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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3042 Introduced 2/7/2014, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
| 820 ILCS 315/2 | from Ch. 48, par. 282 |
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Amends the Line of Duty Compensation Act. Provides that, with respect to a law enforcement officer, an injury in the active performance of duty includes a self-inflicted injury when a mental health professional establishes that the injury was a result of the officer's active duty service. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning employment.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Line of Duty Compensation Act is amended by |
5 | | changing Section 2 as follows:
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6 | | (820 ILCS 315/2)
(from Ch. 48, par. 282)
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7 | | Sec. 2. As used in this Act, unless the context otherwise |
8 | | requires:
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9 | | (a) "Law enforcement officer" or "officer" means any person |
10 | | employed
by the State or a local governmental entity as a |
11 | | policeman, peace
officer, auxiliary policeman or in some like |
12 | | position involving the
enforcement of the law and protection of |
13 | | the public interest at the risk of
that person's life. This |
14 | | includes supervisors, wardens, superintendents and
their |
15 | | assistants, guards and keepers, correctional officers, youth
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16 | | supervisors, parole agents, aftercare specialists, school |
17 | | teachers and correctional counsellors
in all facilities of both |
18 | | the
Department of Corrections and the Department of Juvenile |
19 | | Justice, while within the facilities under the control
of the |
20 | | Department of Corrections or the Department of Juvenile Justice |
21 | | or in the act of transporting inmates
or wards from one |
22 | | location to another or while performing their official
duties, |
23 | | and all other Department of Correction or Department of |
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1 | | Juvenile Justice employees who have daily
contact with inmates.
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2 | | The death of the foregoing employees of the Department of |
3 | | Corrections or the Department of Juvenile Justice
in order to |
4 | | be included herein must be by the direct or indirect willful
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5 | | act of an inmate, ward, work-releasee, parolee, aftercare |
6 | | releasee, parole violator, aftercare release violator, person
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7 | | under conditional release, or any person sentenced or |
8 | | committed, or
otherwise subject to confinement in or to the |
9 | | Department of Corrections or the Department of Juvenile |
10 | | Justice.
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11 | | (b) "Fireman" means any person employed by the State or a |
12 | | local
governmental entity as, or otherwise serving as, a member |
13 | | or officer of
a fire department either for the purpose of the |
14 | | prevention or control of fire
or the underwater recovery of |
15 | | drowning victims, including volunteer firemen.
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16 | | (c) "Local governmental entity" includes counties, |
17 | | municipalities
and municipal corporations.
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18 | | (d) "State" means the State of Illinois and its |
19 | | departments,
divisions, boards, bureaus, commissions, |
20 | | authorities and colleges and
universities.
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21 | | (e) "Killed in the line of duty" means losing one's life as |
22 | | a result
of injury received in the active performance of duties |
23 | | as a law
enforcement officer, civil defense worker, civil air |
24 | | patrol member,
paramedic, fireman, or chaplain if the death |
25 | | occurs within
one year from the date
the injury was received |
26 | | and if that injury arose from violence or other
accidental |
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1 | | cause. In the case of a State employee, "killed in the line
of |
2 | | duty" means losing one's life as a result of injury received in |
3 | | the
active performance of one's duties as a State employee, if |
4 | | the death occurs
within one year from the date the injury was |
5 | | received and if that injury
arose from a willful act of |
6 | | violence by another State employee committed
during such other |
7 | | employee's course of employment and after January 1,
1988. The |
8 | | term excludes death resulting from the willful
misconduct or |
9 | | intoxication of the officer, civil defense worker, civil
air |
10 | | patrol member, paramedic, fireman, chaplain, or State |
11 | | employee.
However,
the burden of proof of
such willful |
12 | | misconduct or intoxication of the officer, civil defense
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13 | | worker, civil air patrol member, paramedic,
fireman, chaplain, |
14 | | or State employee is on the Attorney
General. Subject to the |
15 | | conditions set forth in subsection (a) with
respect to |
16 | | inclusion under this Act of Department of Corrections and |
17 | | Department of Juvenile Justice employees
described in that |
18 | | subsection, for the purposes of this Act, instances in
which a |
19 | | law enforcement officer receives an injury in the active
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20 | | performance of duties as a law enforcement officer include but |
21 | | are not
limited to instances when:
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22 | | (1) the injury is received as a result of a wilful act |
23 | | of violence
committed other than by the officer and a |
24 | | relationship exists between the
commission of such act and |
25 | | the officer's
performance of his duties as a law |
26 | | enforcement officer, whether or not the
injury is received |
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1 | | while the officer is on duty as a law enforcement officer;
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2 | | (2) the injury is received by the officer while the |
3 | | officer is
attempting to prevent the commission of a |
4 | | criminal act by another or
attempting to apprehend an |
5 | | individual the officer suspects has committed a
crime, |
6 | | whether or not the injury is received while the officer is |
7 | | on duty
as a law enforcement officer;
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8 | | (3) the injury is received by the officer while the |
9 | | officer is
travelling to or from his employment as a law |
10 | | enforcement officer or during
any meal break, or other |
11 | | break, which takes place during the period in
which the |
12 | | officer is on duty as a law enforcement officer ; .
