Full Text of HB5878 93rd General Assembly
HB5878 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5878
Introduced 2/6/2004, by Michael J. Madigan, Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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20 ILCS 1825/3 |
from Ch. 129, par. 403 |
705 ILCS 505/8 |
from Ch. 37, par. 439.8 |
705 ILCS 505/21 |
from Ch. 37, par. 439.21 |
745 ILCS 49/70 |
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820 ILCS 315/1 |
from Ch. 48, par. 281 |
820 ILCS 315/2 |
from Ch. 48, par. 282 |
820 ILCS 315/3 |
from Ch. 48, par. 283 |
820 ILCS 315/4 |
from Ch. 48, par. 284 |
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Amends the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen, Chaplains, and State Employee Compensation Act. Changes the short title of the Act to the Line of Duty Compensation Act (and amends other Acts to change cross-references to the changed short title). Provides that death benefits are payable to Illinois residents who are members of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States while on active military service pursuant to an order of the President of the United States; and who were killed while on active duty in connection with Operation Enduring Freedom or Operation Iraqi Freedom. Provides that, in the case of those who were killed before the effective date of the amendatory Act while on active duty in connection with Operation Enduring Freedom or Operation Iraqi Freedom, a claim for compensation must be made within one year of the effective date of the amendatory Act. Effective immediately.
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A BILL FOR
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HB5878 |
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| AN ACT concerning veterans' affairs.
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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 Illinois National Guardsman's Compensation | 5 |
| Act is amended by
changing Section 3 as follows:
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| (20 ILCS 1825/3)
(from Ch. 129, par. 403)
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| Sec. 3. If a claim therefor is made within one year of the | 8 |
| date of the death
of the guardsman, compensation shall be paid | 9 |
| to
the
person designated by such guardsman killed while on | 10 |
| duty. The amount of
compensation shall be equal to the greater | 11 |
| of (i) $100,000 or (ii) the amount
of compensation payable | 12 |
| under Section
3 of the Line of Duty
Law
Enforcement Officers, | 13 |
| Civil Defense Workers, Civil Air Patrol Members,
Paramedics, | 14 |
| Firemen, Chaplains, and State Employees
Compensation Act when | 15 |
| an
individual to whom that Act applies is killed in the line of | 16 |
| duty. If no
beneficiary is
designated or surviving at the death | 17 |
| of the guardsman killed while on duty, the
compensation shall | 18 |
| be paid as follows:
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| (a) When there is a surviving spouse, the entire sum | 20 |
| shall be paid to
the spouse.
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| (b) When there is no surviving spouse, but a surviving | 22 |
| descendant of the
decedent, the entire sum shall be paid to | 23 |
| the decedent's descendants per
stirpes.
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| (c) When there is neither a surviving spouse nor a | 25 |
| surviving descendant,
the entire sum shall be paid to the | 26 |
| parents of the decedent in equal parts,
allowing to the | 27 |
| surviving parent, if one is dead, the entire sum.
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| (d) When there is no surviving spouse, descendant or | 29 |
| parent of the
decedent, but there are surviving brothers or | 30 |
| sisters, or descendants of a
brother or sister, who were | 31 |
| receiving their principal support from the
decedent at his | 32 |
| death, the entire sum shall be paid, in equal parts, to the
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| dependent brothers or sisters or dependent descendant of a | 2 |
| brother or
sister. Dependency shall be determined by the | 3 |
| Court of Claims based upon
the investigation and report of | 4 |
| the Attorney General.
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| When there is no beneficiary designated or surviving at the | 6 |
| death of the
guardsman killed while on duty and no surviving | 7 |
| spouse,
descendant, parent, dependent brother or sister, or | 8 |
| dependent
descendant
of a brother or sister, no compensation | 9 |
| shall be payable under this Act.
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| No part of such compensation may be paid to any other | 11 |
| person for any
efforts in securing such compensation.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| Section 10. The Court of Claims Act is amended by changing | 14 |
| Sections 8 and 21
as follows:
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| (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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| Sec. 8. Court of Claims jurisdiction. The court shall have | 17 |
| exclusive
jurisdiction to hear and determine the following | 18 |
| matters:
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| (a) All claims against the State founded upon any law of | 20 |
| the State of
Illinois or upon any regulation adopted thereunder | 21 |
| by an executive or
administrative officer or agency; provided, | 22 |
| however, the court shall not have
jurisdiction (i) to hear or | 23 |
| determine claims arising under
the Workers' Compensation Act or | 24 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 25 |
| in civil litigation, or (ii) to review administrative
decisions | 26 |
| for which a statute provides that review shall be in the | 27 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 29 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 31 |
| in prisons
of this State where the persons imprisoned shall | 32 |
| receive a pardon from
the governor stating that such pardon is | 33 |
| issued on the ground of
innocence of the crime for which they | 34 |
| were imprisoned; provided, the
court shall make no award in |
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| excess of the following amounts: for
imprisonment of 5 years or | 2 |
| less, not more than $15,000; for imprisonment
of 14 years or | 3 |
| less but over 5 years, not more than $30,000; for
imprisonment | 4 |
| of over 14 years, not more than $35,000; and provided
further, | 5 |
| the court shall fix attorney's fees not to exceed 25% of the | 6 |
| award
granted. On December 31, 1996, the court shall make a | 7 |
| one-time adjustment in the maximum awards
authorized by this | 8 |
| subsection (c), to reflect the increase in the cost of
living | 9 |
| from the year in which these maximum awards were last adjusted | 10 |
| until
1996, but with no annual increment exceeding 5%. | 11 |
| Thereafter, the court shall
annually adjust the maximum awards | 12 |
| authorized by this subsection (c) to reflect
the increase, if | 13 |
| any, in the Consumer Price Index For All Urban Consumers for
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| the previous calendar year, as determined by the United States | 15 |
| Department of
Labor, except that no annual increment may exceed | 16 |
| 5%. For both the one-time
adjustment and the subsequent annual | 17 |
| adjustments, if the Consumer Price Index
decreases during a | 18 |
| calendar year, there shall be no adjustment for that
calendar | 19 |
| year. The changes made by Public Act 89-689 apply to all claims | 20 |
| filed on or after January 1, 1995 that
are pending on December | 21 |
| 31, 1996 and all claims filed on or after December 31, 1996.
