Bill Text: IL HB1100 | 2021-2022 | 102nd General Assembly | Engrossed

---

Bill Title: Amends the Illinois Criminal Justice Information Act. Provides that subject to appropriation, the Illinois Criminal Justice Information Authority shall establish a program by which grants are administered for the purpose of preventing predatory vehicular hijacking. Provides that the Authority shall determine eligible recipients for the grants. Provides that grants shall be made of money appropriated from the General Revenue Fund to eligible recipients to provide street-level intervention services for at-risk youth in danger of being recruited for the purpose of predatory vehicular hijacking. Provides that the Authority shall adopt rules to determine eligibility standards for grants. Amends the Illinois Motor Vehicle Theft Prevention and Insurance Verification Act. Changes the short title of the Act to the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act. Specifies that it is the purpose of the Act to, among other things, reduce vehicle hijacking, to improve and support vehicle hijacking law enforcement, and to support the prosecution and administration of vehicle hijacking laws. Changes the name of the Illinois Motor Vehicle Theft Prevention and Insurance Verification Council to the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Council. Provides that the Council is responsible for providing grants and financial support to assist in the identification, apprehension, and prosecution of hijackers, and the recovery of hijacked and stolen motor vehicles. Authorizes the Council to assess the scope of the vehicle hijacking problem. Provides that the Council is responsible for developing and sponsoring the implementation of plans and strategies for combating vehicle hijacking, and to improve the administration of vehicle hijacking laws. Changes the name of the Motor Vehicle Theft prevention and Insurance Verification Trust Fund to the Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Trust Fund. Provides that money in the Trust Fund may be used to provide financial support for law enforcement, prosecutors, and the judiciary for programs designed to reduce vehicle hijacking. Renames the State Police Motor Vehicle Theft Prevention Trust Fund to the Vehicle Hijacking and Motor Vehicle Theft Prevention Trust Fund. Repeals a provision that repeals specific Sections of the Act on January 1, 2025. Makes corresponding changes in various Acts. Amends the Criminal Code of 2012. Creates the offense of predatory vehicular hijacking, a Class 1 felony. Repeals the offense on January 1, 2026. Amends the Crime Victims Compensation Act. Provides that "pecuniary loss" includes expenses incurred for the towing a victim's vehicle in connection with a crime of violence.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Engrossed - Dead) 2022-04-07 - Added Co-Sponsor Rep. Camille Y. Lilly [HB1100 Detail]

Download: Illinois-2021-HB1100-Engrossed.html

---

HB1100 Engrossed LRB102 03114 RLC 13127 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the
Intergovernmental Vehicular Hijacking Enforcement Act.
Section 5. The Illinois Criminal Justice Information Act
is amended by adding Section 7.10 as follows:
(20 ILCS 3930/7.10 new)
Sec. 7.10. Grants to prevent predatory vehicular
hijacking. Subject to appropriation, the Authority shall
establish a program by which grants are administered for the
purpose of preventing predatory vehicular hijacking. The
Authority shall determine eligible recipients for the grants.
Grants shall be made of money appropriated from the General
Revenue Fund to eligible recipients to provide street-level
intervention services for at-risk youth in danger of being
recruited for the purpose of predatory vehicular hijacking.
Funding appropriated for this program may be used for
administrative costs. The Authority shall adopt rules to
determine eligibility standards for grants under this Section.
Section 10. The Illinois Motor Vehicle Theft Prevention

