Bill Text: IL HB5267 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Crime Victims Compensation Act. Provides that "crime of violence" includes: (i) posting identifying or graphic information on a pornographic Internet site or possessing graphic information with pornographic material; and (ii) non-consensual dissemination of private sexual images. Specifies that "pecuniary loss" means appropriate expenses (instead of expenses) for psychiatric care or counseling. Provides that a law enforcement agency within this State shall, within 15 days of receipt of a written request, 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. Provides that the law enforcement agency shall not redact any information from the report. Provides that 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 Bureau in making a recommendation for compensation. Provides that records that are obtained by the Attorney General's office shall not be disclosed to the public, including the applicant, by the Attorney General's office. Provides that the records, while in the possession of the Attorney General's office, are exempt from disclosure under the Freedom of Information Act. Makes a corresponding change in the Freedom of Information Act.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Enrolled) 2018-05-24 - Passed Both Houses [HB5267 Detail]

Download: Illinois-2017-HB5267-Enrolled.html



HB5267 EnrolledLRB100 18506 HEP 36185 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 100-512 and
8100-517)
9 Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12 (a) All information determined to be confidential
13 under Section 4002 of the Technology Advancement and
14 Development Act.
15 (b) Library circulation and order records identifying
16 library users with specific materials under the Library
17 Records Confidentiality Act.
18 (c) Applications, related documents, and medical
19 records received by the Experimental Organ Transplantation
20 Procedures Board and any and all documents or other records
21 prepared by the Experimental Organ Transplantation
22 Procedures Board or its staff relating to applications it
23 has received.

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1 (d) Information and records held by the Department of
2 Public Health and its authorized representatives relating
3 to known or suspected cases of sexually transmissible
4 disease or any information the disclosure of which is
5 restricted under the Illinois Sexually Transmissible
6 Disease Control Act.
7 (e) Information the disclosure of which is exempted
8 under Section 30 of the Radon Industry Licensing Act.
9 (f) Firm performance evaluations under Section 55 of
10 the Architectural, Engineering, and Land Surveying
11 Qualifications Based Selection Act.
12 (g) Information the disclosure of which is restricted
13 and exempted under Section 50 of the Illinois Prepaid
14 Tuition Act.
15 (h) Information the disclosure of which is exempted
16 under the State Officials and Employees Ethics Act, and
17 records of any lawfully created State or local inspector
18 general's office that would be exempt if created or
19 obtained by an Executive Inspector General's office under
20 that Act.
21 (i) Information contained in a local emergency energy
22 plan submitted to a municipality in accordance with a local
23 emergency energy plan ordinance that is adopted under
24 Section 11-21.5-5 of the Illinois Municipal Code.
25 (j) Information and data concerning the distribution
26 of surcharge moneys collected and remitted by carriers

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1 under the Emergency Telephone System Act.
2 (k) Law enforcement officer identification information
3 or driver identification information compiled by a law
4 enforcement agency or the Department of Transportation
5 under Section 11-212 of the Illinois Vehicle Code.
6 (l) Records and information provided to a residential
7 health care facility resident sexual assault and death
8 review team or the Executive Council under the Abuse
9 Prevention Review Team Act.
10 (m) Information provided to the predatory lending
11 database created pursuant to Article 3 of the Residential
12 Real Property Disclosure Act, except to the extent
13 authorized under that Article.
14 (n) Defense budgets and petitions for certification of
15 compensation and expenses for court appointed trial
16 counsel as provided under Sections 10 and 15 of the Capital
17 Crimes Litigation Act. This subsection (n) shall apply
18 until the conclusion of the trial of the case, even if the
19 prosecution chooses not to pursue the death penalty prior
20 to trial or sentencing.
21 (o) Information that is prohibited from being
22 disclosed under Section 4 of the Illinois Health and
23 Hazardous Substances Registry Act.
24 (p) Security portions of system safety program plans,
25 investigation reports, surveys, schedules, lists, data, or
26 information compiled, collected, or prepared by or for the

