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Public Act 91-0892
HB4097 Enrolled LRB9111811OBmg
AN ACT to amend the Crime Victims Compensation Act by
changing Section 2 and adding Section 2.5.
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 and adding Section 2.5 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, 9-2, 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, 12-13, 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, 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 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 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 person
under the age of 18 who personally witnessed a violent crime
perpetrated or attempted against a relative, (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, or child, or stepchild of a person killed or injured
in this State as a 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 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 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 an illegitimate child.
(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
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 or her; 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 $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 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 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 herself or his or her family, if he or she 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 or she had not been fatally injured.
(Source: P.A. 90-136, eff. 1-1-98; 90-492, eff. 8-17-97;
90-655, eff. 7-30-98; 90-708, eff. 8-7-98; 91-258, eff.
1-1-00; 91-445, eff. 1-1-00; revised 10-14-99.)
(740 ILCS 45/2.5 new)
Sec. 2.5. Felon as victim. Notwithstanding paragraph
(d) of Section 2, "victim" does not include a person who is
convicted of a felony until that person is discharged from
probation or is released from a correctional institution and
has been discharged from parole or mandatory supervised
release, if any. No compensation may be granted to an
applicant under this Act during a period of time that the
applicant is held in a correctional institution.
A victim who has been convicted of a felony may apply for
assistance under this Act at any time but no award of
compensation may be considered until the applicant meets the
requirements of this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.
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