HB1100 Engrossed - 2 - LRB102 03114 RLC 13127 b
and Insurance Verification Act is amended by changing Sections
1, 2, 3, 4, 7, 8, and 8.5 as follows:
(20 ILCS 4005/1) (from Ch. 95 1/2, par. 1301)
(Section scheduled to be repealed on January 1, 2025)
Sec. 1. This Act shall be known as the Illinois Vehicle
Hijacking and Motor Vehicle Theft Prevention and Insurance
Verification Act.
(Source: P.A. 100-373, eff. 1-1-18.)
(20 ILCS 4005/2) (from Ch. 95 1/2, par. 1302)
(Section scheduled to be repealed on January 1, 2025)
Sec. 2. The purpose of this Act is to prevent, combat and
reduce vehicle hijacking and related violent crime as well as
motor vehicle theft in Illinois; to improve and support
vehicle hijacking and motor vehicle theft law enforcement,
prosecution and administration of vehicle hijacking and motor
vehicle theft and insurance verification laws by establishing
statewide planning capabilities for and coordination of
financial resources.
(Source: P.A. 100-373, eff. 1-1-18.)
(20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
(Section scheduled to be repealed on January 1, 2025)
Sec. 3. As used in this Act:
(a) (Blank).

HB1100 Engrossed - 3 - LRB102 03114 RLC 13127 b
(b) "Council" means the Illinois Vehicle Hijacking and
Motor Vehicle Theft Prevention and Insurance Verification
Council.
(b-2) "Director" means the Director of the Secretary of
State Department of Police.
(b-5) "Police" means the Secretary of State Department of
Police.
(b-7) "Secretary" means the Secretary of State.
(c) "Trust Fund" means the Vehicle Hijacking and Motor
Vehicle Theft Prevention and Insurance Verification Trust
Fund.
(Source: P.A. 100-373, eff. 1-1-18.)
(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
(Section scheduled to be repealed on January 1, 2025)
Sec. 4. There is hereby created an Illinois Vehicle
Hijacking and Motor Vehicle Theft Prevention and Insurance
Verification Council, which shall exercise its powers, duties
and responsibilities. There shall be 11 members of the Council
consisting of the Secretary of State or his designee, the
Director of the Illinois State Police, the State's Attorney of
Cook County, the Superintendent of the Chicago Police
Department, and the following 7 additional members, each of
whom shall be appointed by the Secretary of State: a state's
attorney of a county other than Cook, a chief executive law
enforcement official from a jurisdiction other than the City

HB1100 Engrossed - 4 - LRB102 03114 RLC 13127 b
of Chicago, 5 representatives of insurers authorized to write
motor vehicle insurance in this State, all of whom shall be
domiciled in this State.
The Director shall be the Chairman of the Council. All
members of the Council appointed by the Secretary shall serve
at the discretion of the Secretary for a term not to exceed 4
years. The Council shall meet at least quarterly.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 4005/7) (from Ch. 95 1/2, par. 1307)
(Section scheduled to be repealed on January 1, 2025)
Sec. 7. The Council shall have the following powers,
duties and responsibilities:
(a) To apply for, solicit, receive, establish
priorities for, allocate, disburse, contract for, and
spend funds that are made available to the Council from
any source to effectuate the purposes of this Act.
(b) To make grants and to provide financial support
for federal and State agencies, units of local government,
corporations, and neighborhood, community and business
organizations to effectuate the purposes of this Act, to
deter, and investigate, and prosecute recyclable metal
theft, and for to law enforcement agencies to assist in
the identification, apprehension, and prosecution of
vehicle hijackers and the recovery of stolen motor
vehicles recyclable metal theft.

HB1100 Engrossed - 5 - LRB102 03114 RLC 13127 b
(c) To assess the scope of the problem of vehicle
hijacking and motor vehicle theft, including particular
areas of the State where the problem is greatest and to
conduct impact analyses of State and local criminal
justice policies, programs, plans and methods for
combating the problem.
(d) To develop and sponsor the implementation of
statewide plans and strategies to combat vehicle hijacking
and motor vehicle theft and to improve the administration
of vehicle hijacking and the motor vehicle theft laws and
provide an effective forum for identification of critical
problems associated with vehicle hijacking and motor
vehicle theft.
(e) To coordinate the development, adoption and
implementation of plans and strategies relating to
interagency or intergovernmental cooperation with respect
to vehicle hijacking and motor vehicle theft law
enforcement.
(f) To adopt rules or regulations necessary to ensure
that appropriate agencies, units of government, private
organizations and combinations thereof are included in the
development and implementation of strategies or plans
adopted pursuant to this Act and to adopt rules or
regulations as may otherwise be necessary to effectuate
the purposes of this Act.
(g) To report annually, on or before January 1, 2019