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1 Regional Transportation Authority under Section 2.11 of
2 the Regional Transportation Authority Act or the St. Clair
3 County Transit District under the Bi-State Transit Safety
4 Act.
5 (q) Information prohibited from being disclosed by the
6 Personnel Records Review Act.
7 (r) Information prohibited from being disclosed by the
8 Illinois School Student Records Act.
9 (s) Information the disclosure of which is restricted
10 under Section 5-108 of the Public Utilities Act.
11 (t) All identified or deidentified health information
12 in the form of health data or medical records contained in,
13 stored in, submitted to, transferred by, or released from
14 the Illinois Health Information Exchange, and identified
15 or deidentified health information in the form of health
16 data and medical records of the Illinois Health Information
17 Exchange in the possession of the Illinois Health
18 Information Exchange Authority due to its administration
19 of the Illinois Health Information Exchange. The terms
20 "identified" and "deidentified" shall be given the same
21 meaning as in the Health Insurance Portability and
22 Accountability Act of 1996, Public Law 104-191, or any
23 subsequent amendments thereto, and any regulations
24 promulgated thereunder.
25 (u) Records and information provided to an independent
26 team of experts under Brian's Law.

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1 (v) Names and information of people who have applied
2 for or received Firearm Owner's Identification Cards under
3 the Firearm Owners Identification Card Act or applied for
4 or received a concealed carry license under the Firearm
5 Concealed Carry Act, unless otherwise authorized by the
6 Firearm Concealed Carry Act; and databases under the
7 Firearm Concealed Carry Act, records of the Concealed Carry
8 Licensing Review Board under the Firearm Concealed Carry
9 Act, and law enforcement agency objections under the
10 Firearm Concealed Carry Act.
11 (w) Personally identifiable information which is
12 exempted from disclosure under subsection (g) of Section
13 19.1 of the Toll Highway Act.
14 (x) Information which is exempted from disclosure
15 under Section 5-1014.3 of the Counties Code or Section
16 8-11-21 of the Illinois Municipal Code.
17 (y) Confidential information under the Adult
18 Protective Services Act and its predecessor enabling
19 statute, the Elder Abuse and Neglect Act, including
20 information about the identity and administrative finding
21 against any caregiver of a verified and substantiated
22 decision of abuse, neglect, or financial exploitation of an
23 eligible adult maintained in the Registry established
24 under Section 7.5 of the Adult Protective Services Act.
25 (z) Records and information provided to a fatality
26 review team or the Illinois Fatality Review Team Advisory

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1 Council under Section 15 of the Adult Protective Services
2 Act.
3 (aa) Information which is exempted from disclosure
4 under Section 2.37 of the Wildlife Code.
5 (bb) Information which is or was prohibited from
6 disclosure by the Juvenile Court Act of 1987.
7 (cc) Recordings made under the Law Enforcement
8 Officer-Worn Body Camera Act, except to the extent
9 authorized under that Act.
10 (dd) Information that is prohibited from being
11 disclosed under Section 45 of the Condominium and Common
12 Interest Community Ombudsperson Act.
13 (ee) Information that is exempted from disclosure
14 under Section 30.1 of the Pharmacy Practice Act.
15 (ff) Information that is exempted from disclosure
16 under the Revised Uniform Unclaimed Property Act.
17 (gg) (ff) Information that is prohibited from being
18 disclosed under Section 7-603.5 of the Illinois Vehicle
19 Code.
20 (hh) (ff) Records that are exempt from disclosure under
21 Section 1A-16.7 of the Election Code.
22 (ii) (ff) Information which is exempted from
23 disclosure under Section 2505-800 of the Department of
24 Revenue Law of the Civil Administrative Code of Illinois.
25(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
26eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

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199-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
38-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
4 (Text of Section after amendment by P.A. 100-517 but before
5amendment by P.A. 100-512)
6 Sec. 7.5. Statutory exemptions. To the extent provided for
7by the statutes referenced below, the following shall be exempt
8from inspection and copying:
9 (a) All information determined to be confidential
10 under Section 4002 of the Technology Advancement and
11 Development Act.
12 (b) Library circulation and order records identifying
13 library users with specific materials under the Library
14 Records Confidentiality Act.
15 (c) Applications, related documents, and medical
16 records received by the Experimental Organ Transplantation
17 Procedures Board and any and all documents or other records
18 prepared by the Experimental Organ Transplantation
19 Procedures Board or its staff relating to applications it
20 has received.
21 (d) Information and records held by the Department of
22 Public Health and its authorized representatives relating
23 to known or suspected cases of sexually transmissible
24 disease or any information the disclosure of which is
25 restricted under the Illinois Sexually Transmissible

