SB1653 EngrossedLRB098 09393 JLS 39534 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Line of Duty Compensation Act is amended by
5changing Section 2 as follows:
 
6    (820 ILCS 315/2)   (from Ch. 48, par. 282)
7    Sec. 2. As used in this Act, unless the context otherwise
8requires:
9    (a) "Law enforcement officer" or "officer" means any person
10employed by the State or a local governmental entity as a
11policeman, peace officer, auxiliary policeman or in some like
12position involving the enforcement of the law and protection of
13the public interest at the risk of that person's life. This
14includes supervisors, wardens, superintendents and their
15assistants, guards and keepers, correctional officers, youth
16supervisors, parole agents, school teachers and correctional
17counsellors in all facilities of both the Department of
18Corrections and the Department of Juvenile Justice, while
19within the facilities under the control of the Department of
20Corrections or the Department of Juvenile Justice or in the act
21of transporting inmates or wards from one location to another
22or while performing their official duties, and all other
23Department of Correction or Department of Juvenile Justice

 

 

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1employees who have daily contact with inmates.
2    The death of the foregoing employees of the Department of
3Corrections or the Department of Juvenile Justice in order to
4be included herein must be by the direct or indirect willful
5act of an inmate, ward, work-releasee, parolee, parole
6violator, person under conditional release, or any person
7sentenced or committed, or otherwise subject to confinement in
8or to the Department of Corrections or the Department of
9Juvenile Justice.
10    (b) "Fireman" means any person employed by the State or a
11local governmental entity as, or otherwise serving as, a member
12or officer of a fire department either for the purpose of the
13prevention or control of fire or the underwater recovery of
14drowning victims, including volunteer firemen.
15    (c) "Local governmental entity" includes counties,
16municipalities and municipal corporations.
17    (d) "State" means the State of Illinois and its
18departments, divisions, boards, bureaus, commissions,
19authorities and colleges and universities.
20    (e) "Killed in the line of duty" means losing one's life as
21a result of injury received in the active performance of duties
22as a law enforcement officer, civil defense worker, civil air
23patrol member, paramedic, fireman, or chaplain if the death
24occurs within one year from the date the injury was received
25and if that injury arose from violence or other accidental
26cause. In the case of a State employee, "killed in the line of

 

 

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1duty" means losing one's life as a result of injury received in
2the active performance of one's duties as a State employee, if
3the death occurs within one year from the date the injury was
4received and if that injury arose from a willful act of
5violence by another State employee committed during such other
6employee's course of employment and after January 1, 1988. The
7term excludes death resulting from the willful misconduct or
8intoxication of the officer, civil defense worker, civil air
9patrol member, paramedic, fireman, chaplain, or State
10employee. However, the burden of proof of such willful
11misconduct or intoxication of the officer, civil defense
12worker, civil air patrol member, paramedic, fireman, chaplain,
13or State employee is on the Attorney General. Subject to the
14conditions set forth in subsection (a) with respect to
15inclusion under this Act of Department of Corrections and
16Department of Juvenile Justice employees described in that
17subsection, for the purposes of this Act, instances in which a
18law enforcement officer receives an injury in the active
19performance of duties as a law enforcement officer include but
20are not limited to instances when:
21        (1) the injury is received as a result of a wilful act
22    of violence committed other than by the officer and a
23    relationship exists between the commission of such act and
24    the officer's performance of his duties as a law
25    enforcement officer, whether or not the injury is received
26    while the officer is on duty as a law enforcement officer;

 

 

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1        (2) the injury is received by the officer while the
2    officer is attempting to prevent the commission of a
3    criminal act by another or attempting to apprehend an
4    individual the officer suspects has committed a crime,
5    whether or not the injury is received while the officer is
6    on duty as a law enforcement officer;
7        (3) the injury is received by the officer while the
8    officer is travelling to or from his employment as a law
9    enforcement officer or during any meal break, or other
10    break, which takes place during the period in which the
11    officer is on duty as a law enforcement officer; .
12        (4) the injury received by the officer is
13    self-inflicted and a mental health professional
14    establishes that the injury was a result of the officer's
15    active duty service.
16    In the case of an Armed Forces member, "killed in the line
17of duty" means losing one's life while on active duty in
18connection with the September 11, 2001 terrorist attacks on the
19United States, Operation Enduring Freedom, or Operation Iraqi
20Freedom.
21    (f) "Volunteer fireman" means a person having principal
22employment other than as a fireman, but who is carried on the
23rolls of a regularly constituted fire department either for the
24purpose of the prevention or control of fire or the underwater
25recovery of drowning victims, the members of which are under
26the jurisdiction of the corporate authorities of a city,

 

 

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1village, incorporated town, or fire protection district, and
2includes a volunteer member of a fire department organized
3under the "General Not for Profit Corporation Act", approved
4July 17, 1943, as now or hereafter amended, which is under
5contract with any city, village, incorporated town, fire
6protection district, or persons residing therein, for fire
7fighting services. "Volunteer fireman" does not mean an
8individual who volunteers assistance without being regularly
9enrolled as a fireman.
10    (g) "Civil defense worker" means any person employed by the
11State or a local governmental entity as, or otherwise serving
12as, a member of a civil defense work force, including volunteer
13civil defense work forces engaged in serving the public
14interest during periods of disaster, whether natural or
15man-made.
16    (h) "Civil air patrol member" means any person employed by
17the State or a local governmental entity as, or otherwise
18serving as, a member of the organization commonly known as the
19"Civil Air Patrol", including volunteer members of the
20organization commonly known as the "Civil Air Patrol".
21    (i) "Paramedic" means an Emergency Medical
22Technician-Paramedic certified by the Illinois Department of
23Public Health under the Emergency Medical Services (EMS)
24Systems Act, and all other emergency medical personnel
25certified by the Illinois Department of Public Health who are
26members of an organized body or not-for-profit corporation

 

 

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1under the jurisdiction of a city, village, incorporated town,
2fire protection district or county, that provides emergency
3medical treatment to persons of a defined geographical area.
4    (j) "State employee" means any employee as defined in
5Section 14-103.05 of the Illinois Pension Code, as now or
6hereafter amended.
7    (k) "Chaplain" means an individual who:
8        (1) is a chaplain of (i) a fire department or (ii) a
9    police department or other agency consisting of law
10    enforcement officers; and
11        (2) has been designated a chaplain by (i) the fire
12    department, police department, or other agency or an
13    officer or body having jurisdiction over the department or
14    agency or (ii) a labor organization representing the
15    firemen or law enforcement officers.
16    (l) "Armed Forces member" means an Illinois resident who
17is: a member of the Armed Forces of the United States; a member
18of the Illinois National Guard while on active military service
19pursuant to an order of the President of the United States; or
20a member of any reserve component of the Armed Forces of the
21United States while on active military service pursuant to an
22order of the President of the United States.
23(Source: P.A. 93-1047, eff. 10-18-04; 93-1073, eff. 1-18-05;
2494-696, eff. 6-1-06.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.