HB1100 Engrossed - 6 - LRB102 03114 RLC 13127 b
to the Governor, General Assembly, and, upon request, to
members of the general public on the Council's activities
in the preceding year.
(h) To exercise any other powers that are reasonable,
necessary or convenient to fulfill its responsibilities,
to carry out and to effectuate the objectives and purposes
of the Council and the provisions of this Act, and to
comply with the requirements of applicable federal or
State laws, rules, or regulations; provided, however, that
these powers shall not include the power to subpoena or
arrest.
(i) To provide funding to the Secretary for the
creation, implementation, and maintenance of an electronic
motor vehicle liability insurance policy verification
program.
(Source: P.A. 100-373, eff. 1-1-18.)
(20 ILCS 4005/8) (from Ch. 95 1/2, par. 1308)
(Section scheduled to be repealed on January 1, 2025)
Sec. 8. (a) A special fund is created in the State Treasury
known as the Vehicle Hijacking and Motor Vehicle Theft
Prevention and Insurance Verification Trust Fund, which shall
be administered by the Secretary at the direction of the
Council. All interest earned from the investment or deposit of
monies accumulated in the Trust Fund shall, pursuant to
Section 4.1 of the State Finance Act, be deposited in the Trust

HB1100 Engrossed - 7 - LRB102 03114 RLC 13127 b
Fund.
(b) Money deposited in this Trust Fund shall not be
considered general revenue of the State of Illinois.
(c) Money deposited in the Trust Fund shall be used only to
enhance efforts to effectuate the purposes of this Act as
determined by the Council and shall not be appropriated,
loaned or in any manner transferred to the General Revenue
Fund of the State of Illinois.
(d) Prior to April 1, 1991, and prior to April 1 of each
year thereafter, each insurer engaged in writing private
passenger motor vehicle insurance coverages which are included
in Class 2 and Class 3 of Section 4 of the Illinois Insurance
Code, as a condition of its authority to transact business in
this State, may collect and shall pay into the Trust Fund an
amount equal to $1.00, or a lesser amount determined by the
Council, multiplied by the insurer's total earned car years of
private passenger motor vehicle insurance policies providing
physical damage insurance coverage written in this State
during the preceding calendar year.
(e) Money in the Trust Fund shall be expended as follows:
(1) To pay the Secretary's costs to administer the
Council and the Trust Fund, but for this purpose in an
amount not to exceed 10% in any one fiscal year of the
amount collected pursuant to paragraph (d) of this Section
in that same fiscal year.
(2) To achieve the purposes and objectives of this

HB1100 Engrossed - 8 - LRB102 03114 RLC 13127 b
Act, which may include, but not be limited to, the
following:
(A) To provide financial support to law
enforcement and correctional agencies, prosecutors,
and the judiciary for programs designed to reduce
vehicle hijacking and motor vehicle theft and to
improve the administration of motor vehicle theft
laws.
(B) To provide financial support for federal and
State agencies, units of local government,
corporations and neighborhood, community or business
organizations for programs designed to reduce motor
vehicle theft and to improve the administration of
vehicle hijacking and motor vehicle theft laws.
(C) To provide financial support to conduct
programs designed to inform owners of motor vehicles
about the financial and social costs of vehicle
hijacking, interstate shootings, and motor vehicle
theft and to suggest to those owners methods for
preventing motor vehicle theft.
(D) To provide financial support for plans,
programs and projects designed to achieve the purposes
of this Act.
(3) To provide funding to the Secretary's Vehicle
Services Department for the creation, implementation, and
maintenance of an electronic motor vehicle liability

