State of Illinois
90th General Assembly
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90_SB0506

      740 ILCS 45/2             from Ch. 70, par. 72
          Amends the  Crime  Victims  Compensation  Act.   Includes
      expenses  of  rehabilitation  and  expenses for the purchase,
      lease, or rental of equipment necessary to create  useability
      of  and  accessibility  to  the  victim's  real  and personal
      property, or property used by  the  victim,  necessary  as  a
      result of the crime of violence.
                                                     LRB9002792RCks
                                               LRB9002792RCks
 1        AN  ACT  to  amend  the Crime Victims Compensation Act by
 2    changing Section 2.
 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 2 as follows:
 7        (740 ILCS 45/2) (from Ch. 70, par. 72)
 8        Sec.  2.  Definitions.   As  used in this Act, unless the
 9    context otherwise requires:
10        (a)  "Applicant"  means  any  person  who   applies   for
11    compensation under this Act or any person the Court of Claims
12    finds  is entitled to compensation, including the guardian of
13    a minor or of a person under legal  disability.  It  includes
14    any  person  who  was  a  dependent of a deceased victim of a
15    crime of violence for his support at the time of the death of
16    that victim.
17        (b)  "Court of Claims" means the Court of Claims  created
18    by the Court of Claims Act.
19        (c)  "Crime  of  violence" means and includes any offense
20    defined  in  Sections  9-1,  9-2,  9-3,  10-1,  10-2,  11-11,
21    11-19.2, 11-20.1, 12-1, 12-2,  12-3,  12-3.2,  12-4,  12-4.1,
22    12-4.3,  12-5,  12-13,  12-14,  12-14.1, 12-15, 12-16, 12-30,
23    20-1 or 20-1.1 of the Criminal  Code  of  1961,  and  driving
24    under  the influence of intoxicating liquor or narcotic drugs
25    as defined in Section 11-501 of the  Illinois  Vehicle  Code,
26    and  if  none  of  the  said offenses occurred during a civil
27    riot, insurrection or rebellion.  "Crime  of  violence"  does
28    not  include  any other offense or accident involving a motor
29    vehicle except those vehicle offenses  specifically  provided
30    for  in this paragraph.  "Crime of violence" does include all
31    of the offenses specifically provided for in  this  paragraph
                            -2-                LRB9002792RCks
 1    that  occur  within  this  State  but  are subject to federal
 2    jurisdiction.
 3        (d)  "Victim" means (1) a person  killed  or  injured  in
 4    this  State as a result of a crime of violence perpetrated or
 5    attempted against him, (2) the parent of a  child  killed  or
 6    injured  in  this  State  as  a result of a crime of violence
 7    perpetrated or attempted against  the  child,  (3)  a  person
 8    killed  or injured in this State while attempting to assist a
 9    person against whom a crime of violence is being  perpetrated
10    or attempted, if that attempt of assistance would be expected
11    of  a  reasonable  man  under the circumstances, (4) a person
12    killed or  injured  in  this  State  while  assisting  a  law
13    enforcement official apprehend a person who has perpetrated a
14    crime  of  violence  or  prevent the perpetration of any such
15    crime if that assistance  was  in  response  to  the  express
16    request  of  the  law  enforcement  official, (5) a child who
17    personally witnessed a violent crime perpetrated or attempted
18    against a relative, or (6) an  Illinois  resident  who  is  a
19    victim  of  a  "crime  of  violence"  as  defined in this Act
20    except,  if  the  crime  occurred  outside  this  State,  the
21    resident has the same rights under this Act as if  the  crime
22    had  occurred  in  this  State upon a showing that the state,
23    territory, country, or political subdivision of a country  in
24    which  the  crime  occurred  does  not have a compensation of
25    victims of crimes law for which  that  Illinois  resident  is
26    eligible.
27        (e)  "Dependent"  means  a  relative of a deceased victim
28    who was wholly  or  partially  dependent  upon  the  victim's
29    income  at  the time of his death and shall include the child
30    of a victim born after his death.
