Public Act 90-0136 of the 90th General Assembly
Public Act 90-0136
SB506 Enrolled LRB9002792RCks
AN ACT to amend the Crime Victims Compensation Act by
changing Section 2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Crime Victims Compensation Act is amended
by changing Section 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 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, 9-2, 9-3, 10-1, 10-2, 11-11,
11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
12-4.3, 12-5, 12-13, 12-14, 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,
and if none of the said offenses occurred 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.
(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, (2) the parent of a child killed or
injured in this State as a result of a crime of violence
perpetrated or attempted against the 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
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 child who
personally witnessed a violent crime perpetrated or attempted
against a relative, 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 crimes law for which that Illinois resident is
eligible.
(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 death and shall include the child
of a victim born after his 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 an illegitimate child.
(h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of a medical examinations examination,
rehabilitation, medically required nursing care expenses,
appropriate psychiatric care or psychiatric counseling
expenses, expenses for care or counseling by a licensed
clinical psychologist or licensed clinical social worker and
expenses for treatment by Christian Science practitioners and
nursing care appropriate thereto; prosthetic appliances,
eyeglasses, and hearing aids 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; 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;
loss of earnings, loss of future earnings because of
disability resulting from the injury, and, in addition, in
the case of death, funeral and burial expenses to a maximum
of $3000 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 would have earned in available appropriate substitute work
he 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 the minor child
received pursuant to the judgment for the 6 months 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 permanently injured person
would have performed, not for income, but for the benefit of
himself or his family, if he had not been permanently
injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by 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 had not been fatally injured.
(Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96.)