Full Text of HB1100 102nd General Assembly
HB1100ham004 102ND GENERAL ASSEMBLY | Rep. Eva Dina Delgado Filed: 4/5/2022
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| 1 | | AMENDMENT TO HOUSE BILL 1100
| 2 | | AMENDMENT NO. ______. Amend House Bill 1100, AS AMENDED, | 3 | | by replacing Section 35 with the following: | 4 | | "Section 35. The Crime Victims Compensation Act is amended | 5 | | by changing Sections 2, 7.1, and 10.1 as follows:
| 6 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
| 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context
otherwise requires:
| 9 | | (a) "Applicant" means any person who applies for | 10 | | compensation under this
Act or any person the Court of Claims | 11 | | or the Attorney General finds is entitled to compensation,
| 12 | | including the guardian of a minor or of a person under legal | 13 | | disability. It
includes any person who was a dependent of a | 14 | | deceased victim of a crime of
violence for his or her support | 15 | | at the time of the death of that victim.
| 16 | | The changes made to this subsection by this amendatory Act |
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| 1 | | of the 101st General Assembly apply to actions commenced or | 2 | | pending on or after January 1, 2022. | 3 | | (b) "Court of Claims" means the Court of Claims created by | 4 | | the Court
of Claims Act.
| 5 | | (c) "Crime of violence" means and includes any offense | 6 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | 7 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 8 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | 9 | | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | 10 | | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | 11 | | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | 12 | | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | 13 | | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | 15 | | the Cemetery Protection Act, Section 125 of the Stalking No | 16 | | Contact Order Act, Section 219 of the Civil No Contact Order | 17 | | Act, driving under
the influence as defined in Section
11-501 | 18 | | of the Illinois Vehicle Code, a violation of Section 11-401 of | 19 | | the Illinois Vehicle Code, provided the victim was a | 20 | | pedestrian or was operating a vehicle moved solely by human | 21 | | power or a mobility device at the time of contact, and a | 22 | | violation of Section 11-204.1 of the Illinois Vehicle Code; so | 23 | | long as the offense did not occur
during a civil riot, | 24 | | insurrection or rebellion. "Crime of violence" does not
| 25 | | include any other offense or accident involving a motor | 26 | | vehicle except those
vehicle offenses specifically provided |
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| 1 | | for in this paragraph. "Crime of
violence" does include all of | 2 | | the offenses specifically provided for in this
paragraph that | 3 | | occur within this State but are subject to federal | 4 | | jurisdiction
and crimes involving terrorism as defined in 18 | 5 | | U.S.C. 2331.
| 6 | | (d) "Victim" means (1) a person killed or injured in this | 7 | | State as a
result of a crime of violence perpetrated or | 8 | | attempted against him or her,
(2) the
spouse, parent, or child | 9 | | of a person killed or injured in this State as a result of a | 10 | | crime of
violence perpetrated or attempted against the person, | 11 | | or anyone living in the household of a person killed or injured | 12 | | in a relationship that is substantially similar to that of a | 13 | | parent, spouse, or child, (3) a person killed
or injured in | 14 | | this State while attempting to assist a person against whom a
| 15 | | crime of violence is being perpetrated or attempted, if that | 16 | | attempt of
assistance would be expected of a reasonable person | 17 | | under the circumstances,
(4) a person killed or injured in | 18 | | this State while assisting a law
enforcement official | 19 | | apprehend a person who has perpetrated a crime of
violence or | 20 | | prevent the perpetration of any such crime if that
assistance | 21 | | was in response to the express request of the law enforcement
| 22 | | official, (5) a person who personally
witnessed a violent | 23 | | crime, (5.05) a person who will be called as a witness by the | 24 | | prosecution to establish a necessary nexus between the | 25 | | offender and the violent crime, (5.1) solely
for the purpose | 26 | | of compensating for pecuniary loss incurred for
psychological |
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| 1 | | treatment of a mental or emotional condition caused or | 2 | | aggravated
by the crime, any other person under the age of 18 | 3 | | who is the brother, sister,
half brother, or half sister
of a | 4 | | person killed or injured in
this State as a
result of a crime | 5 | | of violence, (6) an Illinois resident
who is a victim of a | 6 | | "crime of violence" as defined in this Act except, if
the crime | 7 | | occurred outside this State, the resident has the same rights
| 8 | | under this Act as if the crime had occurred in this State upon | 9 | | a showing
that the state, territory, country, or political | 10 | | subdivision of a country
in which the crime occurred does not | 11 | | have a compensation of victims of
crimes law for which that | 12 | | Illinois resident is eligible, (7) a deceased person whose | 13 | | body is dismembered or whose remains are desecrated as the | 14 | | result of a crime of violence, or (8) solely for the purpose of | 15 | | compensating for pecuniary loss incurred for psychological | 16 | | treatment of a mental or emotional condition caused or | 17 | | aggravated by the crime, any parent, spouse, or child under | 18 | | the age of 18 of a deceased person whose body is dismembered or | 19 | | whose remains are desecrated as the result of a crime of | 20 | | violence.