HB5267 Enrolled- 8 -LRB100 18506 HEP 36185 b
1 Disease Control Act.
2 (e) Information the disclosure of which is exempted
3 under Section 30 of the Radon Industry Licensing Act.
4 (f) Firm performance evaluations under Section 55 of
5 the Architectural, Engineering, and Land Surveying
6 Qualifications Based Selection Act.
7 (g) Information the disclosure of which is restricted
8 and exempted under Section 50 of the Illinois Prepaid
9 Tuition Act.
10 (h) Information the disclosure of which is exempted
11 under the State Officials and Employees Ethics Act, and
12 records of any lawfully created State or local inspector
13 general's office that would be exempt if created or
14 obtained by an Executive Inspector General's office under
15 that Act.
16 (i) Information contained in a local emergency energy
17 plan submitted to a municipality in accordance with a local
18 emergency energy plan ordinance that is adopted under
19 Section 11-21.5-5 of the Illinois Municipal Code.
20 (j) Information and data concerning the distribution
21 of surcharge moneys collected and remitted by carriers
22 under the Emergency Telephone System Act.
23 (k) Law enforcement officer identification information
24 or driver identification information compiled by a law
25 enforcement agency or the Department of Transportation
26 under Section 11-212 of the Illinois Vehicle Code.

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1 (l) Records and information provided to a residential
2 health care facility resident sexual assault and death
3 review team or the Executive Council under the Abuse
4 Prevention Review Team Act.
5 (m) Information provided to the predatory lending
6 database created pursuant to Article 3 of the Residential
7 Real Property Disclosure Act, except to the extent
8 authorized under that Article.
9 (n) Defense budgets and petitions for certification of
10 compensation and expenses for court appointed trial
11 counsel as provided under Sections 10 and 15 of the Capital
12 Crimes Litigation Act. This subsection (n) shall apply
13 until the conclusion of the trial of the case, even if the
14 prosecution chooses not to pursue the death penalty prior
15 to trial or sentencing.
16 (o) Information that is prohibited from being
17 disclosed under Section 4 of the Illinois Health and
18 Hazardous Substances Registry Act.
19 (p) Security portions of system safety program plans,
20 investigation reports, surveys, schedules, lists, data, or
21 information compiled, collected, or prepared by or for the
22 Regional Transportation Authority under Section 2.11 of
23 the Regional Transportation Authority Act or the St. Clair
24 County Transit District under the Bi-State Transit Safety
25 Act.
26 (q) Information prohibited from being disclosed by the

HB5267 Enrolled- 10 -LRB100 18506 HEP 36185 b
1 Personnel Records Review Act.
2 (r) Information prohibited from being disclosed by the
3 Illinois School Student Records Act.
4 (s) Information the disclosure of which is restricted
5 under Section 5-108 of the Public Utilities Act.
6 (t) All identified or deidentified health information
7 in the form of health data or medical records contained in,
8 stored in, submitted to, transferred by, or released from
9 the Illinois Health Information Exchange, and identified
10 or deidentified health information in the form of health
11 data and medical records of the Illinois Health Information
12 Exchange in the possession of the Illinois Health
13 Information Exchange Authority due to its administration
14 of the Illinois Health Information Exchange. The terms
15 "identified" and "deidentified" shall be given the same
16 meaning as in the Health Insurance Portability and
17 Accountability Act of 1996, Public Law 104-191, or any
18 subsequent amendments thereto, and any regulations
19 promulgated thereunder.
20 (u) Records and information provided to an independent
21 team of experts under Brian's Law.
22 (v) Names and information of people who have applied
23 for or received Firearm Owner's Identification Cards under
24 the Firearm Owners Identification Card Act or applied for
25 or received a concealed carry license under the Firearm
26 Concealed Carry Act, unless otherwise authorized by the

