Full Text of HB1808 99th General Assembly
HB1808ham001 99TH GENERAL ASSEMBLY | Rep. Robert W. Pritchard Filed: 4/14/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1808
| 2 | | AMENDMENT NO. ______. Amend House Bill 1808 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Crime Victims Compensation Act is amended | 5 | | by changing Section 10.1 as follows:
| 6 | | (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
| 7 | | Sec. 10.1. Amount of compensation. The amount of | 8 | | compensation to which
an applicant and other persons are | 9 | | entitled shall be based on the
following factors:
| 10 | | (a) A victim may be compensated for his or her pecuniary | 11 | | loss , including but not limited to legal expenses and court | 12 | | costs related to the enforcement of the crime victim's rights .
| 13 | | (b) A dependent may be compensated for loss of support.
| 14 | | (c) Any person, even though not dependent upon the victim | 15 | | for his or her
support, may be compensated for reasonable
| 16 | | expenses of the victim to the extent to which he or she has |
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| 1 | | paid or become
obligated to pay such expenses , including but | 2 | | not limited to legal expenses and court costs related to the | 3 | | enforcement of the crime victim's rights, and only after | 4 | | compensation for reasonable
funeral, medical and hospital | 5 | | expenses of the victim have been awarded may
compensation be | 6 | | made for reasonable expenses of the victim incurred for
| 7 | | psychological treatment of a mental or emotional condition | 8 | | caused or
aggravated by the crime.
| 9 | | (d) An award shall be reduced or denied according to the | 10 | | extent to which
the victim's acts or conduct provoked or | 11 | | contributed to his or her injury
or death, or the extent to | 12 | | which any prior criminal conviction or conduct
of the victim | 13 | | may have directly or indirectly contributed to the injury or
| 14 | | death of the victim.
| 15 | | (e) An award shall be reduced by the amount of benefits, | 16 | | payments
or awards payable under those sources which are | 17 | | required to be listed
under item (7) of Section 7.1(a) and any | 18 | | other sources except annuities,
pension plans, Federal Social | 19 | | Security payments payable to dependents
of the victim and the | 20 | | net proceeds of the first $25,000 of life
insurance that would | 21 | | inure to the benefit of the applicant, which the
applicant or | 22 | | any other person dependent for the support of a deceased
| 23 | | victim, as the case may be, has received or to which he or she | 24 | | is entitled
as a result of injury to or death of the victim.
| 25 | | (f) A final award shall not exceed $10,000 for a crime | 26 | | committed prior to
September 22, 1979, $15,000 for a crime |
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| 1 | | committed on or after September 22,
1979 and prior to January | 2 | | 1, 1986, $25,000 for a crime committed on or after
January 1, | 3 | | 1986 and prior to August 7, 1998, or $27,000 for a crime | 4 | | committed on or after August
7, 1998. If the total
pecuniary | 5 | | loss is greater than the maximum amount allowed, the award | 6 | | shall be
divided in proportion to the amount of actual loss | 7 | | among those entitled to
compensation.
| 8 | | (g) Compensation under this Act is a secondary source of | 9 | | compensation
and the applicant must show that he or she has | 10 | | exhausted the benefits
reasonably available under the Criminal | 11 | | Victims' Escrow Account Act or any
governmental or medical or | 12 | | health insurance programs, including but not
limited to | 13 | | Workers' Compensation, the Federal Medicare program, the State
| 14 | | Public Aid program, Social Security Administration burial | 15 | | benefits,
Veterans Administration burial benefits, and life, | 16 | | health, accident or
liability insurance.
| 17 | | (Source: P.A. 97-817, eff. 1-1-13.)".
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