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| (d) All claims against the State for damages in cases | 23 |
| sounding in tort, if
a like cause of action would lie against a | 24 |
| private person or corporation in a
civil suit, and all like | 25 |
| claims sounding in tort against the Medical Center
Commission, | 26 |
| the Board of Trustees of the University of Illinois, the Board | 27 |
| of
Trustees of Southern Illinois University, the Board of | 28 |
| Trustees of Chicago
State University, the Board of Trustees of | 29 |
| Eastern Illinois University, the
Board of Trustees of Governors | 30 |
| State University, the Board of Trustees of
Illinois State | 31 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 33 |
| University, the Board
of Trustees of Western Illinois | 34 |
| University, or the Board of Trustees of the
Illinois | 35 |
| Mathematics and Science Academy; provided, that an award for | 36 |
| damages
in a case sounding in tort, other than certain cases |
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| involving the operation
of a State vehicle described in this | 2 |
| paragraph, shall not exceed the sum of
$100,000 to or for the | 3 |
| benefit of
any claimant. The $100,000 limit prescribed by this | 4 |
| Section does not
apply to an award of damages in any case | 5 |
| sounding in tort arising out of
the operation by a State | 6 |
| employee of a vehicle owned, leased or
controlled by the State. | 7 |
| The defense that the State or the Medical
Center Commission or | 8 |
| the Board of Trustees of the University of Illinois, the
Board | 9 |
| of Trustees of Southern Illinois University, the Board of | 10 |
| Trustees of
Chicago State University, the Board of Trustees of | 11 |
| Eastern Illinois University,
the Board of Trustees of Governors | 12 |
| State University, the Board of Trustees of
Illinois State | 13 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 15 |
| University, the Board of
Trustees of Western Illinois | 16 |
| University, or the Board of Trustees of the
Illinois | 17 |
| Mathematics and Science Academy is not liable for the | 18 |
| negligence of
its officers, agents, and employees in the course | 19 |
| of their employment is not
applicable to the hearing and | 20 |
| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois | 22 |
| against
any claimant.
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| (f) All claims pursuant to the Line of Duty
Law Enforcement | 24 |
| Officers,
Civil Defense
Workers, Civil Air Patrol Members, | 25 |
| Paramedics, Firemen, Chaplains, and
State Employees
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| Compensation
Act.
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| (g) All claims filed pursuant to the Crime Victims | 28 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 30 |
| Guardsman's Compensation
Act.
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| (i) All claims authorized by subsection (a) of Section | 32 |
| 10-55 of the Illinois
Administrative Procedure Act for the | 33 |
| expenses incurred by a party in a
contested case on the | 34 |
| administrative level.
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| (Source: P.A. 89-4, eff. 1-1-96; 89-689, eff. 12-31-96; 90-492, | 36 |
| eff.
8-17-97.)
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| (705 ILCS 505/21)
(from Ch. 37, par. 439.21)
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| Sec. 21. The court is authorized to impose, by uniform | 3 |
| rules, a fee of $15
for the filing of a petition in any case in | 4 |
| which the award sought is more
than $50 and less than $1,000 | 5 |
| and $35 in any case in which the award sought
is $1,000 or | 6 |
| more; and to charge and collect for copies of opinions or
other | 7 |
| documents filed in the Court of Claims such fees as may be | 8 |
| prescribed
by the rules of the Court. All fees and charges so | 9 |
| collected shall be
forthwith paid into the State Treasury.
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| A petitioner who is a prisoner in an Illinois Department of | 11 |
| Corrections
facility who files a pleading, motion, or other | 12 |
| filing that purports to be a
legal document against the State, | 13 |
| the
Illinois Department of Corrections, the Prisoner Review | 14 |
| Board, or any of their
officers or employees in which the
court | 15 |
| makes a specific finding that it is frivolous shall pay all | 16 |
| filing fees
and court costs
in the manner provided in Article | 17 |
| XXII of the Code of Civil Procedure.