HB5267 Enrolled- 11 -LRB100 18506 HEP 36185 b
1 Firearm Concealed Carry Act; and databases under the
2 Firearm Concealed Carry Act, records of the Concealed Carry
3 Licensing Review Board under the Firearm Concealed Carry
4 Act, and law enforcement agency objections under the
5 Firearm Concealed Carry Act.
6 (w) Personally identifiable information which is
7 exempted from disclosure under subsection (g) of Section
8 19.1 of the Toll Highway Act.
9 (x) Information which is exempted from disclosure
10 under Section 5-1014.3 of the Counties Code or Section
11 8-11-21 of the Illinois Municipal Code.
12 (y) Confidential information under the Adult
13 Protective Services Act and its predecessor enabling
14 statute, the Elder Abuse and Neglect Act, including
15 information about the identity and administrative finding
16 against any caregiver of a verified and substantiated
17 decision of abuse, neglect, or financial exploitation of an
18 eligible adult maintained in the Registry established
19 under Section 7.5 of the Adult Protective Services Act.
20 (z) Records and information provided to a fatality
21 review team or the Illinois Fatality Review Team Advisory
22 Council under Section 15 of the Adult Protective Services
23 Act.
24 (aa) Information which is exempted from disclosure
25 under Section 2.37 of the Wildlife Code.
26 (bb) Information which is or was prohibited from

HB5267 Enrolled- 12 -LRB100 18506 HEP 36185 b
1 disclosure by the Juvenile Court Act of 1987.
2 (cc) Recordings made under the Law Enforcement
3 Officer-Worn Body Camera Act, except to the extent
4 authorized under that Act.
5 (dd) Information that is prohibited from being
6 disclosed under Section 45 of the Condominium and Common
7 Interest Community Ombudsperson Act.
8 (ee) Information that is exempted from disclosure
9 under Section 30.1 of the Pharmacy Practice Act.
10 (ff) Information that is exempted from disclosure
11 under the Revised Uniform Unclaimed Property Act.
12 (gg) (ff) Information that is prohibited from being
13 disclosed under Section 7-603.5 of the Illinois Vehicle
14 Code.
15 (hh) (ff) Records that are exempt from disclosure under
16 Section 1A-16.7 of the Election Code.
17 (ii) (ff) Information which is exempted from
18 disclosure under Section 2505-800 of the Department of
19 Revenue Law of the Civil Administrative Code of Illinois.
20 (jj) (ff) Information and reports that are required to
21 be submitted to the Department of Labor by registering day
22 and temporary labor service agencies but are exempt from
23 disclosure under subsection (a-1) of Section 45 of the Day
24 and Temporary Labor Services Act.
25(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
26eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

HB5267 Enrolled- 13 -LRB100 18506 HEP 36185 b
199-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
38-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
411-2-17.)
5 (Text of Section after amendment by P.A. 100-512)
6 Sec. 7.5. Statutory exemptions. To the extent provided for
7by the statutes referenced below, the following shall be exempt
8from inspection and copying:
9 (a) All information determined to be confidential
10 under Section 4002 of the Technology Advancement and
11 Development Act.
12 (b) Library circulation and order records identifying
13 library users with specific materials under the Library
14 Records Confidentiality Act.
15 (c) Applications, related documents, and medical
16 records received by the Experimental Organ Transplantation
17 Procedures Board and any and all documents or other records
18 prepared by the Experimental Organ Transplantation
19 Procedures Board or its staff relating to applications it
20 has received.
21 (d) Information and records held by the Department of
22 Public Health and its authorized representatives relating
23 to known or suspected cases of sexually transmissible
24 disease or any information the disclosure of which is
25 restricted under the Illinois Sexually Transmissible

