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Public Act 099-0671
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| HB5472 Enrolled | LRB099 17592 HEP 41950 b |
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AN ACT concerning civil law.
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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 3. The Rights of Crime Victims and Witnesses Act is |
amended by changing Section 3 as follows:
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(725 ILCS 120/3) (from Ch. 38, par. 1403)
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Sec. 3. The terms used in this Act shall have the following |
meanings:
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(a) "Crime victim" or "victim" means: (1) any natural |
person determined by the prosecutor or the court to have |
suffered direct physical or psychological harm as a result of a |
violent crime perpetrated or attempted against that person or |
direct physical or psychological harm as a result of (i) a |
violation of Section 11-501 of the Illinois Vehicle Code or |
similar provision of a local ordinance or (ii) a violation of |
Section 9-3 of the Criminal Code of 1961 or the Criminal Code |
of 2012; (2) in the case of a crime victim who is under 18 years |
of age or an adult victim who is incompetent or incapacitated, |
both parents, legal guardians, foster parents, or a single |
adult representative; (3) in the case of an adult deceased |
victim, 2 representatives who may be the spouse, parent, child |
or sibling of the victim, or the representative of the victim's |
estate; and (4) an immediate family member of a victim under |
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clause (1) of this paragraph (a) chosen by the victim. If the |
victim is 18 years of age or over, the victim may choose any |
person to be the victim's representative. In no event shall the |
defendant or any person who aided and abetted in the commission |
of the crime be considered a victim, a crime victim, or a |
representative of the victim. |
A board, agency, or other governmental entity making |
decisions regarding an offender's release, sentence reduction, |
or clemency can determine additional persons are victims for |
the purpose of its proceedings. person with a disability
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(a-3) "Advocate" means a person whose communications with |
the victim are privileged under Section 8-802.1 or 8-802.2 of |
the Code of Civil Procedure, or Section 227 of the Illinois |
Domestic Violence Act of 1986. |
(a-5) "Confer" means to consult together, share |
information, compare opinions and carry on a discussion or |
deliberation. |
(a-7) "Sentence" includes, but is not limited to, the |
imposition of sentence, a request for a reduction in sentence, |
parole, mandatory supervised release, aftercare release, early |
release, clemency, or a proposal that would reduce the |
defendant's sentence or result in the defendant's release. |
"Early release" refers to a discretionary release. |
(a-9) "Sentencing" includes, but is not limited to, the |
imposition of sentence and a request for a reduction in |
sentence, parole, mandatory supervised release, aftercare |
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release, or early release. |
(b) "Witness" means: any person who personally observed the |
commission of
a crime and who will testify on behalf of the |
State of Illinois; or a person who will be called by the |
prosecution to give testimony establishing a necessary nexus |
between the offender and the violent crime.
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(c) "Violent crime Crime" means: (1) any felony in which |
force or threat of force was
used against the victim; (2) any |
offense involving sexual exploitation, sexual
conduct, or |
sexual penetration; (3) a violation of Section 11-20.1, |
11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or |
the Criminal Code of 2012; (4) domestic battery or , stalking; |
(5) violation of an order of
protection, a civil no contact |
order, or a stalking no contact order; (6) any misdemeanor |
which results in death or great bodily
harm to the victim; or |
(7) any violation of Section 9-3 of the Criminal Code of
1961 |
or the Criminal Code of 2012, or Section 11-501 of the Illinois |
Vehicle
Code, or a similar provision of a local ordinance, if |
the violation resulted
in personal injury or death. "Violent |
crime" includes any action committed by a juvenile
that would |
be a violent crime if committed by an adult. For the purposes |
of
this paragraph, "personal injury" shall include any Type A |
injury as indicated
on the traffic accident report completed by |
a law enforcement officer that
requires immediate professional |
attention in either a doctor's office or
medical facility. A |
type A injury shall include severely bleeding wounds,
distorted |
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extremities, and injuries that require the injured party to be
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carried from the scene.
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(d) (Blank).
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(e) "Court proceedings" includes, but is not limited to, |
the preliminary hearing, any post-arraignment hearing the
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effect of which may be the release of the defendant from |
custody or to alter
the conditions of bond, change of plea |
hearing, the trial, any pretrial or post-trial hearing, |
sentencing, any oral argument or hearing before an Illinois |
appellate court, any hearing under the Mental Health and |
Developmental Disabilities Code after a finding that the |
defendant is not guilty by reason of insanity, any
hearing |
related to a modification of sentence, probation revocation |
hearing, aftercare release or parole hearings, post-conviction |
relief proceedings, habeas corpus proceedings and clemency |
proceedings related to the defendant's conviction or sentence. |
For purposes of the victim's right to be present, "court |
proceedings" does not include (1) hearings under Section 109-1 |
of the Code of Criminal Procedure of 1963, (2) grand jury |
proceedings, (3) status hearings, or (4) the issuance of an |
order or decision of an Illinois court that dismisses a charge, |
reverses a conviction, reduces a sentence, or releases an |
offender under a court rule.
