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




HB2640 EnrolledLRB098 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 as follows:
6    (740 ILCS 45/2)  (from Ch. 70, par. 72)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Applicant" means any person who applies for
10compensation under this Act or any person the Court of Claims
11finds is entitled to compensation, including the guardian of a
12minor or of a person under legal disability. It includes any
13person who was a dependent of a deceased victim of a crime of
14violence for his or her support at the time of the death of
15that victim.
16    (b) "Court of Claims" means the Court of Claims created by
17the Court of Claims Act.
18    (c) "Crime of violence" means and includes any offense
19defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
2010-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2111-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3,
2212-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3,
2312-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15,



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



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



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1caused or aggravated by the crime, any parent, spouse, or child
2under the age of 18 of a deceased person whose body is
3dismembered or whose remains are desecrated as the result of a
4crime of violence.
5    (e) "Dependent" means a relative of a deceased victim who
6was wholly or partially dependent upon the victim's income at
7the time of his or her death and shall include the child of a
8victim born after his or her death.
9    (f) "Relative" means a spouse, parent, grandparent,
10stepfather, stepmother, child, grandchild, brother,
11brother-in-law, sister, sister-in-law, half brother, half
12sister, spouse's parent, nephew, niece, uncle or aunt.
13    (g) "Child" means an unmarried son or daughter who is under
1418 years of age and includes a stepchild, an adopted child or a
15child born out of wedlock.
16    (h) "Pecuniary loss" means, in the case of injury,
17appropriate medical expenses and hospital expenses including
18expenses of medical examinations, rehabilitation, medically
19required nursing care expenses, appropriate psychiatric care
20or psychiatric counseling expenses, expenses for care or
21counseling by a licensed clinical psychologist, licensed
22clinical social worker, licensed professional counselor, or
23licensed clinical professional counselor and expenses for
24treatment by Christian Science practitioners and nursing care
25appropriate thereto; transportation expenses to and from
26medical and counseling treatment facilities; prosthetic



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



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



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1vehicles, houses, apartments, town houses, or condominiums.
2Pecuniary loss does not include pain and suffering or property
3loss or damage.
4    (i) "Replacement services loss" means expenses reasonably
5incurred in obtaining ordinary and necessary services in lieu
6of those the injured person would have performed, not for
7income, but for the benefit of himself or herself or his or her
8family, if he or she had not been injured.
9    (j) "Dependents replacement services loss" means loss
10reasonably incurred by dependents or private legal guardians of
11minor dependents after a victim's death in obtaining ordinary
12and necessary services in lieu of those the victim would have
13performed, not for income, but for their benefit, if he or she
14had not been fatally injured.
15    (k) "Survivor" means immediate family including a parent,
16step-father, step-mother, child, brother, sister, or spouse.
17    (l) "Parent" means a natural parent, adopted parent,
18step-parent, or permanent legal guardian of another person.
19    (m) "Trafficking tattoo" is a tattoo which is applied to a
20victim in connection with the commission of a violation of
21Section 10-9 of the Criminal Code of 2012.
22(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10;
2396-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article
242, Section 1090, eff. 7-1-11; 97-817, eff. 1-1-13; 97-1109,
25eff. 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
26    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,



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



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1    substantially attributable to his own wrongful act and was
2    not substantially provoked by the victim.
3        (f) For victims of offenses defined in Section 10-9 of
4    the Criminal Code of 2012, the victim submits a statement
5    under oath on a form prescribed by the Attorney General
6    attesting that the removed tattoo was applied in connection
7    with the commission of the offense.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-817, eff. 1-1-13;
997-1150, eff. 1-25-13.)