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Public Act 094-0877 |
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AN ACT concerning civil liabilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Crime Victims Compensation Act is amended by | ||||
changing Section 2 as follows:
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(740 ILCS 45/2) (from Ch. 70, par. 72)
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Sec. 2. Definitions. As used in this Act, unless the | ||||
context
otherwise requires:
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(a) "Applicant" means any person who applies for | ||||
compensation under this
Act or any person the Court of Claims | ||||
finds is entitled to compensation,
including the guardian of a | ||||
minor or of a person under legal disability. It
includes any | ||||
person who was a dependent of a deceased victim of a crime of
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violence for his or her support at the time of the death of | ||||
that victim.
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(b) "Court of Claims" means the Court of Claims created by | ||||
the Court
of Claims Act.
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(c) "Crime of violence" means and includes any offense | ||||
defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, | ||||
11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, | ||||
12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
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12-14.1, 12-15,
12-16, 12-30, 20-1 or 20-1.1 of the Criminal | ||||
Code of 1961, and driving under
the influence of intoxicating | ||||
liquor or narcotic drugs as defined in Section
11-501 of the | ||||
Illinois Vehicle Code, if none of the said offenses
occurred
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during a civil riot, insurrection or rebellion. "Crime of | ||||
violence" does not
include any other offense or accident | ||||
involving a motor vehicle except those
vehicle offenses | ||||
specifically provided for in this paragraph. "Crime of
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violence" does include all of the offenses specifically | ||||
provided for in this
paragraph that occur within this State but | ||||
are subject to federal jurisdiction
and crimes involving |
terrorism as defined in 18 U.S.C. 2331.
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(d) "Victim" means (1) a person killed or injured in this | ||
State as a
result of a crime of violence perpetrated or | ||
attempted against him or her,
(2) the
parent of a person
child | ||
killed or injured in this State as a result of a crime of
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violence perpetrated or attempted against the person
child , (3) | ||
a person killed
or injured in this State while attempting to | ||
assist a person against whom a
crime of violence is being | ||
perpetrated or attempted, if that attempt of
assistance would | ||
be expected of a reasonable man under the circumstances,
(4) a | ||
person killed or injured in this State while assisting a law
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enforcement official apprehend a person who has perpetrated a | ||
crime of
violence or prevent the perpetration of any such crime | ||
if that
assistance was in response to the express request of | ||
the law enforcement
official, (5) a person who personally
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witnessed a violent crime, (5.1) solely
for the purpose of | ||
compensating for pecuniary loss incurred for
psychological | ||
treatment of a mental or emotional condition caused or | ||
aggravated
by the crime, any other person under the age of 18 | ||
who is the brother, sister,
half brother, half sister, child, | ||
or stepchild
of a person killed or injured in
this State as a
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result of a crime of violence, or (6) an Illinois resident
who | ||
is a victim of a "crime of violence" as defined in this Act | ||
except, if
the crime occurred outside this State, the resident | ||
has the same rights
under this Act as if the crime had occurred | ||
in this State upon a showing
that the state, territory, | ||
country, or political subdivision of a country
in which the | ||
crime occurred does not have a compensation of victims of
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crimes law for which that Illinois resident is eligible.
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(e) "Dependent" means a relative of a deceased victim who | ||
was wholly or
partially dependent upon the victim's income at | ||
the time of his or her
death
and shall include the child of a | ||
victim born after his or her death.
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(f) "Relative" means a spouse, parent, grandparent, | ||
stepfather, stepmother,
child, grandchild, brother, | ||
brother-in-law, sister, sister-in-law, half
brother, half |
sister, spouse's parent, nephew, niece, uncle or aunt.
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(g) "Child" means an unmarried son or daughter who is under | ||
18 years of
age and includes a stepchild, an adopted child or a | ||
child born out of wedlock.
