ANDERSON v. STATE OF ILLINOIS (2009)

ORDER

Claimants filed their applications under the Crime Victim's Compensation Act, (740 ILCS 45/1 et seq.), on November 14, 2007. The Court of Claims denied the application on February 25, 2008 finding that charge against the alleged offender was Drug Induced Homicide, (720 ILCS 5/9-3.3), which is not compensable under the Act. Claimant filed a motion to reconsider on March 27, 2008. On May 13, 2009 hearing took place before Commissioner Ysursa. Claimant appeared pro se and Assistant Attorney General Brett Irving represented the State of Illinois.

I. BACKGROUND

The basis for the denial of the application was that the circumstances of the death of Claimant's daughter was not compensable under §2(c) of the Act, (740 ILCS 45/2(c)). Claimants testified that their daughter, Jessica L. Alsept, died due to a drug overdose on September 20, 2007. Claimants did not present any testimony as to actually what transpired during the incident. Claimants argue that while Drug Induced Homicide is not listed as a compensable crime under the Act it should be considered a compensable crime because: (1) drug induced homicide is a violent crime; and (2) the offender could have been charged with other violent crimes such as homicide that would be compensable under the Act.

II. ANALYSIS

This is a tragic case. By all accounts a wonderful young girl dies as a result of a drug addiction fueled by a drug dealer who preyed upon her weakness.

In order to prevail on application under the Crime Victim's Compensation Act, a Claimant must establish that he/she: (1) is a victim of crime as enumerated under §2(c) of the Act, (740 ILCS 45/2); (2) fulfill the conditions of §45/6.1 of the Act, (740 ILCS 45/6.1); and (3) suffered damages proximately caused from the crime, (Larsen v. State of Illinois, 52 Ill. Ct. Cl. 644 (2000)). Claimant bears the burden of proving that one of the crimes specifically enumerated under §2(c) under the Act was committed. A Drug Induced Homicide is not compensable under the Act.

It is the province of the legislature and not this Court to amend the governing statute to afford compensation under such circumstances.

IT IS HEREBY ORDERED that the Court's February 25, 2008 order denying the claim is upheld. The claim is denied.

BIRNBAUM, J.