Public Act 097-0276
 
SB1147 EnrolledLRB097 04875 AEK 44914 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Workers' Compensation Act is amended by
changing Section 11 as follows:
 
    (820 ILCS 305/11)  (from Ch. 48, par. 138.11)
    Sec. 11. The compensation herein provided, together with
the provisions of this Act, shall be the measure of the
responsibility of any employer engaged in any of the
enterprises or businesses enumerated in Section 3 of this Act,
or of any employer who is not engaged in any such enterprises
or businesses, but who has elected to provide and pay
compensation for accidental injuries sustained by any employee
arising out of and in the course of the employment according to
the provisions of this Act, and whose election to continue
under this Act, has not been nullified by any action of his
employees as provided for in this Act.
    Accidental injuries incurred while participating in
voluntary recreational programs including but not limited to
athletic events, parties and picnics do not arise out of and in
the course of the employment even though the employer pays some
or all of the cost thereof. This exclusion shall not apply in
the event that the injured employee was ordered or assigned by
his employer to participate in the program.
    Notwithstanding any other defense, accidental injuries
incurred while the employee is engaged in the active commission
of and as a proximate result of the active commission of (a) a
forcible felony, (b) aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, or (c) reckless homicide
and for which the employee was convicted do not arise out of
and in the course of employment if the commission of that
forcible felony, aggravated driving under the influence, or
reckless homicide caused an accident resulting in the death or
severe injury of another person. If an employee is acquitted of
a forcible felony, aggravated driving under the influence, or
reckless homicide that caused an accident resulting in the
death or severe injury of another person or if these charges
are dismissed, there shall be no presumption that the employee
is eligible for benefits under this Act. No employee shall be
entitled to additional compensation under Sections 19(k) or
19(l) of this Act or attorney's fees under Section 16 of this
Act when the employee has been charged with a forcible felony,
aggravated driving under the influence, or reckless homicide
that caused an accident resulting in the death or severe injury
of another person and the employer terminates benefits or
refuses to pay benefits to the employee until the termination
of any pending criminal proceedings.
    Accidental injuries incurred while participating as a
patient in a drug or alcohol rehabilitation program do not
arise out of and in the course of employment even though the
employer pays some or all of the costs thereof.
    Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response
to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or
other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by this amendatory Act of
the 93rd General Assembly is declarative of existing law and is
not a new enactment.
(Source: P.A. 93-829, eff. 7-28-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/8/2011