| 21 | | (e) "Dependent" means a relative of a deceased victim who | 22 | | was wholly or
partially dependent upon the victim's income at | 23 | | the time of his or her
death
and shall include the child of a | 24 | | victim born after his or her death.
| 25 | | (f) "Relative" means a spouse, parent, grandparent, | 26 | | stepfather, stepmother,
child, grandchild, brother, |
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| 1 | | brother-in-law, sister, sister-in-law, half
brother, half | 2 | | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | 3 | | living in the household of a person killed or injured in a | 4 | | relationship that is substantially similar to that of a | 5 | | parent, spouse, or child.
| 6 | | (g) "Child" means a son or daughter and includes a | 7 | | stepchild, an adopted child or a child born out of wedlock.
| 8 | | (h) "Pecuniary loss" means, in the case of injury, | 9 | | appropriate medical
expenses and hospital expenses including | 10 | | expenses of medical
examinations, rehabilitation, medically | 11 | | required
nursing care expenses, appropriate
psychiatric care | 12 | | or psychiatric counseling expenses, appropriate expenses for | 13 | | care or
counseling by a licensed clinical psychologist, | 14 | | licensed clinical social
worker, licensed professional | 15 | | counselor, or licensed clinical professional counselor and | 16 | | expenses for treatment by Christian Science practitioners and
| 17 | | nursing care appropriate thereto; transportation expenses to | 18 | | and from medical and counseling treatment facilities; | 19 | | prosthetic appliances, eyeglasses, and
hearing aids necessary | 20 | | or damaged as a result of the
crime; expenses incurred for the | 21 | | towing of a victim's vehicle in connection with a crime of | 22 | | violence, to a maximum of $1,000; costs associated with | 23 | | trafficking tattoo removal by a person authorized or licensed | 24 | | to perform the specific removal procedure; replacement costs | 25 | | for clothing and bedding used as evidence; costs
associated | 26 | | with temporary lodging or relocation necessary as a
result of |
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| 1 | | the crime, including, but not limited to, the first month's | 2 | | rent and security deposit of the dwelling that the claimant | 3 | | relocated to and other reasonable relocation expenses incurred | 4 | | as a result of the violent crime;
locks or windows necessary or | 5 | | damaged as a result of the crime; the purchase,
lease, or | 6 | | rental of equipment necessary to create usability of and
| 7 | | accessibility to the victim's real and personal property, or | 8 | | the real and
personal property which is used by the victim, | 9 | | necessary as a result of the
crime; the costs of appropriate | 10 | | crime scene clean-up;
replacement
services loss, to a maximum | 11 | | of $1,250 per month;
dependents replacement
services loss, to | 12 | | a maximum of $1,250 per month; loss of tuition paid to
attend | 13 | | grammar school or high school when the victim had been | 14 | | enrolled as a
student prior to the injury, or college or | 15 | | graduate school when
the victim had been enrolled as a day or | 16 | | night student prior to
the injury when the victim becomes | 17 | | unable to continue attendance at school
as a result of the | 18 | | crime of violence perpetrated against him or her; loss
of
| 19 | | earnings, loss of future earnings because of disability | 20 | | resulting from the
injury, and, in addition, in the case of | 21 | | death, expenses for funeral, burial, and travel and transport | 22 | | for survivors
of homicide victims to secure bodies of deceased | 23 | | victims and to transport
bodies for burial all of which
may be | 24 | | awarded up to a maximum of $10,000 and loss of support of the | 25 | | dependents of
the victim; in the case of dismemberment or | 26 | | desecration of a body, expenses for funeral and burial, all of |
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| 1 | | which may be awarded up to a maximum of $10,000.
