Illinois General Assembly - Full Text of SB1681
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1681  102nd General Assembly

SB1681enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1681 EnrolledLRB102 14162 KMF 19514 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
10person employed by the State or a local governmental entity as
11a policeman, peace officer, auxiliary policeman or in some
12like position involving the enforcement of the law and
13protection of the public interest at the risk of that person's
14life. This includes supervisors, wardens, superintendents and
15their assistants, guards and keepers, correctional officers,
16youth supervisors, parole agents, aftercare specialists,
17school teachers and correctional counsellors in all facilities
18of both the Department of Corrections and the Department of
19Juvenile Justice, while within the facilities under the
20control of the Department of Corrections or the Department of
21Juvenile Justice or in the act of transporting inmates or
22wards from one location to another or while performing their
23official duties, and all other Department of Correction or

 

 

SB1681 Enrolled- 2 -LRB102 14162 KMF 19514 b

1Department of Juvenile Justice employees who have daily
2contact with inmates. For the purposes of this Act, "law
3enforcement officer" or "officer" also means a probation
4officer, as defined in Section 9b of the Probation and
5Probation Officers Act.
6    The death of the foregoing employees of the Department of
7Corrections or the Department of Juvenile Justice in order to
8be included herein must be by the direct or indirect willful
9act of an inmate, ward, work-releasee, parolee, aftercare
10releasee, parole violator, aftercare release violator, person
11under conditional release, or any person sentenced or
12committed, or otherwise subject to confinement in or to the
13Department of Corrections or the Department of Juvenile
14Justice.
15    (b) "Fireman" means any person employed by the State or a
16local governmental entity as, or otherwise serving as, a
17member or officer of a fire department either for the purpose
18of the prevention or control of fire or the underwater
19recovery of drowning victims, including volunteer firemen.
20    (c) "Local governmental entity" includes counties,
21municipalities and municipal corporations.
22    (d) "State" means the State of Illinois and its
23departments, divisions, boards, bureaus, commissions,
24authorities and colleges and universities.
25    (e) "Killed in the line of duty" means losing one's life as
26a result of injury received in the active performance of

 

 

SB1681 Enrolled- 3 -LRB102 14162 KMF 19514 b

1duties as a law enforcement officer, civil defense worker,
2civil air patrol member, paramedic, fireman, or chaplain if
3the death occurs within one year from the date the injury was
4received and if that injury arose from violence or other
5accidental cause. In the case of a State employee, "killed in
6the line of duty" means losing one's life as a result of injury
7received in the active performance of one's duties as a State
8employee, if the death occurs within one year from the date the
9injury was received and if that injury arose from a willful act
10of violence by another State employee committed during such
11other employee's course of employment and after January 1,
121988. The term excludes death resulting from the willful
13misconduct or intoxication of the officer, civil defense
14worker, civil air patrol member, paramedic, fireman, chaplain,
15or State employee. However, the burden of proof of such
16willful misconduct or intoxication of the officer, civil
17defense worker, civil air patrol member, paramedic, fireman,
18chaplain, or State employee is on the Attorney General.
19Subject to the conditions set forth in subsection (a) with
20respect to inclusion under this Act of Department of
21Corrections and Department of Juvenile Justice employees
22described in that subsection, for the purposes of this Act,
23instances in which a law enforcement officer receives an
24injury in the active performance of duties as a law
25enforcement officer include but are not limited to instances
26when:

 

 

SB1681 Enrolled- 4 -LRB102 14162 KMF 19514 b

1        (1) the injury is received as a result of a wilful act
2    of violence committed other than by the officer and a
3    relationship exists between the commission of such act and
4    the officer's performance of his duties as a law
5    enforcement officer, whether or not the injury is received
6    while the officer is on duty as a law enforcement officer;
7        (2) the injury is received by the officer while the
8    officer is attempting to prevent the commission of a
9    criminal act by another or attempting to apprehend an
10    individual the officer suspects has committed a crime,
11    whether or not the injury is received while the officer is
12    on duty as a law enforcement officer;
13        (3) the injury is received by the officer while the
14    officer is travelling to or from his employment as a law
15    enforcement officer or during any meal break, or other
16    break, which takes place during the period in which the
17    officer is on duty as a law enforcement officer.
18    In the case of an Armed Forces member, "killed in the line
19of duty" means losing one's life while on active duty in
20connection with the September 11, 2001 terrorist attacks on
21the United States, Operation Enduring Freedom, Operation
22Freedom's Sentinel, Operation Iraqi Freedom, Operation New
23Dawn, or Operation Inherent Resolve.
24    (f) "Volunteer fireman" means a person having principal
25employment other than as a fireman, but who is carried on the
26rolls of a regularly constituted fire department either for

 

 

SB1681 Enrolled- 5 -LRB102 14162 KMF 19514 b

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

 

 

SB1681 Enrolled- 6 -LRB102 14162 KMF 19514 b

1Systems Act, and all other emergency medical personnel
2certified by the Illinois Department of Public Health who are
3members of an organized body or not-for-profit corporation
4under the jurisdiction of a city, village, incorporated town,
5fire protection district or county, that provides emergency
6medical treatment to persons of a defined geographical area.
7    (j) "State employee" means any employee as defined in
8Section 14-103.05 of the Illinois Pension Code, as now or
9hereafter amended.
10    (k) "Chaplain" means an individual who:
11        (1) is a chaplain of (i) a fire department or (ii) a
12    police department or other agency consisting of law
13    enforcement officers; and
14        (2) has been designated a chaplain by (i) the fire
15    department, police department, or other agency or an
16    officer or body having jurisdiction over the department or
17    agency or (ii) a labor organization representing the
18    firemen or law enforcement officers.
19    (l) "Armed Forces member" means an Illinois resident who
20is: a member of the Armed Forces of the United States; a member
21of the Illinois National Guard while on active military
22service pursuant to an order of the President of the United
23States; or a member of any reserve component of the Armed
24Forces of the United States while on active military service
25pursuant to an order of the President of the United States.
26(Source: P.A. 100-226, eff. 8-18-17.)