HB5267 Enrolled- 14 -LRB100 18506 HEP 36185 b
1 Disease Control Act.
2 (e) Information the disclosure of which is exempted
3 under Section 30 of the Radon Industry Licensing Act.
4 (f) Firm performance evaluations under Section 55 of
5 the Architectural, Engineering, and Land Surveying
6 Qualifications Based Selection Act.
7 (g) Information the disclosure of which is restricted
8 and exempted under Section 50 of the Illinois Prepaid
9 Tuition Act.
10 (h) Information the disclosure of which is exempted
11 under the State Officials and Employees Ethics Act, and
12 records of any lawfully created State or local inspector
13 general's office that would be exempt if created or
14 obtained by an Executive Inspector General's office under
15 that Act.
16 (i) Information contained in a local emergency energy
17 plan submitted to a municipality in accordance with a local
18 emergency energy plan ordinance that is adopted under
19 Section 11-21.5-5 of the Illinois Municipal Code.
20 (j) Information and data concerning the distribution
21 of surcharge moneys collected and remitted by carriers
22 under the Emergency Telephone System Act.
23 (k) Law enforcement officer identification information
24 or driver identification information compiled by a law
25 enforcement agency or the Department of Transportation
26 under Section 11-212 of the Illinois Vehicle Code.

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1 (l) Records and information provided to a residential
2 health care facility resident sexual assault and death
3 review team or the Executive Council under the Abuse
4 Prevention Review Team Act.
5 (m) Information provided to the predatory lending
6 database created pursuant to Article 3 of the Residential
7 Real Property Disclosure Act, except to the extent
8 authorized under that Article.
9 (n) Defense budgets and petitions for certification of
10 compensation and expenses for court appointed trial
11 counsel as provided under Sections 10 and 15 of the Capital
12 Crimes Litigation Act. This subsection (n) shall apply
13 until the conclusion of the trial of the case, even if the
14 prosecution chooses not to pursue the death penalty prior
15 to trial or sentencing.
16 (o) Information that is prohibited from being
17 disclosed under Section 4 of the Illinois Health and
18 Hazardous Substances Registry Act.
19 (p) Security portions of system safety program plans,
20 investigation reports, surveys, schedules, lists, data, or
21 information compiled, collected, or prepared by or for the
22 Regional Transportation Authority under Section 2.11 of
23 the Regional Transportation Authority Act or the St. Clair
24 County Transit District under the Bi-State Transit Safety
25 Act.
26 (q) Information prohibited from being disclosed by the

HB5267 Enrolled- 16 -LRB100 18506 HEP 36185 b
1 Personnel Records Review Act.
2 (r) Information prohibited from being disclosed by the
3 Illinois School Student Records Act.
4 (s) Information the disclosure of which is restricted
5 under Section 5-108 of the Public Utilities Act.
6 (t) All identified or deidentified health information
7 in the form of health data or medical records contained in,
8 stored in, submitted to, transferred by, or released from
9 the Illinois Health Information Exchange, and identified
10 or deidentified health information in the form of health
11 data and medical records of the Illinois Health Information
12 Exchange in the possession of the Illinois Health
13 Information Exchange Authority due to its administration
14 of the Illinois Health Information Exchange. The terms
15 "identified" and "deidentified" shall be given the same
16 meaning as in the Health Insurance Portability and
17 Accountability Act of 1996, Public Law 104-191, or any
18 subsequent amendments thereto, and any regulations
19 promulgated thereunder.
20 (u) Records and information provided to an independent
21 team of experts under Brian's Law.
22 (v) Names and information of people who have applied
23 for or received Firearm Owner's Identification Cards under
24 the Firearm Owners Identification Card Act or applied for
25 or received a concealed carry license under the Firearm
26 Concealed Carry Act, unless otherwise authorized by the

HB5267 Enrolled- 17 -LRB100 18506 HEP 36185 b
1 Firearm Concealed Carry Act; and databases under the
2 Firearm Concealed Carry Act, records of the Concealed Carry
3 Licensing Review Board under the Firearm Concealed Carry
4 Act, and law enforcement agency objections under the
5 Firearm Concealed Carry Act.
6 (w) Personally identifiable information which is
7 exempted from disclosure under subsection (g) of Section
8 19.1 of the Toll Highway Act.
9 (x) Information which is exempted from disclosure
10 under Section 5-1014.3 of the Counties Code or Section
11 8-11-21 of the Illinois Municipal Code.
12 (y) Confidential information under the Adult
13 Protective Services Act and its predecessor enabling
14 statute, the Elder Abuse and Neglect Act, including
15 information about the identity and administrative finding
16 against any caregiver of a verified and substantiated
17 decision of abuse, neglect, or financial exploitation of an
18 eligible adult maintained in the Registry established
19 under Section 7.5 of the Adult Protective Services Act.
20 (z) Records and information provided to a fatality
21 review team or the Illinois Fatality Review Team Advisory
22 Council under Section 15 of the Adult Protective Services
23 Act.
24 (aa) Information which is exempted from disclosure
25 under Section 2.37 of the Wildlife Code.
26 (bb) Information which is or was prohibited from

