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90_HB2310
820 ILCS 315/2 from Ch. 48, par. 282
820 ILCS 315/5 from Ch. 48, par. 285
30 ILCS 805/8.22 new
Amends the Law Enforcement Officers, Civil Defense
Workers, Civil Air Patrol Members, Paramedics, Firemen,
Chaplains, and State Employees Compensation Act. Defines
intoxication. Provides that a law enforcement officer
employed by a local governmental entity who dies as the
result of an injury received on or after July 2, 1997 in the
course of attempting to prevent the commission of a criminal
act by another or attempting to apprehend an individual whom
the officer suspects has committed a crime shall be deemed to
have been killed in the line of duty, regardless of whether
the injury is received while the officer is on duty as a law
enforcement officer and regardless of any use of alcohol on
the part of the officer that did not result in intoxication;
provides that the survivor or other beneficiary of the
officer shall be entitled to receive any benefits that are
regularly provided by the local governmental entity in cases
of death of a law enforcement officer in the line of duty.
Pre-empts home rule. Amends the State Mandates Act to
require implementation without reimbursement. Effective
immediately.
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1 AN ACT in relation to law enforcement officers who are
2 killed in the line of duty, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Law Enforcement Officers, Civil Defense
6 Workers, Civil Air Patrol Members, Paramedics, Firemen,
7 Chaplains, and State Employees Compensation Act is amended by
8 changing Sections 2 and 5 as follows:
9 (820 ILCS 315/2) (from Ch. 48, par. 282)
10 Sec. 2. As used in this Act, unless the context
11 otherwise requires:
12 (a) "Law enforcement officer" or "officer" means any
13 person employed by the State or a local governmental entity
14 as a policeman, peace officer, auxiliary policeman or in some
15 like position involving the enforcement of the law and
16 protection of the public interest at the risk of that
17 person's life. This includes supervisors, wardens,
18 superintendents and their assistants, guards and keepers,
19 correctional officers, youth supervisors, parole agents,
20 school teachers and correctional counsellors in all
21 facilities of both the Juvenile and Adult Divisions of the
22 Department of Corrections, while within the facilities under
23 the control of the Department of Corrections or in the act of
24 transporting inmates or wards from one location to another or
25 while performing their official duties, and all other
26 Department of Correction employees who have daily contact
27 with inmates.
28 The death of the foregoing employees of the Department of
29 Corrections in order to be included herein must be by the
30 direct or indirect willful act of an inmate, ward,
31 work-releasee, parolee, parole violator, person under
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1 conditional release, or any person sentenced or committed, or
2 otherwise subject to confinement in or to the Department of
3 Corrections.
4 (b) "Fireman" means any person employed by the State or
5 a local governmental entity as, or otherwise serving as, a
6 member or officer of a fire department either for the purpose
7 of the prevention or control of fire or the underwater
8 recovery of drowning victims, including volunteer firemen.
9 (c) "Local governmental entity" includes counties,
10 municipalities and municipal corporations.
11 (d) "State" means the State of Illinois and its
12 departments, divisions, boards, bureaus, commissions,
13 authorities and colleges and universities.
14 (e) "Killed in the line of duty" means losing one's life
15 as a result of injury received in the active performance of
16 duties as a law enforcement officer, civil defense worker,
17 civil air patrol member, paramedic, fireman, or chaplain if
18 the death occurs within one year from the date the injury was
19 received and if that injury arose from violence or other
20 accidental cause. In the case of a State employee, "killed
21 in the line of duty" means losing one's life as a result of
22 injury received in the active performance of one's duties as
23 a State employee, if the death occurs within one year from
24 the date the injury was received and if that injury arose
25 from a willful act of violence by another State employee
26 committed during such other employee's course of employment
27 and after January 1, 1988. The term excludes death resulting
28 from the willful misconduct or intoxication of the officer,
29 civil defense worker, civil air patrol member, paramedic,
30 fireman, chaplain, or State employee. However, the burden of
31 proof of such willful misconduct or intoxication of the
32 officer, civil defense worker, civil air patrol member,
33 paramedic, fireman, chaplain, or State employee is on the
34 Attorney General. Subject to the conditions set forth in
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1 subsection (a) with respect to inclusion under this Act of
2 Department of Corrections employees described in that
3 subsection, for the purposes of this Act, instances in which
4 a law enforcement officer receives an injury in the active
5 performance of duties as a law enforcement officer include
6 but are not limited to instances when:
7 (1) the injury is received as a result of a wilful
8 act of violence committed other than by the officer and a
9 relationship exists between the commission of such act
10 and the officer's performance of his duties as a law
11 enforcement officer, whether or not the injury is
12 received while the officer is on duty as a law
13 enforcement officer;
14 (2) the injury is received by the officer while the
15 officer is attempting to prevent the commission of a
16 criminal act by another or attempting to apprehend an
17 individual the officer suspects has committed a crime,
18 whether or not the injury is received while the officer
19 is on duty as a law enforcement officer;
20 (3) the injury is received by the officer while the
21 officer is travelling to or from his employment as a law
22 enforcement officer or during any meal break, or other
23 break, which takes place during the period in which the
24 officer is on duty as a law enforcement officer.
