Full Text of HB7329 93rd General Assembly
HB7329 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB7329
Introduced 9/23/2004, by Rep. Rich Brauer - Dan Brady SYNOPSIS AS INTRODUCED: |
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820 ILCS 315/2 |
from Ch. 48, par. 282 |
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Amends the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol
Members, Paramedics, Firemen, Chaplains, and State Employees Compensation Act. Provides that the term "law enforcement officer" includes a person who is employed as a security guard by the State on a full-time, part-time, temporary, or contractual-payroll basis and whose death in the line of duty results from injury incurred on or after September 1, 2004. Also makes technical corrections. Effective immediately.
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A BILL FOR
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HB7329 |
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LRB093 23470 LRD 53463 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Law Enforcement Officers, Civil Defense | 5 |
| Workers, Civil Air Patrol
Members, Paramedics, Firemen, | 6 |
| Chaplains, and State Employees Compensation Act is amended by | 7 |
| changing Section 2 as follows:
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| (820 ILCS 315/2) (from Ch. 48, par. 282)
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| Sec. 2. As used in this Act, unless the context otherwise | 10 |
| requires:
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| (a) "Law enforcement officer" or "officer" means any person | 12 |
| employed
by the State or a local governmental entity as a | 13 |
| policeman, peace
officer, auxiliary policeman or in some like | 14 |
| position involving the
enforcement of the law and protection of | 15 |
| the public interest at the risk of
that person's life. "Law | 16 |
| enforcement officer" or "officer" includes, but is not limited | 17 |
| to, a person who is employed as a security guard by the State | 18 |
| on a full-time, part-time, temporary, or contractual-payroll | 19 |
| basis and whose death in the line of duty results from injury | 20 |
| incurred on or after September 1, 2004. "Law enforcement | 21 |
| officer" or "officer" also
This includes supervisors, wardens, | 22 |
| superintendents and
their assistants, guards and keepers, | 23 |
| correctional officers, youth
supervisors, parole agents, | 24 |
| school teachers and correctional counsellors
in all facilities | 25 |
| of both the Juvenile and Adult Divisions of the
Department of | 26 |
| Corrections, while within the facilities under the control
of | 27 |
| the Department of Corrections or in the act of transporting | 28 |
| inmates
or wards from one location to another or while | 29 |
| performing their official
duties, and all other Department of | 30 |
| Correction employees who have daily
contact with inmates.
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| The death of the foregoing employees of the Department of | 32 |
| Corrections
in order to be included herein must be by the |
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HB7329 |
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LRB093 23470 LRD 53463 b |
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| direct or indirect willful
act of an inmate, ward, | 2 |
| work-releasee, parolee, parole violator, person
under | 3 |
| conditional release, or any person sentenced or committed, or
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| otherwise subject to confinement in or to the Department of | 5 |
| Corrections.
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| (b) "Fireman" means any person employed by the State or a | 7 |
| local
governmental entity as, or otherwise serving as, a member | 8 |
| or officer of
a fire department either for the purpose of the | 9 |
| prevention or control of fire
or the underwater recovery of | 10 |
| drowning victims, including volunteer firemen.
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| (c) "Local governmental entity" includes counties, | 12 |
| municipalities
and municipal corporations.
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| (d) "State" means the State of Illinois and its | 14 |
| departments,
divisions, boards, bureaus, commissions, | 15 |
| authorities and colleges and
universities.
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| (e) "Killed in the line of duty" means losing one's life as | 17 |
| a result
of injury received in the active performance of duties | 18 |
| as a law
enforcement officer, civil defense worker, civil air | 19 |
| patrol member,
paramedic, fireman, or chaplain if the death | 20 |
| occurs within
one year from the date
the injury was received | 21 |
| and if that injury arose from violence or other
accidental | 22 |
| cause. In the case of a State employee to whom the immediately | 23 |
| preceding definition does not apply , "killed in the line
of | 24 |
| duty" means losing one's life as a result of injury received in | 25 |
| the
active performance of his or her
one's duties as a State | 26 |
| employee, if the death occurs
within one year from the date the | 27 |
| injury was received and if that injury
arose from a willful act | 28 |
| of violence by another State employee committed
during such | 29 |
| other employee's course of employment and after January 1,
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| 1988. | 31 |
| The term excludes death resulting from the willful
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| misconduct or intoxication of the officer, civil defense | 33 |
| worker, civil
air patrol member, paramedic, fireman, chaplain, | 34 |
| or State employee.
