Illinois General Assembly - Illinois Compiled Statutes

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740 ILCS 45/10.1

(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)

Sec. 10.1. Amount of compensation.

The amount of compensation to which
an applicant and other persons are entitled shall be based on the
following factors:

(a) A victim may be compensated for his or her pecuniary loss.

(b) A dependent may be compensated for loss of support.

(c) Any person, even though not dependent upon the victim for his or her
support, may be compensated for reasonable
expenses of the victim to the extent to which he or she has paid or become
obligated to pay such expenses and only after compensation for reasonable
funeral, medical and hospital expenses of the victim have been awarded may
compensation be made for reasonable expenses of the victim incurred for
psychological treatment of a mental or emotional condition caused or
aggravated by the crime.

(d) An award shall be reduced or denied according to the extent to which
the victim's injury or death was caused by provocation or incitement by the victim or the victim assisting, attempting, or committing a criminal act. A denial or reduction shall not automatically bar the survivors of homicide victims from receiving compensation for counseling, crime scene cleanup, relocation, funeral or burial costs, and loss of support if the survivor's actions have not initiated, provoked, or aggravated the suspect into initiating the qualifying crime.

(e) An award shall be reduced by the amount of benefits, payments
or awards payable under those sources which are required to be listed
under item (7) of Section 7.1(a) and any other sources except annuities,
pension plans, Federal Social Security payments payable to dependents
of the victim and the net proceeds of the first $25,000 of life
insurance that would inure to the benefit of the applicant, which the
applicant or any other person dependent for the support of a deceased
victim, as the case may be, has received or to which he or she is entitled
as a result of injury to or death of the victim.

(f) A final award shall not exceed $10,000 for a crime committed prior to
September 22, 1979, $15,000 for a crime committed on or after September 22,
1979 and prior to January 1, 1986, $25,000 for a crime committed on or after
January 1, 1986 and prior to August 7, 1998, $27,000 for a crime committed on or after August
7, 1998 and prior to August 7, 2022, or $45,000 for a crime committed on or after August 7, 2022.  If the total
pecuniary loss is greater than the maximum amount allowed, the award shall be
divided in proportion to the amount of actual loss among those entitled to
compensation.

(g) Compensation under this Act is a secondary source of compensation
and the applicant must show that he or she has exhausted the benefits
reasonably available under the Criminal Victims' Escrow Account Act or any
governmental or medical or health insurance programs, including but not
limited to Workers' Compensation, the Federal Medicare program, the State
Public Aid program, Social Security Administration burial benefits,
Veterans Administration burial benefits, and life, health, accident or
liability insurance.

(Source: P.A. 102-27, eff. 1-1-22.)