25 (f) "Volunteer fireman" means a person having principal
26 employment other than as a fireman, but who is carried on the
27 rolls of a regularly constituted fire department either for
28 the purpose of the prevention or control of fire or the
29 underwater recovery of drowning victims, the members of which
30 are under the jurisdiction of the corporate authorities of a
31 city, village, incorporated town, or fire protection
32 district, and includes a volunteer member of a fire
33 department organized under the "General Not for Profit
34 Corporation Act", approved July 17, 1943, as now or hereafter
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1 amended, which is under contract with any city, village,
2 incorporated town, fire protection district, or persons
3 residing therein, for fire fighting services. "Volunteer
4 fireman" does not mean an individual who volunteers
5 assistance without being regularly enrolled as a fireman.
6 (g) "Civil defense worker" means any person employed by
7 the State or a local governmental entity as, or otherwise
8 serving as, a member of a civil defense work force, including
9 volunteer civil defense work forces engaged in serving the
10 public interest during periods of disaster, whether natural
11 or man-made.
12 (h) "Civil air patrol member" means any person employed
13 by the State or a local governmental entity as, or otherwise
14 serving as, a member of the organization commonly known as
15 the "Civil Air Patrol", including volunteer members of the
16 organization commonly known as the "Civil Air Patrol".
17 (i) "Paramedic" means an Emergency Medical
18 Technician-Paramedic certified by the Illinois Department of
19 Public Health under the Emergency Medical Services (EMS)
20 Systems Act, and all other emergency medical personnel
21 certified by the Illinois Department of Public Health who are
22 members of an organized body or not-for-profit corporation
23 under the jurisdiction of a city, village, incorporated town,
24 fire protection district or county, that provides emergency
25 medical treatment to persons of a defined geographical area.
26 (j) "State employee" means any employee as defined in
27 Section 14-103.05 of the Illinois Pension Code, as now or
28 hereafter amended.
29 (k) "Chaplain" means an individual who:
30 (1) is a chaplain of (i) a fire department or (ii)
31 a police department or other agency consisting of law
32 enforcement officers; and
33 (2) has been designated a chaplain by (i) the fire
34 department, police department, or other agency or an
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1 officer or body having jurisdiction over the department
2 or agency or (ii) a labor organization representing the
3 firemen or law enforcement officers.
4 (l) "Intoxication", with respect to an injury received
5 on or after July 2, 1997, means a state of substantial
6 impairment resulting from a blood alcohol concentration of
7 0.08% or more or the unlawful use of cannabis or a controlled
8 substance.
9 (Source: P.A. 89-323, eff. 1-1-96.)
10 (820 ILCS 315/5) (from Ch. 48, par. 285)
11 Sec. 5. Eligibility for other benefits; pre-emption.
12 (a) The compensation provided for in this Act is in
13 addition to, and not exclusive of, any pension rights, death
14 benefits or other compensation otherwise payable by law.
15 (b) A law enforcement officer employed by a local
16 governmental entity who dies as the result of an injury
17 received on or after July 2, 1997 in the course of attempting
18 to prevent the commission of a criminal act by another or
19 attempting to apprehend an individual whom the officer
20 suspects has committed a crime shall be deemed to have been
21 killed in the line of duty, regardless of whether the injury
22 is received while the officer is on duty as a law enforcement
23 officer and regardless of any use of alcohol on the part of
24 the officer that did not result in intoxication as defined in
25 Section 2, and the survivor or other beneficiary of the
26 officer shall be entitled to receive any benefits that are
27 regularly provided by the local governmental entity in cases
28 of death of a law enforcement officer in the line of duty.
29 This subsection (b) requires payment, in certain cases,
30 of benefits already established and regularly paid by a local
31 governmental entity in other cases of death of a law
32 enforcement officer in the line of duty; it does not require
33 a local governmental entity to pay any new or additional
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1 benefit not regularly paid by the local governmental entity
2 in other cases of death of a law enforcement officer in the
3 line of duty and does not restrict the payment of benefits to
4 the circumstances described in this subsection. This
5 subsection (b) is a limitation on home rule powers under
6 subsection (h) of Section 6 of Article VII of the Illinois
7 Constitution.
8 (Source: P.A. 76-1602.)
9 Section 90. The State Mandates Act is amended by adding
10 Section 8.22 as follows:
11 (30 ILCS 805/8.22 new)
12 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
13 and 8 of this Act, no reimbursement by the State is required
14 for the implementation of any mandate created by this
15 amendatory Act of 1998.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.