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1 disclosure by the Juvenile Court Act of 1987.
2 (cc) Recordings made under the Law Enforcement
3 Officer-Worn Body Camera Act, except to the extent
4 authorized under that Act.
5 (dd) Information that is prohibited from being
6 disclosed under Section 45 of the Condominium and Common
7 Interest Community Ombudsperson Act.
8 (ee) Information that is exempted from disclosure
9 under Section 30.1 of the Pharmacy Practice Act.
10 (ff) Information that is exempted from disclosure
11 under the Revised Uniform Unclaimed Property Act.
12 (gg) (ff) Information that is prohibited from being
13 disclosed under Section 7-603.5 of the Illinois Vehicle
14 Code.
15 (hh) (ff) Records that are exempt from disclosure under
16 Section 1A-16.7 of the Election Code.
17 (ii) (ff) Information which is exempted from
18 disclosure under Section 2505-800 of the Department of
19 Revenue Law of the Civil Administrative Code of Illinois.
20 (jj) (ff) Information and reports that are required to
21 be submitted to the Department of Labor by registering day
22 and temporary labor service agencies but are exempt from
23 disclosure under subsection (a-1) of Section 45 of the Day
24 and Temporary Labor Services Act.
25 (kk) (ff) Information prohibited from disclosure under
26 the Seizure and Forfeiture Reporting Act.

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1 (ll) Records that are exempt from disclosure under
2 Section 4.2 of the Crime Victims Compensation Act.
3(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
4eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
599-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
6100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
78-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
8eff. 6-1-18; revised 11-2-17.)
9 Section 10. The Crime Victims Compensation Act is amended
10by changing Section 2 and by adding Section 4.2 as follows:
11 (740 ILCS 45/2) (from Ch. 70, par. 72)
12 Sec. 2. Definitions. As used in this Act, unless the
13context otherwise requires:
14 (a) "Applicant" means any person who applies for
15compensation under this Act or any person the Court of Claims
16finds is entitled to compensation, including the guardian of a
17minor or of a person under legal disability. It includes any
18person who was a dependent of a deceased victim of a crime of
19violence for his or her support at the time of the death of
20that victim.
21 (b) "Court of Claims" means the Court of Claims created by
22the Court of Claims Act.
23 (c) "Crime of violence" means and includes any offense
24defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,

HB5267 Enrolled- 20 -LRB100 18506 HEP 36185 b
110-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
211-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
312-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1,
412-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
512-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or
6Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
7subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
81961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
9the Cemetery Protection Act, Section 125 of the Stalking No
10Contact Order Act, Section 219 of the Civil No Contact Order
11Act, driving under the influence as defined in Section 11-501
12of the Illinois Vehicle Code, a violation of Section 11-401 of
13the Illinois Vehicle Code, provided the victim was a pedestrian
14or was operating a vehicle moved solely by human power or a
15mobility device at the time of contact, and a violation of
16Section 11-204.1 of the Illinois Vehicle Code; so long as the
17offense did not occur during a civil riot, insurrection or
18rebellion. "Crime of violence" does not include any other
19offense or accident involving a motor vehicle except those
20vehicle offenses specifically provided for in this paragraph.
21"Crime of violence" does include all of the offenses
22specifically provided for in this paragraph that occur within
23this State but are subject to federal jurisdiction and crimes
24involving terrorism as defined in 18 U.S.C. 2331.
25 (d) "Victim" means (1) a person killed or injured in this
26State as a result of a crime of violence perpetrated or