Loss of future | 2 | | earnings shall be reduced by any income from substitute work
| 3 | | actually performed by the victim or by income he or she would | 4 | | have earned
in
available appropriate substitute work he or she | 5 | | was capable of performing
but
unreasonably failed to | 6 | | undertake. Loss of earnings, loss of future
earnings and loss | 7 | | of support shall be determined on the basis of the
victim's | 8 | | average net monthly earnings for the 6 months immediately
| 9 | | preceding the date of the injury or on $2,400 per month, | 10 | | whichever is less or, in cases where the absences commenced | 11 | | more than 3 years from the date of the crime, on the basis of | 12 | | the net monthly earnings for the 6 months immediately | 13 | | preceding the date of the first absence, not to exceed $2,400 | 14 | | per month.
If a divorced or legally separated applicant is | 15 | | claiming loss of support
for a minor child of the deceased, the | 16 | | amount of support for each child
shall be based either on the | 17 | | amount of support
pursuant to the judgment prior to the date of | 18 | | the deceased
victim's injury or death, or, if the subject of | 19 | | pending litigation filed by
or on behalf of the divorced or | 20 | | legally separated applicant prior to the
injury or death, on | 21 | | the result of that litigation. Real and personal
property | 22 | | includes, but is not limited to, vehicles, houses, apartments,
| 23 | | town houses, or condominiums. Pecuniary loss does not
include | 24 | | pain and suffering or property loss or damage.
| 25 | | The changes made to this subsection by this amendatory Act | 26 | | of the 101st General Assembly apply to actions commenced or |
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| 1 | | pending on or after January 1, 2022. | 2 | | (i) "Replacement services loss" means expenses reasonably | 3 | | incurred in
obtaining ordinary and necessary services in lieu | 4 | | of those the
injured person would have performed, not for | 5 | | income, but for the benefit
of himself or herself or his or her | 6 | | family, if he or she had not
been injured.
| 7 | | (j) "Dependents replacement services loss" means loss | 8 | | reasonably incurred
by dependents or private legal guardians | 9 | | of minor dependents after a victim's death in obtaining | 10 | | ordinary and necessary
services in lieu of those the victim | 11 | | would have performed, not for income,
but for their benefit, | 12 | | if he or she had not been fatally injured.
| 13 | | (k) "Survivor" means immediate family including a parent, | 14 | | stepfather, stepmother, child,
brother, sister, or spouse.
| 15 | | (l) "Parent" means a natural parent, adopted parent, | 16 | | stepparent, or permanent legal guardian of another person. | 17 | | (m) "Trafficking tattoo" is a tattoo which is applied to a | 18 | | victim in connection with the commission of a violation of | 19 | | Section 10-9 of the Criminal Code of 2012. | 20 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | 21 | | 102-27, eff. 6-25-21.)
| 22 | | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
| 23 | | Sec. 7.1. (a) The application shall set out:
| 24 | | (1) the name and address of the victim;
| 25 | | (2) if the victim is deceased, the name and address of |
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| 1 | | the applicant
and his or her relationship to the victim, | 2 | | the names and addresses of other
persons dependent on the | 3 | | victim for their support and the extent to
which each is so | 4 | | dependent, and other persons who may be entitled to
| 5 | | compensation for a pecuniary loss;
| 6 | | (3) the date and nature of the crime on which the | 7 | | application for
compensation is based;
| 8 | | (4) the date and place where and the law enforcement | 9 | | officials to
whom notification of the crime was given;
| 10 | | (5) the nature and extent of the injuries sustained by | 11 | | the victim,
and the names and addresses of those giving | 12 | | medical and hospitalization
treatment to the victim;
| 13 | | (6) the pecuniary loss to the applicant and to such | 14 | | other persons as
are specified under item (2) resulting | 15 | | from the injury or death;
| 16 | | (7) the amount of benefits, payments, or awards, if | 17 | | any, payable
under:
| 18 | | (a) the Workers' Compensation Act,
| 19 | | (b) the Dram Shop Act,
| 20 | | (c) any claim, demand, or cause of action based | 21 | | upon the
crime-related injury or death,
| 22 | | (d) the Federal Medicare program,
| 23 | | (e) the State Public Aid program,
| 24 | | (f) Social Security Administration burial | 25 | | benefits,
| 26 | | (g) Veterans administration burial benefits,
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| 1 | | (h) life, health, accident , vehicle, towing, or | 2 | | liability insurance,
| 3 | | (i) the Criminal Victims' Escrow Account Act,
| 4 | | (j) the Sexual Assault Survivors Emergency | 5 | | Treatment Act, | 6 | | (k) restitution, or | 7 | | (l) any other source;
| 8 | | (8) releases authorizing the surrender to the Court of | 9 | | Claims or
Attorney General of reports, documents and other | 10 | | information relating to
the matters specified under this | 11 | | Act and rules promulgated in accordance
with the Act;
| 12 | | (9) such other information as the Court of Claims or | 13 | | the Attorney
General reasonably requires.