However,
the burden of proof of
such willful | 35 |
| misconduct or intoxication of the officer, civil defense
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| worker, civil air patrol member, paramedic,
fireman, chaplain, |
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| or State employee is on the Attorney
General. | 2 |
| Subject to the conditions set forth in subsection (a) with
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| respect to inclusion under this Act of Department of | 4 |
| Corrections employees
described in that subsection, for the | 5 |
| purposes of this Act, instances in
which a law enforcement | 6 |
| officer receives an injury in the active
performance of duties | 7 |
| as a law enforcement officer include but are not
limited to | 8 |
| instances when:
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| (1) the injury is received as a result of a wilful act | 10 |
| of violence
committed other than by the officer and a | 11 |
| relationship exists between the
commission of such act and | 12 |
| the officer's
performance of his duties as a law | 13 |
| enforcement officer, whether or not the
injury is received | 14 |
| while the officer is on duty as a law enforcement officer;
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| (2) the injury is received by the officer while the | 16 |
| officer is
attempting to prevent the commission of a | 17 |
| criminal act by another or
attempting to apprehend an | 18 |
| individual the officer suspects has committed a
crime, | 19 |
| whether or not the injury is received while the officer is | 20 |
| on duty
as a law enforcement officer;
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| (3) the injury is received by the officer while the | 22 |
| officer is
travelling to or from his employment as a law | 23 |
| enforcement officer or during
any meal break, or other | 24 |
| break, which takes place during the period in
which the | 25 |
| officer is on duty as a law enforcement officer.
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| (f) "Volunteer fireman" means a person having principal | 27 |
| employment
other than as a fireman, but who is carried on the | 28 |
| rolls of a regularly
constituted fire department either for the | 29 |
| purpose of the prevention or
control of fire or the underwater | 30 |
| recovery of drowning victims, the members
of which are under | 31 |
| the
jurisdiction of the corporate authorities of a city, | 32 |
| village,
incorporated town, or fire protection district, and | 33 |
| includes a volunteer
member of a fire department organized | 34 |
| under the "General Not for Profit
Corporation Act", approved | 35 |
| July 17, 1943, as now or hereafter amended,
which is under | 36 |
| contract with any city, village, incorporated town, fire
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| protection district, or persons residing therein, for fire | 2 |
| fighting
services. "Volunteer fireman" does not mean an | 3 |
| individual who
volunteers assistance without being regularly | 4 |
| enrolled as a fireman.
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| (g) "Civil defense worker" means any person employed by the | 6 |
| State or
a local governmental entity as, or otherwise serving | 7 |
| as, a member of a
civil defense work force, including volunteer | 8 |
| civil defense work forces
engaged in serving the public | 9 |
| interest during periods of disaster,
whether natural or | 10 |
| man-made.
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| (h) "Civil air patrol member" means any person employed by | 12 |
| the State
or a local governmental entity as, or otherwise | 13 |
| serving as, a member of
the organization commonly known as the | 14 |
| "Civil Air Patrol", including
volunteer members of the | 15 |
| organization commonly known as the "Civil Air Patrol".
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| (i) "Paramedic" means an Emergency Medical | 17 |
| Technician-Paramedic certified by
the Illinois Department of | 18 |
| Public Health under the Emergency Medical
Services (EMS) | 19 |
| Systems Act, and all other emergency medical personnel
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| certified by the Illinois Department of Public Health who are | 21 |
| members of an
organized body or not-for-profit corporation | 22 |
| under the jurisdiction of
a city, village, incorporated town, | 23 |
| fire protection district or county, that
provides emergency | 24 |
| medical treatment to persons of a defined geographical area.
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| (j) "State employee" means any employee as defined in | 26 |
| Section
14-103.05 of the Illinois Pension Code, as now or | 27 |
| hereafter amended.
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| (k) "Chaplain" means an individual who:
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| (1) is a chaplain of (i) a fire
department or (ii) a | 30 |
| police department
or other agency
consisting of law | 31 |
| enforcement officers; and
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| (2) has been designated a chaplain by (i) the
fire | 33 |
| department, police department, or other agency or an | 34 |
| officer
or body having jurisdiction over the department or | 35 |
| agency or (ii) a labor
organization representing the | 36 |
| firemen or law enforcement officers.
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| (Source: P.A. 89-323, eff. 1-1-96.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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