HB5267 Enrolled- 21 -LRB100 18506 HEP 36185 b
1attempted against him or her, (2) the spouse or parent of a
2person killed or injured in this State as a result of a crime
3of violence perpetrated or attempted against the person, (3) a
4person killed or injured in this State while attempting to
5assist a person against whom a crime of violence is being
6perpetrated or attempted, if that attempt of assistance would
7be expected of a reasonable person under the circumstances, (4)
8a person killed or injured in this State while assisting a law
9enforcement official apprehend a person who has perpetrated a
10crime of violence or prevent the perpetration of any such crime
11if that assistance was in response to the express request of
12the law enforcement official, (5) a person who personally
13witnessed a violent crime, (5.05) a person who will be called
14as a witness by the prosecution to establish a necessary nexus
15between the offender and the violent crime, (5.1) solely for
16the purpose of compensating for pecuniary loss incurred for
17psychological treatment of a mental or emotional condition
18caused or aggravated by the crime, any other person under the
19age of 18 who is the brother, sister, half brother, half
20sister, child, or stepchild of a person killed or injured in
21this State as a result of a crime of violence, (6) an Illinois
22resident who is a victim of a "crime of violence" as defined in
23this Act except, if the crime occurred outside this State, the
24resident has the same rights under this Act as if the crime had
25occurred in this State upon a showing that the state,
26territory, country, or political subdivision of a country in

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1which the crime occurred does not have a compensation of
2victims of crimes law for which that Illinois resident is
3eligible, (7) a deceased person whose body is dismembered or
4whose remains are desecrated as the result of a crime of
5violence, or (8) solely for the purpose of compensating for
6pecuniary loss incurred for psychological treatment of a mental
7or emotional condition caused or aggravated by the crime, any
8parent, spouse, or child under the age of 18 of a deceased
9person whose body is dismembered or whose remains are
10desecrated as the result of a crime of violence.
11 (e) "Dependent" means a relative of a deceased victim who
12was wholly or partially dependent upon the victim's income at
13the time of his or her death and shall include the child of a
14victim born after his or her death.
15 (f) "Relative" means a spouse, parent, grandparent,
16stepfather, stepmother, child, grandchild, brother,
17brother-in-law, sister, sister-in-law, half brother, half
18sister, spouse's parent, nephew, niece, uncle or aunt.
19 (g) "Child" means an unmarried son or daughter who is under
2018 years of age and includes a stepchild, an adopted child or a
21child born out of wedlock.
22 (h) "Pecuniary loss" means, in the case of injury,
23appropriate medical expenses and hospital expenses including
24expenses of medical examinations, rehabilitation, medically
25required nursing care expenses, appropriate psychiatric care
26or psychiatric counseling expenses, appropriate expenses for

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1care or counseling by a licensed clinical psychologist,
2licensed clinical social worker, licensed professional
3counselor, or licensed clinical professional counselor and
4expenses for treatment by Christian Science practitioners and
5nursing care appropriate thereto; transportation expenses to
6and from medical and counseling treatment facilities;
7prosthetic appliances, eyeglasses, and hearing aids necessary
8or damaged as a result of the crime; costs associated with
9trafficking tattoo removal by a person authorized or licensed
10to perform the specific removal procedure; replacement costs
11for clothing and bedding used as evidence; costs associated
12with temporary lodging or relocation necessary as a result of
13the crime, including, but not limited to, the first month's
14rent and security deposit of the dwelling that the claimant
15relocated to and other reasonable relocation expenses incurred
16as a result of the violent crime; locks or windows necessary or
17damaged as a result of the crime; the purchase, lease, or
18rental of equipment necessary to create usability of and
19accessibility to the victim's real and personal property, or
20the real and personal property which is used by the victim,
21necessary as a result of the crime; the costs of appropriate
22crime scene clean-up; replacement services loss, to a maximum
23of $1,250 per month; dependents replacement services loss, to a
24maximum of $1,250 per month; loss of tuition paid to attend
25grammar school or high school when the victim had been enrolled
26as a student prior to the injury, or college or graduate school