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13 | | (4) the injury received by the officer is |
14 | | self-inflicted and a mental health professional |
15 | | establishes that the injury was a result of the officer's |
16 | | active duty service. |
17 | | In the case of an Armed Forces member, "killed in the line |
18 | | of duty" means
losing one's life while on active duty in |
19 | | connection with the September 11, 2001 terrorist attacks on the |
20 | | United States, Operation Enduring Freedom, or Operation Iraqi |
21 | | Freedom.
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22 | | (f) "Volunteer fireman" means a person having principal |
23 | | employment
other than as a fireman, but who is carried on the |
24 | | rolls of a regularly
constituted fire department either for the |
25 | | purpose of the prevention or
control of fire or the underwater |
26 | | recovery of drowning victims, the members
of which are under |
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1 | | the
jurisdiction of the corporate authorities of a city, |
2 | | village,
incorporated town, or fire protection district, and |
3 | | includes a volunteer
member of a fire department organized |
4 | | under the "General Not for Profit
Corporation Act", approved |
5 | | July 17, 1943, as now or hereafter amended,
which is under |
6 | | contract with any city, village, incorporated town, fire
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7 | | protection district, or persons residing therein, for fire |
8 | | fighting
services. "Volunteer fireman" does not mean an |
9 | | individual who
volunteers assistance without being regularly |
10 | | enrolled as a fireman.
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11 | | (g) "Civil defense worker" means any person employed by the |
12 | | State or
a local governmental entity as, or otherwise serving |
13 | | as, a member of a
civil defense work force, including volunteer |
14 | | civil defense work forces
engaged in serving the public |
15 | | interest during periods of disaster,
whether natural or |
16 | | man-made.
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17 | | (h) "Civil air patrol member" means any person employed by |
18 | | the State
or a local governmental entity as, or otherwise |
19 | | serving as, a member of
the organization commonly known as the |
20 | | "Civil Air Patrol", including
volunteer members of the |
21 | | organization commonly known as the "Civil Air Patrol".
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22 | | (i) "Paramedic" means an Emergency Medical |
23 | | Technician-Paramedic certified by
the Illinois Department of |
24 | | Public Health under the Emergency Medical
Services (EMS) |
25 | | Systems Act, and all other emergency medical personnel
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26 | | certified by the Illinois Department of Public Health who are |
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1 | | members of an
organized body or not-for-profit corporation |
2 | | under the jurisdiction of
a city, village, incorporated town, |
3 | | fire protection district or county, that
provides emergency |
4 | | medical treatment to persons of a defined geographical area.
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5 | | (j) "State employee" means any employee as defined in |
6 | | Section
14-103.05 of the Illinois Pension Code, as now or |
7 | | hereafter amended.
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8 | | (k) "Chaplain" means an individual who:
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9 | | (1) is a chaplain of (i) a fire
department or (ii) a |
10 | | police department
or other agency
consisting of law |
11 | | enforcement officers; and
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12 | | (2) has been designated a chaplain by (i) the
fire |
13 | | department, police department, or other agency or an |
14 | | officer
or body having jurisdiction over the department or |
15 | | agency or (ii) a labor
organization representing the |
16 | | firemen or law enforcement officers.
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17 | | (l) "Armed Forces member" means an Illinois resident who |
18 | | is: a member of
the
Armed Forces of the United States; a member |
19 | | of the Illinois National Guard
while on active military service |
20 | | pursuant to an order of the President of the
United States; or |
21 | | a member of any reserve component of the Armed Forces of the
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22 | | United States while on active military service pursuant to an |
23 | | order of the
President of the United States.
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24 | | (Source: P.A. 98-558, eff. 1-1-14.)
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25 | | Section 99. Effective date. This Act takes effect upon |
26 | | becoming law.
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