31        (f)  "Relative"  means  a  spouse,  parent,  grandparent,
32    stepfather,   stepmother,   child,    grandchild,    brother,
33    brother-in-law,  sister,  sister-in-law,  half  brother, half
34    sister, spouse's parent, nephew, niece, uncle or aunt.
                            -3-                LRB9002792RCks
 1        (g)  "Child" means an unmarried son or  daughter  who  is
 2    under  18  years  of age and includes a stepchild, an adopted
 3    child or an illegitimate child.
 4        (h)  "Pecuniary loss"  means,  in  the  case  of  injury,
 5    appropriate  medical expenses and hospital expenses including
 6    expenses   of    a    medical    examinations    examination,
 7    rehabilitation,   medically  required  nursing care expenses,
 8    appropriate  psychiatric  care  or   psychiatric   counseling
 9    expenses,  expenses  for  care  or  counseling  by a licensed
10    clinical psychologist or licensed clinical social worker  and
11    expenses for treatment by Christian Science practitioners and
12    nursing  care  appropriate  thereto;  prosthetic  appliances,
13    eyeglasses, and hearing aids necessary or damaged as a result
14    of  the  crime;  the  purchase, lease, or rental of equipment
15    necessary to create useability of and  accessibility  to  the
16    victim's real and personal property, or the real and personal
17    property  which  is used by the victim, necessary as a result
18    of the crime; replacement services  loss,  to  a  maximum  of
19    $1000  per  month; dependents replacement services loss, to a
20    maximum of $1000 per month; loss of tuition  paid  to  attend
21    grammar  school  or  high  school  when  the  victim had been
22    enrolled as a full-time  student  prior  to  the  injury,  or
23    college  or graduate school when the victim had been enrolled
24    as a full-time day or night student prior to the injury  when
25    the victim becomes unable to continue attendance at school as
26    a  result  of  the crime of violence perpetrated against him;
27    loss  of  earnings,  loss  of  future  earnings  because   of
28    disability  resulting  from  the injury, and, in addition, in
29    the case of death, funeral and burial expenses to  a  maximum
30    of $3000 and loss of support of the dependents of the victim.
31    Loss  of  future earnings shall be reduced by any income from
32    substitute work actually performed by the victim or by income
33    he would have earned in available appropriate substitute work
34    he was capable  of  performing  but  unreasonably  failed  to
                            -4-                LRB9002792RCks
 1    undertake.   Loss  of  earnings,  loss of future earnings and
 2    loss of support shall be  determined  on  the  basis  of  the
 3    victim's  average  net  monthly  earnings  for  the  6 months
 4    immediately preceding the date of the injury or on $1000  per
 5    month, whichever is less.  If a divorced or legally separated
 6    applicant  is  claiming  loss of support for a minor child of
 7    the deceased, the amount of support for each child  shall  be
 8    based  either  on  the  amount  of  support  the  minor child
 9    received pursuant to the judgment for the 6 months  prior  to
10    the date of the deceased victim's injury or death, or, if the
11    subject  of  pending  litigation filed by or on behalf of the
12    divorced or legally separated applicant prior to  the  injury
13    or  death,  on  the  result  of  that  litigation.   Real and
14    personal property includes, but is not limited to,  vehicles,
15    houses,  apartments,  townhouses, or condominiums.  Pecuniary
16    loss does not include pain and suffering or property loss  or
17    damage.
18        (i)  "Replacement    services    loss"   means   expenses
19    reasonably  incurred  in  obtaining  ordinary  and  necessary
20    services in lieu of  those  the  permanently  injured  person
21    would  have performed, not for income, but for the benefit of
22    himself or  his  family,  if  he  had  not  been  permanently
23    injured.
24        (j)  "Dependents  replacement  services  loss" means loss
25    reasonably incurred by dependents after a victim's  death  in
26    obtaining  ordinary  and  necessary services in lieu of those
27    the victim would have performed,  not  for  income,  but  for
28    their benefit, if he had not been fatally injured.
29    (Source: P.A.  89-313,  eff.  1-1-96;  89-428, eff. 12-13-95;
30    89-462, eff. 5-29-96.)

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