HB5267 Enrolled- 24 -LRB100 18506 HEP 36185 b
1when the victim had been enrolled as a day or night student
2prior to the injury when the victim becomes unable to continue
3attendance at school as a result of the crime of violence
4perpetrated against him or her; loss of earnings, loss of
5future earnings because of disability resulting from the
6injury, and, in addition, in the case of death, expenses for
7funeral, burial, and travel and transport for survivors of
8homicide victims to secure bodies of deceased victims and to
9transport bodies for burial all of which may not exceed a
10maximum of $7,500 and loss of support of the dependents of the
11victim; in the case of dismemberment or desecration of a body,
12expenses for funeral and burial, all of which may not exceed a
13maximum of $7,500. Loss of future earnings shall be reduced by
14any income from substitute work actually performed by the
15victim or by income he or she would have earned in available
16appropriate substitute work he or she was capable of performing
17but unreasonably failed to undertake. Loss of earnings, loss of
18future earnings and loss of support shall be determined on the
19basis of the victim's average net monthly earnings for the 6
20months immediately preceding the date of the injury or on
21$1,250 per month, whichever is less or, in cases where the
22absences commenced more than 3 years from the date of the
23crime, on the basis of the net monthly earnings for the 6
24months immediately preceding the date of the first absence, not
25to exceed $1,250 per month. If a divorced or legally separated
26applicant is claiming loss of support for a minor child of the

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1deceased, the amount of support for each child shall be based
2either on the amount of support pursuant to the judgment prior
3to the date of the deceased victim's injury or death, or, if
4the subject of pending litigation filed by or on behalf of the
5divorced or legally separated applicant prior to the injury or
6death, on the result of that litigation. Real and personal
7property includes, but is not limited to, vehicles, houses,
8apartments, town houses, or condominiums. Pecuniary loss does
9not include pain and suffering or property loss or damage.
10 (i) "Replacement services loss" means expenses reasonably
11incurred in obtaining ordinary and necessary services in lieu
12of those the injured person would have performed, not for
13income, but for the benefit of himself or herself or his or her
14family, if he or she had not been injured.
15 (j) "Dependents replacement services loss" means loss
16reasonably incurred by dependents or private legal guardians of
17minor dependents after a victim's death in obtaining ordinary
18and necessary services in lieu of those the victim would have
19performed, not for income, but for their benefit, if he or she
20had not been fatally injured.
21 (k) "Survivor" means immediate family including a parent,
22step-father, step-mother, child, brother, sister, or spouse.
23 (l) "Parent" means a natural parent, adopted parent,
24step-parent, or permanent legal guardian of another person.
25 (m) "Trafficking tattoo" is a tattoo which is applied to a
26victim in connection with the commission of a violation of

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1Section 10-9 of the Criminal Code of 2012.
2(Source: P.A. 98-435, eff. 1-1-14; 99-671, eff. 1-1-17.)
3 (740 ILCS 45/4.2 new)
4 Sec. 4.2. Cooperation in review of crime victims
5compensation applications. A law enforcement agency in this
6State shall, within 15 days of receipt of a written request for
7a police report made to verify that the requirements of a crime
8victims compensation application under Section 6.1 of this Act
9have been met, provide the Attorney General's office with the
10law enforcement agency's full written report of the
11investigation of the crime for which an application for
12compensation has been filed. The law enforcement agency may
13redact the following from the report: names of confidential
14sources and informants; locations from which law enforcement
15conduct surveillance; and information related to issues of
16national security the law enforcement agency provided to or
17received from the United States Department of Homeland Security
18or another federal law enforcement agency. The Attorney
19General's office and a law enforcement agency may agree to the
20redaction of other information in the report or to the
21provision of necessary information in another format. Within 15
22days of receipt of the request, a law enforcement agency shall
23respond to a written request from the Attorney General's office
24for additional information necessary to assist the Attorney
25General's office in making a recommendation for compensation.

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1 Records that are obtained by the Attorney General's office
2from a law enforcement agency under this Section for purposes
3of investigating an application for crime victim compensation
4shall not be disclosed to the public, including the applicant,
5by the Attorney General's office. The records, while in the
6possession of the Attorney General's office, shall be exempt
7from disclosure by the Attorney General's office under the
8Freedom of Information Act.
9 Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
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