HB1100 Engrossed - 9 - LRB102 03114 RLC 13127 b
insurance policy verification program by allocating no
more than 75% of each dollar collected for the first
calendar year after the effective date of this amendatory
Act of the 100th General Assembly and no more than 50% of
each dollar collected for every other year after the first
calendar year. The Secretary shall distribute the funds to
the Vehicle Services Department at the beginning of each
calendar year.
(f) Insurers contributing to the Trust Fund shall have a
property interest in the unexpended money in the Trust Fund,
which property interest shall not be retroactively changed or
extinguished by the General Assembly.
(g) In the event the Trust Fund were to be discontinued or
the Council were to be dissolved by act of the General Assembly
or by operation of law, then, notwithstanding the provisions
of Section 5 of the State Finance Act, any balance remaining
therein shall be returned to the insurers writing private
passenger motor vehicle insurance in proportion to their
financial contributions to the Trust Fund and any assets of
the Council shall be liquidated and returned in the same
manner after deduction of administrative costs.
(Source: P.A. 100-373, eff. 1-1-18.)
(20 ILCS 4005/8.5)
(Section scheduled to be repealed on January 1, 2025)
Sec. 8.5. State Police Vehicle Hijacking and Motor Vehicle

HB1100 Engrossed - 10 - LRB102 03114 RLC 13127 b
Theft Prevention Trust Fund. The State Police Vehicle
Hijacking and Motor Vehicle Theft Prevention Trust Fund is
created as a trust fund in the State treasury. The State
Treasurer shall be the custodian of the Trust Fund. The Trust
Fund is established to receive funds from the Illinois Vehicle
Hijacking and Motor Vehicle Theft Prevention and Insurance
Verification Council. All interest earned from the investment
or deposit of moneys accumulated in the Trust Fund shall be
deposited into the Trust Fund. Moneys in the Trust Fund shall
be used by the Illinois State Police for motor vehicle theft
prevention purposes.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 4005/12 rep.)
Section 15. The Illinois Motor Vehicle Theft Prevention
and Insurance Verification Act is amended by repealing Section
12.
Section 20. The State Finance Act is amended by changing
Sections 5, 5.295, 6z-125, and 6z-126 as follows:
(30 ILCS 105/5) (from Ch. 127, par. 141)
Sec. 5. Special funds.
(a) There are special funds in the State Treasury
designated as specified in the Sections which succeed this
Section 5 and precede Section 6.

HB1100 Engrossed - 11 - LRB102 03114 RLC 13127 b
(b) Except as provided in the Illinois Vehicle Hijacking
and Motor Vehicle Theft Prevention and Insurance Verification
Act, when any special fund in the State Treasury is
discontinued by an Act of the General Assembly, any balance
remaining therein on the effective date of such Act shall be
transferred to the General Revenue Fund, or to such other fund
as such Act shall provide. Warrants outstanding against such
discontinued fund at the time of the transfer of any such
balance therein shall be paid out of the fund to which the
transfer was made.
(c) When any special fund in the State Treasury has been
inactive for 18 months or longer, the fund is automatically
terminated by operation of law and the balance remaining in
such fund shall be transferred by the Comptroller to the
General Revenue Fund. When a special fund has been terminated
by operation of law as provided in this Section, the General
Assembly shall repeal or amend all Sections of the statutes
creating or otherwise referring to that fund.
The Comptroller shall be allowed the discretion to
maintain or dissolve any federal trust fund which has been
inactive for 18 months or longer.
(d) (Blank).
(e) (Blank).
(Source: P.A. 100-373, eff. 1-1-18.)
(30 ILCS 105/5.295) (from Ch. 127, par. 141.295)

