[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] |
90_HB1285
740 ILCS 45/10.1 from Ch. 70, par. 80.1
Amends the Crime Victims Compensation Act. Permits the
Court of Claims to compensate a victim of a crime of violence
for the costs of attending a self-defense class for victims
of crimes of violence at an amount determined reasonable by
the Court of Claims.
LRB9004835RCcc
LRB9004835RCcc
1 AN ACT to amend the Crime Victims Compensation Act by
2 changing Section 10.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Crime Victims Compensation Act is amended
6 by changing Section 10.1 as follows:
7 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
8 Sec. 10.1. The amount of compensation to which an
9 applicant and other persons is entitled shall be based on the
10 following factors:
11 (a) a victim may be compensated for his pecuniary loss;
12 (b) a dependent may be compensated for loss of support;
13 (c) any person related to the victim, even though not
14 dependent upon the victim for his support, may be compensated
15 for reasonable funeral, medical and hospital expenses of the
16 victim to the extent to which he has paid or become obligated
17 to pay such expenses and only after compensation for
18 reasonable funeral, medical and hospital expenses of the
19 victim have been awarded may compensation be made for
20 reasonable expenses of the victim incurred for psychological
21 treatment of a mental or emotional condition caused or
22 aggravated by the crime;
23 (d) an award shall be reduced or denied according to the
24 extent to which the victim's acts or conduct provoked or
25 contributed to his injury or death, or the extent to which
26 any prior criminal conviction or conduct of the victim may
27 have directly or indirectly contributed to the injury or
28 death of the victim;
29 (e) an award shall be reduced by the amount of benefits,
30 payments or awards payable under those sources which are
31 required to be listed under item (7) of Section 7.1(a) and
-2- LRB9004835RCcc
1 any other sources except annuities, pension plans, Federal
2 Social Security payments payable to dependents of the victim
3 and the net proceeds of the first $25,000 of life insurance
4 that would inure to the benefit of the applicant, which the
5 applicant or any other person dependent for the support of a
6 deceased victim, as the case may be, has received or to which
7 he is entitled as a result of injury to or death of the
8 victim.
9 (f) A final award shall not exceed $10,000 for a crime
10 committed prior to September 22, 1979, $15,000 for a crime
11 committed on or after September 22, 1979 and prior to January
12 1, 1986, or $25,000 for a crime committed on or after January
13 1, 1986. If the total pecuniary loss is greater than the
14 maximum amount allowed, the award shall be divided in
15 proportion to the amount of actual loss among those entitled
16 to compensation;
17 (g) compensation under this Act is a secondary source of
18 compensation and the applicant must show that he has
19 exhausted the benefits reasonably available under the
20 Criminal Victims' Escrow Account Act or any governmental or
21 medical or health insurance programs, including, but not
22 limited to Workers' Compensation, the Federal Medicare
23 program, the State Public Aid program, Social Security
24 Administration burial benefits, Veterans Administration
25 burial benefits, and life, health, accident or liability
26 insurance;.
27 (h) a victim may be compensated for the costs of
28 attending a self-defense class for victims of crimes of
29 violence at an amount determined to be reasonable by the
30 Court of Claims.
31 (Source: P.A. 86-1009; 87-605.)