d) The applicant is not the offender or an accomplice
25    of the offender and the award would not unjustly benefit
26    the offender or his accomplice.



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1        (e) The injury to or death of the victim was not
2    substantially attributable to his own wrongful act and was
3    not substantially provoked by the victim.
4        (f) For victims of offenses defined in Section 10-9 of
5    the Criminal Code of 2012, the victim submits a statement
6    under oath on a form prescribed by the Attorney General
7    attesting that the removed tattoo was applied in connection
8    with the commission of the offense.
9(Source: P.A. 96-1551, eff. 7-1-11; 97-817, eff. 1-1-13;
1097-1150, eff. 1-25-13.)