HB1100 Engrossed - 12 - LRB102 03114 RLC 13127 b
Sec. 5.295. The Vehicle Hijacking and Motor Vehicle Theft
Prevention and Insurance Verification Trust Fund.
(Source: P.A. 100-373, eff. 1-1-18.)
(30 ILCS 105/6z-125)
Sec. 6z-125. State Police Training and Academy Fund. The
State Police Training and Academy Fund is hereby created as a
special fund in the State treasury. Moneys in the Fund shall
consist of: (i) 10% of the revenue from increasing the
insurance producer license fees, as provided under subsection
(a-5) of Section 500-135 of the Illinois Insurance Code; and
(ii) 10% of the moneys collected from auto insurance policy
fees under Section 8.6 of the Illinois Vehicle Hijacking and
Motor Vehicle Theft Prevention and Insurance Verification Act.
This Fund shall be used by the Illinois State Police to fund
training and other State Police institutions, including, but
not limited to, forensic laboratories.
(Source: P.A. 102-16, eff. 6-17-21.)
(30 ILCS 105/6z-126)
Sec. 6z-126. Law Enforcement Training Fund. The Law
Enforcement Training Fund is hereby created as a special fund
in the State treasury. Moneys in the Fund shall consist of: (i)
90% of the revenue from increasing the insurance producer
license fees, as provided under subsection (a-5) of Section
500-135 of the Illinois Insurance Code; and (ii) 90% of the

HB1100 Engrossed - 13 - LRB102 03114 RLC 13127 b
moneys collected from auto insurance policy fees under Section
8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
Prevention and Insurance Verification Act. This Fund shall be
used by the Illinois Law Enforcement Training and Standards
Board to fund law enforcement certification compliance and the
development and provision of basic courses by Board-approved
academics, and in-service courses by approved academies.
(Source: P.A. 102-16, eff. 6-17-21.)
Section 25. The Illinois Vehicle Code is amended by
changing Section 4-109 as follows:
(625 ILCS 5/4-109)
Sec. 4-109. Motor Vehicle Theft Prevention Program. The
Secretary of State, in conjunction with the Motor Vehicle
Theft Prevention and Insurance Verification Council, is hereby
authorized to establish and operate a Motor Vehicle Theft
Prevention Program as follows:
(a) Voluntary program participation.
(b) The registered owner of a motor vehicle interested in
participating in the program shall sign an informed consent
agreement designed by the Secretary of State under subsection
(e) of this Section indicating that the motor vehicle
registered to him is not normally operated between the hours
of 1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
submitted to the Secretary of State for processing.

HB1100 Engrossed - 14 - LRB102 03114 RLC 13127 b
(c) Upon processing the form, the Secretary of State shall
issue to the registered owner a decal. The registered owner
shall affix the decal in a conspicuous place on his motor
vehicle as prescribed by the Secretary of State.
(d) Whenever any law enforcement officer shall see a motor
vehicle displaying a decal issued under the provisions of
subsection (c) of this Section being operated upon the public
highways of this State between the hours of 1:00 a.m. and 5:00
a.m., the officer is authorized to stop that motor vehicle and
to request the driver to produce a valid driver's license and
motor vehicle registration card if required to be carried in
the vehicle. Whenever the operator of a motor vehicle
displaying a decal is unable to produce the documentation set
forth in this Section, the police officer shall investigate
further to determine if the person operating the motor vehicle
is the registered owner or has the authorization of the owner
to operate the vehicle.
(e) The Secretary of State, in consultation with the
Director of the Illinois State Police and Motor Vehicle Theft
Prevention and Insurance Verification Council, shall design
the manner and form of the informed consent agreement required
under subsection (b) of this Section and the decal required
under subsection (c) of this Section.
(f) The Secretary of State shall provide for the recording
of registered owners of motor vehicles who participate in the
program. The records shall be available to all law enforcement

HB1100 Engrossed - 15 - LRB102 03114 RLC 13127 b
departments, agencies, and forces. The Secretary of State
shall cooperate with and assist all law enforcement officers
and other agencies in tracing or examining any questionable
motor vehicles in order to determine the ownership of the
motor vehicles.
(g) A fee not to exceed $10 may be charged for the informed
consent form and decal provided under this Section. The fee,
if any, shall be set by the Motor Vehicle Theft Prevention and
Insurance Verification Council and shall be collected by the
Secretary of State and deposited into the Vehicle Hijacking
and Motor Vehicle Theft Prevention and Insurance Verification
Trust Fund.
(h) The Secretary of State, in consultation with the
Director of the Illinois State Police and the Motor Vehicle
Theft Prevention and Insurance Verification Council shall
promulgate rules and regulations to effectuate the purposes of
this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 30. The Criminal Code of 2012 is amended by adding
Section 12C-36 as follows:
(720 ILCS 5/12C-36 new)
Sec. 12C-36. Predatory vehicular hijacking.
(a) A person commits predatory vehicular hijacking when
that person is 18 years of age or over and he or she knowingly

