|
(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.
|
