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 $5,000 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 not exceed a maximum of $5,000. Loss of future earnings shall
be reduced by any income from substitute work actually performed by the victim or by in-come
he or she would have earned in available appropriate substitute work he or she was
capable of performing but unreasonably failed to undertake. Loss of earnings, loss of future
earnings and loss of support shall be determined on the basis of the victim’s average net
monthly earnings for the 6 months immediately preceding the date of the injury or on $1000
per month, whichever is less. If a divorced or legally separated applicant is claiming loss
of support for a minor child of the deceased, the amount of support for each child shall be
based either on the amount of support pursuant to the judgment prior to the date of the de-ceased
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 suf-fering
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.
(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10; 96-1551, eff. 7-1-11.)
(740 ILCS 45/2.5) Sec. 2.5. Felon as a Victim. Notwithstanding paragraph (d) of Section 2, “victim”
does not include a person who is convicted of a felony until that person is discharged from probation or
is released from a correctional institution and has been discharged from parole or mandatory super-vised
release, if any. For purposes of this Section, the death of a felon who is serving a term of pa-role,
probation, or mandatory supervised release shall be considered a discharge from that sentence. No
compensation may be granted to an applicant under this Act during a period of time that the applicant is
held in a correctional
institution.
A victim who has been convicted of a felony may apply for assistance under this Act at any time but no
award of compensation may be considered until the applicant meets the requirements of
this Section.
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