HB1100 Engrossed - 16 - LRB102 03114 RLC 13127 b
commands or coerces a minor under 18 years of age to commit a
violation of Section 18-3.
(b) Sentence. Predatory vehicular hijacking is a Class 1
felony.
(c) This Section is repealed on January 1, 2026.
Section 35. The Crime Victims Compensation Act is amended
by changing Section 2, 7.1, and 10.1 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
or the Attorney General 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.
The changes made to this subsection by this amendatory Act
of the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2022.
(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,

HB1100 Engrossed - 17 - LRB102 03114 RLC 13127 b
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

HB1100 Engrossed - 18 - LRB102 03114 RLC 13127 b
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the spouse, parent, or child
of a person killed or injured in this State as a result of a
crime of violence perpetrated or attempted against the person,
or anyone living in the household of a person killed or injured
in a relationship that is substantially similar to that of a
parent, spouse, or 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 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, or half sister 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

HB1100 Engrossed - 19 - LRB102 03114 RLC 13127 b
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, aunt, or anyone
living in the household of a person killed or injured in a
relationship that is substantially similar to that of a
parent, spouse, or child.
(g) "Child" means a son or daughter and includes a

HB1100 Engrossed - 20 - LRB102 03114 RLC 13127 b
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; expenses incurred for the
towing of a victim's vehicle in connection with a crime of
violence, to a maximum of $1,000; 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

HB1100 Engrossed - 21 - LRB102 03114 RLC 13127 b
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 be
awarded up to a maximum of $10,000 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 be awarded up to a maximum of $10,000. 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

HB1100 Engrossed - 22 - LRB102 03114 RLC 13127 b
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 $2,400 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 $2,400
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.
The changes made to this subsection by this amendatory Act
of the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2022.
(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.

HB1100 Engrossed - 23 - LRB102 03114 RLC 13127 b
(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,
stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent,
stepparent, 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. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
102-27, eff. 6-25-21.)
(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
Sec. 7.1. (a) The application shall set out:
(1) the name and address of the victim;
(2) if the victim is deceased, the name and address of
the applicant and his or her relationship to the victim,
the names and addresses of other persons dependent on the
victim for their support and the extent to which each is so
dependent, and other persons who may be entitled to
compensation for a pecuniary loss;
(3) the date and nature of the crime on which the

HB1100 Engrossed - 24 - LRB102 03114 RLC 13127 b
application for compensation is based;
(4) the date and place where and the law enforcement
officials to whom notification of the crime was given;
(5) the nature and extent of the injuries sustained by
the victim, and the names and addresses of those giving
medical and hospitalization treatment to the victim;
(6) the pecuniary loss to the applicant and to such
other persons as are specified under item (2) resulting
from the injury or death;
(7) the amount of benefits, payments, or awards, if
any, payable under:
(a) the Workers' Compensation Act,
(b) the Dram Shop Act,
(c) any claim, demand, or cause of action based
upon the crime-related injury or death,
(d) the Federal Medicare program,
(e) the State Public Aid program,
(f) Social Security Administration burial
benefits,
(g) Veterans administration burial benefits,
(h) life, health, accident, vehicle, towing, or
liability insurance,
(i) the Criminal Victims' Escrow Account Act,
(j) the Sexual Assault Survivors Emergency
Treatment Act,
(k) restitution, or