| 14 | | (b) The Attorney General may require that materials | 15 | | substantiating
the facts stated in the application be | 16 | | submitted with that application.
| 17 | | (c) An applicant, on his or her own motion, may file an | 18 | | amended application
or additional substantiating materials to | 19 | | correct inadvertent errors or
omissions at any time before the | 20 | | original application has been disposed
of by the Court of | 21 | | Claims or the Attorney General. In either case, the filing of | 22 | | additional
information or of an amended application shall be | 23 | | considered for the
purpose of this Act to have been filed at | 24 | | the same time as the original
application.
| 25 | | For claims submitted on or after January 1, 2022, an | 26 | | amended application or additional substantiating materials to |
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| 1 | | correct inadvertent errors or omissions may be filed at any | 2 | | time before the original application is disposed of by the | 3 | | Attorney General or the Court of Claims. | 4 | | (d) Determinations submitted by the Attorney General to | 5 | | the Court of Claims shall be available to the Court of Claims | 6 | | for review. The Attorney General shall provide the sources and | 7 | | evidence relied upon as a basis for a compensation | 8 | | determination. | 9 | | (e) The changes made to this Section by this amendatory | 10 | | Act of the 101st General Assembly apply to actions commenced | 11 | | or pending on or after January 1, 2022. | 12 | | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
| 13 | | (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
| 14 | | Sec. 10.1. Amount of compensation. The amount of | 15 | | compensation to which
an applicant and other persons are | 16 | | entitled shall be based on the
following factors:
| 17 | | (a) A victim may be compensated for his or her pecuniary | 18 | | loss.
| 19 | | (b) A dependent may be compensated for loss of support.
| 20 | | (c) Any person, even though not dependent upon the victim | 21 | | for his or her
support, may be compensated for reasonable
| 22 | | expenses of the victim to the extent to which he or she has | 23 | | paid or become
obligated to pay such expenses and only after | 24 | | compensation for reasonable
funeral, medical and hospital | 25 | | expenses of the victim have been awarded may
compensation be |
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| 1 | | made for reasonable expenses of the victim incurred for
| 2 | | psychological treatment of a mental or emotional condition | 3 | | caused or
aggravated by the crime.
| 4 | | (d) An award shall be reduced or denied according to the | 5 | | extent to which
the victim's injury or death was caused by | 6 | | provocation or incitement by the victim or the victim | 7 | | assisting, attempting, or committing a criminal act. A denial | 8 | | or reduction shall not automatically bar the survivors of | 9 | | homicide victims from receiving compensation for counseling, | 10 | | crime scene cleanup, relocation, funeral or burial costs, and | 11 | | loss of support if the survivor's actions have not initiated, | 12 | | provoked, or aggravated the suspect into initiating the | 13 | | qualifying crime.
| 14 | | (e) An award shall be reduced by the amount of benefits, | 15 | | payments
or awards payable under those sources which are | 16 | | required to be listed
under item (7) of Section 7.1(a) and any | 17 | | other sources except annuities,
pension plans, Federal Social | 18 | | Security payments payable to dependents
of the victim and the | 19 | | net proceeds of the first $25,000 of life
insurance that would | 20 | | inure to the benefit of the applicant, which the
applicant or | 21 | | any other person dependent for the support of a deceased
| 22 | | victim, as the case may be, has received or to which he or she | 23 | | is entitled
as a result of injury to or death of the victim.
| 24 | | (f) A final award shall not exceed $10,000 for a crime | 25 | | committed prior to
September 22, 1979, $15,000 for a crime | 26 | | committed on or after September 22,
1979 and prior to January |
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| 1 | | 1, 1986, $25,000 for a crime committed on or after
January 1, | 2 | | 1986 and prior to August 7, 1998, $27,000 for a crime committed | 3 | | on or after August
7, 1998 and prior to August 7, 2022, or | 4 | | $45,000 for a crime committed on or after August 7, 2022. If | 5 | | the total
pecuniary loss is greater than the maximum amount | 6 | | allowed, the award shall be
divided in proportion to the | 7 | | amount of actual loss 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, and
Veterans Administration burial benefits, and | 16 | | life, health, accident , full vehicle coverage (including | 17 | | towing insurance, if available), or
liability insurance.
| 18 | | (Source: P.A. 102-27, eff. 1-1-22 .)".
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