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(f) "Concerned citizen"
includes relatives of the victim, |
friends of the victim, witnesses to the
crime, or any other |
person associated with the victim or prisoner. |
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(g) "Victim's attorney" means an attorney retained by the |
victim for the purposes of asserting the victim's |
constitutional and statutory rights. An attorney retained by |
the victim means an attorney who is hired to represent the |
victim at the victim's expense or an attorney who has agreed to |
provide pro bono representation. Nothing in this statute |
creates a right to counsel at public expense for a victim. |
(Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15; |
99-413, eff. 8-20-15; revised 10-19-15.)
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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 |
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defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, |
12-3.1, 12-3.2,
12-3.3,
12-3.4, 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,
12-14.1, 12-15,
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12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 |
except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) |
of Section 11-14.4, of the Criminal Code of 1961 or the |
Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery |
Protection Act, Section 125 of the Stalking No Contact Order |
Act, Section 219 of the Civil No Contact Order Act, driving |
under
the influence as defined in Section
11-501 of the |
Illinois Vehicle Code, a violation of Section 11-401 of the |
Illinois Vehicle Code, provided the victim was a pedestrian or |
was operating a vehicle moved solely by human power or a |
mobility device at the time of contact, and a violation of |
Section 11-204.1 of the Illinois Vehicle Code; so long as the |
offense did not occur
during a civil riot, insurrection or |
rebellion. "Crime of violence" does not
include any other |
offense or accident involving a motor vehicle except those
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vehicle offenses specifically provided for in this paragraph. |
"Crime of
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 |
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State as a
result of a crime of violence perpetrated or |
attempted against him or her,
(2) the
spouse or parent of a |
person killed or injured in this State as a result of a crime |
of
violence perpetrated or attempted against the person, (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 person 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, (5.05) a person who will be called |
as a witness by the prosecution to establish a necessary nexus |
between the offender and the violent crime, (5.1) solely
for |
the purpose of compensating for pecuniary loss incurred for
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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
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this State as a
result of a crime of violence, (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, |
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territory, country, or political subdivision of a country
in |
which the crime occurred does not have a compensation of |
victims of
crimes law for which that Illinois resident is |
eligible, (7) a deceased person whose body is dismembered or |
whose remains are desecrated as the result of a crime of |
violence, or (8) 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 |
parent, spouse, or child under the age of 18 of a deceased |
person whose body is dismembered or whose remains are |
desecrated as the result of a crime of violence.
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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 |
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or psychiatric counseling expenses, expenses for care or
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counseling by a licensed clinical psychologist, licensed |
clinical social
worker, licensed professional counselor, 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 counseling treatment facilities; prosthetic |
appliances, eyeglasses, and
hearing aids necessary or damaged |
as a result of the
crime; costs associated with trafficking |
tattoo removal by a person authorized or licensed to perform |
the specific removal procedure; replacement costs for clothing |
and bedding used as evidence; costs
associated with temporary |
lodging or relocation necessary as a
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,
lease, or rental of |
equipment necessary to create usability of and
accessibility to |
the victim's real and personal property, or the real and
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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 $1,250 per |
month;
dependents replacement
services loss, to a maximum of |
$1,250 per month; loss of tuition paid to
attend grammar school |
or high school when the victim had been enrolled as a
student |
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prior to the injury, or college or graduate school when
the |
victim had been enrolled as a 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 $7,500 and loss of support of |
the dependents of
the victim; in the case of dismemberment or |
desecration of a body, expenses for funeral and burial, all of |
which may not exceed a maximum of $7,500.
Loss of future |
earnings shall be reduced by any income from substitute work
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actually performed by the victim or by income he or she would |
have earned
in
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 $1,250 per month, whichever is less |
or, in cases where the absences commenced more than 3 years |
from the date of the crime, on the basis of the net monthly |
earnings for the 6 months immediately preceding the date of the |
first absence, not to exceed $1,250 per month.
If a divorced or |
legally separated applicant is claiming loss of support
for a |
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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
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 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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(l) "Parent" means a natural parent, adopted parent, |
step-parent, or permanent legal guardian of another person. |
(m) "Trafficking tattoo" is a tattoo which is applied to a |