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(h) "Pecuniary loss" means, in the case of injury, | ||
appropriate medical
expenses and hospital expenses including | ||
expenses of medical
examinations, rehabilitation, medically | ||
required
nursing care expenses, appropriate
psychiatric care | ||
or psychiatric counseling expenses, expenses for care or
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counseling by a licensed clinical psychologist, licensed | ||
clinical social
worker, or licensed clinical professional | ||
counselor and expenses for treatment by Christian Science | ||
practitioners and
nursing care appropriate thereto; | ||
transportation expenses to and from medical and treatment | ||
facilities; prosthetic appliances, eyeglasses, and
hearing | ||
aids necessary or damaged as a result of the
crime; replacement | ||
costs for clothing and bedding used as evidence; costs
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associated with temporary lodging or relocation necessary as a
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result of the crime, including, but not limited to, the first | ||
month's rent and security deposit of the dwelling that the | ||
claimant relocated to and other reasonable relocation expenses | ||
incurred as a result of the violent crime;
locks or windows | ||
necessary or damaged as a result of the crime; the purchase,
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lease, or rental of equipment necessary to create usability of | ||
and
accessibility to the victim's real and personal property, | ||
or the real and
personal property which is used by the victim, | ||
necessary as a result of the
crime; the costs of appropriate | ||
crime scene clean-up;
replacement
services loss, to a maximum | ||
of $1000 per month;
dependents replacement
services loss, to a | ||
maximum of $1000 per month; loss of tuition paid to
attend | ||
grammar school or high school when the victim had been enrolled | ||
as a
full-time student prior to the injury, or college or | ||
graduate school when
the victim had been enrolled as a | ||
full-time day or night student prior to
the injury when the | ||
victim becomes unable to continue attendance at school
as a | ||
result of the crime of violence perpetrated against him or her; |
loss
of
earnings, loss of future earnings because of disability | ||
resulting from the
injury, and, in addition, in the case of | ||
death, expenses for funeral, burial, and travel and transport | ||
for survivors
of homicide victims to secure bodies of deceased | ||
victims and to transport
bodies for burial all of which
may not | ||
exceed a maximum of $5,000 and loss of support of the | ||
dependents of
the victim.
Loss of future earnings shall be | ||
reduced by any income from substitute work
actually performed | ||
by the victim or by income he or she would have earned
in
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available appropriate substitute work he or she was capable of | ||
performing
but
unreasonably failed to undertake. Loss of | ||
earnings, loss of future
earnings and loss of support shall be | ||
determined on the basis of the
victim's average net monthly | ||
earnings for the 6 months immediately
preceding the date of the | ||
injury or on $1000 per month, whichever is less.
If a divorced | ||
or legally separated applicant is claiming loss of support
for | ||
a minor child of the deceased, the amount of support for each | ||
child
shall be based either on the amount of support
pursuant | ||
to the judgment prior to the date of the deceased
victim's | ||
injury or death, or, if the subject of pending litigation filed | ||
by
or on behalf of the divorced or legally separated applicant | ||
prior to the
injury or death, on the result of that litigation. | ||
Real and personal
property includes, but is not limited to, | ||
vehicles, houses, apartments,
town houses, or condominiums. | ||
Pecuniary loss does not
include pain and suffering or property | ||
loss or damage.
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(i) "Replacement services loss" means expenses reasonably | ||
incurred in
obtaining ordinary and necessary services in lieu | ||
of those the permanently
injured person would have performed, | ||
not for income, but for the benefit
of himself or herself or | ||
his or her family, if he or she had not
been permanently | ||
injured.
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(j) "Dependents replacement services loss" means loss | ||
reasonably incurred
by dependents or private legal guardians of | ||
minor dependents after a victim's death in obtaining ordinary | ||
and necessary
services in lieu of those the victim would have |
performed, not for income,
but for their benefit, if he or she | ||
had not been fatally injured.
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(k) "Survivor" means immediate family including a parent, | ||
step-father,
step-mother, child,
brother, sister, or spouse.
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(Source: P.A. 94-229, eff. 1-1-06; 94-399, eff. 1-1-06; 94-400, | ||
eff. 1-1-06; revised 8-19-05.)
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