HB1100 Engrossed - 25 - LRB102 03114 RLC 13127 b
(l) any other source;
(8) releases authorizing the surrender to the Court of
Claims or Attorney General of reports, documents and other
information relating to the matters specified under this
Act and rules promulgated in accordance with the Act;
(9) such other information as the Court of Claims or
the Attorney General reasonably requires.
(b) The Attorney General may require that materials
substantiating the facts stated in the application be
submitted with that application.
(c) An applicant, on his or her own motion, may file an
amended application or additional substantiating materials to
correct inadvertent errors or omissions at any time before the
original application has been disposed of by the Court of
Claims or the Attorney General. In either case, the filing of
additional information or of an amended application shall be
considered for the purpose of this Act to have been filed at
the same time as the original application.
For claims submitted on or after January 1, 2022, an
amended application or additional substantiating materials to
correct inadvertent errors or omissions may be filed at any
time before the original application is disposed of by the
Attorney General or the Court of Claims.
(d) Determinations submitted by the Attorney General to
the Court of Claims shall be available to the Court of Claims
for review. The Attorney General shall provide the sources and

HB1100 Engrossed - 26 - LRB102 03114 RLC 13127 b
evidence relied upon as a basis for a compensation
determination.
(e) The changes made to this Section by this amendatory
Act of the 101st General Assembly apply to actions commenced
or pending on or after January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
Sec. 10.1. Amount of compensation. The amount of
compensation to which an applicant and other persons are
entitled shall be based on the following factors:
(a) A victim may be compensated for his or her pecuniary
loss.
(b) A dependent may be compensated for loss of support.
(c) Any person, even though not dependent upon the victim
for his or her support, may be compensated for reasonable
expenses of the victim to the extent to which he or she has
paid or become obligated to pay such expenses and only after
compensation for reasonable funeral, medical and hospital
expenses of the victim have been awarded may compensation be
made for reasonable expenses of the victim incurred for
psychological treatment of a mental or emotional condition
caused or aggravated by the crime.
(d) An award shall be reduced or denied according to the
extent to which the victim's injury or death was caused by
provocation or incitement by the victim or the victim

HB1100 Engrossed - 27 - LRB102 03114 RLC 13127 b
assisting, attempting, or committing a criminal act. A denial
or reduction shall not automatically bar the survivors of
homicide victims from receiving compensation for counseling,
crime scene cleanup, relocation, funeral or burial costs, and
loss of support if the survivor's actions have not initiated,
provoked, or aggravated the suspect into initiating the
qualifying crime.
(e) An award shall be reduced by the amount of benefits,
payments or awards payable under those sources which are
required to be listed under item (7) of Section 7.1(a) and any
other sources except annuities, pension plans, Federal Social
Security payments payable to dependents of the victim and the
net proceeds of the first $25,000 of life insurance that would
inure to the benefit of the applicant, which the applicant or
any other person dependent for the support of a deceased
victim, as the case may be, has received or to which he or she
is entitled as a result of injury to or death of the victim.
(f) A final award shall not exceed $10,000 for a crime
committed prior to September 22, 1979, $15,000 for a crime
committed on or after September 22, 1979 and prior to January
1, 1986, $25,000 for a crime committed on or after January 1,
1986 and prior to August 7, 1998, $27,000 for a crime committed
on or after August 7, 1998 and prior to August 7, 2022, or
$45,000 for a crime committed on or after August 7, 2022. If
the total pecuniary loss is greater than the maximum amount
allowed, the award shall be divided in proportion to the

HB1100 Engrossed - 28 - LRB102 03114 RLC 13127 b
amount of actual loss among those entitled to compensation.
(g) Compensation under this Act is a secondary source of
compensation and the applicant must show that he or she has
exhausted the benefits reasonably available under the Criminal
Victims' Escrow Account Act or any governmental or medical or
health insurance programs, including, but not limited to,
Workers' Compensation, the Federal Medicare program, the State
Public Aid program, Social Security Administration burial
benefits, and Veterans Administration burial benefits, and
life, health, accident, full vehicle coverage (including
towing insurance, if available), or liability insurance.
(Source: P.A. 102-27, eff. 1-1-22.)