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Public Act 100-0690 | ||||
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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 5. The Freedom of Information Act is amended by | ||||
changing Section 7.5 as follows: | ||||
(5 ILCS 140/7.5) | ||||
(Text of Section before amendment by P.A. 100-512 and | ||||
100-517 ) | ||||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||||
by the statutes referenced below, the following shall be exempt | ||||
from inspection and copying: | ||||
(a) All information determined to be confidential | ||||
under Section 4002 of the Technology Advancement and | ||||
Development Act. | ||||
(b) Library circulation and order records identifying | ||||
library users with specific materials under the Library | ||||
Records Confidentiality Act. | ||||
(c) Applications, related documents, and medical | ||||
records received by the Experimental Organ Transplantation | ||||
Procedures Board and any and all documents or other records | ||||
prepared by the Experimental Organ Transplantation | ||||
Procedures Board or its staff relating to applications it | ||||
has received. |
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the |
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under Brian's Law. |
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) (ff) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) (ff) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) (ff) Information which is exempted from | ||
disclosure under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) | ||
(Text of Section after amendment by P.A. 100-517 but before | ||
amendment by P.A. 100-512 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be exempt | ||
from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible |
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the |
Personnel Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under Brian's Law. | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) (ff) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) (ff) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) (ff) Information which is exempted from | ||
disclosure under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(jj) (ff) Information and reports that are required to | ||
be submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised | ||
11-2-17.) | ||
(Text of Section after amendment by P.A. 100-512 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be exempt | ||
from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible |
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the |
Personnel Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under Brian's Law. | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) (ff) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) (ff) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) (ff) Information which is exempted from | ||
disclosure under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(jj) (ff) Information and reports that are required to | ||
be submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) (ff) Information prohibited from disclosure under | ||
the Seizure and Forfeiture Reporting Act. |
(ll) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; revised 11-2-17.) | ||
Section 10. The Crime Victims Compensation Act is amended | ||
by changing Section 2 and by adding Section 4.2 as follows:
| ||
(740 ILCS 45/2) (from Ch. 70, par. 72)
| ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
(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
| ||
violence for his or her support at the time of the death of | ||
that victim.
| ||
(b) "Court of Claims" means the Court of Claims created by | ||
the Court
of Claims Act.
| ||
(c) "Crime of violence" means and includes any offense | ||
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, 11-23, 11-23.5, | ||
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,
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
| ||
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.
| ||
(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
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
| ||
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
| ||
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
| ||
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
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, | ||
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.
| ||
(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.
| ||
(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.
| ||
(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.
| ||
(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, appropriate expenses for |
care or
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
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 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
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 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.
| ||
(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.
| ||
(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.
| ||
(k) "Survivor" means immediate family including a parent, | ||
step-father,
step-mother, child,
brother, sister, or spouse.
| ||
(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 | ||
victim in connection with the commission of a violation of |
Section 10-9 of the Criminal Code of 2012. | ||
(Source: P.A. 98-435, eff. 1-1-14; 99-671, eff. 1-1-17 .) | ||
(740 ILCS 45/4.2 new) | ||
Sec. 4.2. Cooperation in review of crime victims | ||
compensation applications. A law enforcement agency in this | ||
State shall, within 15 days of receipt of a written request for | ||
a police report made to verify that the requirements of a crime | ||
victims compensation application under Section 6.1 of this Act | ||
have been met, provide the Attorney General's office with the | ||
law enforcement agency's full written report of the | ||
investigation of the crime for which an application for | ||
compensation has been filed. The law enforcement agency may | ||
redact the following from the report: names of confidential | ||
sources and informants; locations from which law enforcement | ||
conduct surveillance; and information related to issues of | ||
national security the law enforcement agency provided to or | ||
received from the United States Department of Homeland Security | ||
or another federal law enforcement agency. The Attorney | ||
General's office and a law enforcement agency may agree to the | ||
redaction of other information in the report or to the | ||
provision of necessary information in another format. Within 15 | ||
days of receipt of the request, a law enforcement agency shall | ||
respond to a written request from the Attorney General's office | ||
for additional information necessary to assist the Attorney | ||
General's office in making a recommendation for compensation. |
Records that are obtained by the Attorney General's office | ||
from a law enforcement agency under this Section for purposes | ||
of investigating an application for crime victim compensation | ||
shall not be disclosed to the public, including the applicant, | ||
by the Attorney General's office. The records, while in the | ||
possession of the Attorney General's office, shall be exempt | ||
from disclosure by the Attorney General's office under the | ||
Freedom of Information Act.
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
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