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| In claims based upon lapsed appropriations or lost warrant | 19 |
| or in claims
filed
under the Line of Duty
Law Enforcement | 20 |
| Officers, Civil Defense Workers,
Civil Air Patrol
Members, | 21 |
| Paramedics, Firemen, Chaplains, and State Employees
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| Compensation Act,
the Illinois
National Guardsman's | 23 |
| Compensation Act, or the Crime
Victims Compensation Act or in | 24 |
| claims filed by medical vendors for medical
services rendered | 25 |
| by the claimant to persons eligible for Medical Assistance
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| under programs administered by the Illinois Department of | 27 |
| Public Aid, no filing
fee shall be required.
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| (Source: P.A. 90-492, eff. 8-17-97; 90-505, eff. 8-19-97; | 29 |
| 90-655, eff.
7-30-98.)
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| Section 15. The Good Samaritan Act is amended by changing
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| Section 70 as follows:
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| (745 ILCS 49/70)
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| Sec. 70. Law enforcement officers or firemen; exemption |
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| from
civil liability for emergency care.
Any law enforcement | 2 |
| officer or fireman as defined in Section 2 of the
Line of Duty
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| Law Enforcement Officers, Civil Defense Workers, Civil Air
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| Patrol Members,
Paramedics, Firemen, Chaplains, and State | 5 |
| Employees Compensation Act,
who in good faith
provides | 6 |
| emergency care without fee to any person shall not, as a result | 7 |
| of
his or her acts or omissions, except willful and wanton | 8 |
| misconduct on the
part of
the person, in providing the care, be | 9 |
| liable to a person to whom such
care is provided for civil | 10 |
| damages.
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| (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
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| Section 20. The Law Enforcement Officers, Civil Defense | 13 |
| Workers, Civil Air
Patrol Members, Paramedics, Firemen, | 14 |
| Chaplains, and State Employees
Compensation Act is amended by | 15 |
| changing Sections 1, 2, 3, and 4 as follows:
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| (820 ILCS 315/1)
(from Ch. 48, par. 281)
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| Sec. 1. This Act shall be known and may be cited as the | 18 |
| Line of Duty
"Law Enforcement
Officers, Civil Defense Workers, | 19 |
| Civil Air Patrol Members, Paramedics,
Firemen, Chaplains, and | 20 |
| State Employees
Compensation Act " .
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| (Source: P.A. 89-323, eff. 1-1-96.)
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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 | 24 |
| requires:
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| (a) "Law enforcement officer" or "officer" means any person | 26 |
| employed
by the State or a local governmental entity as a | 27 |
| policeman, peace
officer, auxiliary policeman or in some like | 28 |
| position involving the
enforcement of the law and protection of | 29 |
| the public interest at the risk of
that person's life. This | 30 |
| includes supervisors, wardens, superintendents and
their | 31 |
| assistants, guards and keepers, correctional officers, youth
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| supervisors, parole agents, school teachers and correctional | 33 |
| counsellors
in all facilities of both the Juvenile and Adult |
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| Divisions of the
Department of Corrections, while within the | 2 |
| facilities under the control
of the Department of Corrections | 3 |
| or in the act of transporting inmates
or wards from one | 4 |
| location to another or while performing their official
duties, | 5 |
| and all other Department of Correction employees who have daily
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| contact with inmates.
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| The death of the foregoing employees of the Department of | 8 |
| Corrections
in order to be included herein must be by the | 9 |
| direct or indirect willful
act of an inmate, ward, | 10 |
| work-releasee, parolee, parole violator, person
under | 11 |
| conditional release, or any person sentenced or committed, or
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| otherwise subject to confinement in or to the Department of | 13 |
| Corrections.
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| (b) "Fireman" means any person employed by the State or a | 15 |
| local
governmental entity as, or otherwise serving as, a member | 16 |
| or officer of
a fire department either for the purpose of the | 17 |
| prevention or control of fire
or the underwater recovery of | 18 |
| drowning victims, including volunteer firemen.
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| (c) "Local governmental entity" includes counties, | 20 |
| municipalities
and municipal corporations.
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| (d) "State" means the State of Illinois and its | 22 |
| departments,
divisions, boards, bureaus, commissions, | 23 |
| authorities and colleges and
universities.
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| (e) "Killed in the line of duty" means losing one's life as | 25 |
| a result
of injury received in the active performance of duties | 26 |
| as a law
enforcement officer, civil defense worker, civil air | 27 |
| patrol member,
paramedic, fireman, or chaplain if the death | 28 |
| occurs within
one year from the date
the injury was received | 29 |
| and if that injury arose from violence or other
accidental | 30 |
| cause. In the case of a State employee, "killed in the line
of | 31 |
| duty" means losing one's life as a result of injury received in | 32 |
| the
active performance of one's duties as a State employee, if | 33 |
| the death occurs
within one year from the date the injury was | 34 |
| received and if that injury
arose from a willful act of | 35 |
| violence by another State employee committed
during such other | 36 |
| employee's course of employment and after January 1,
1988. The |
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| term excludes death resulting from the willful
misconduct or | 2 |
| intoxication of the officer, civil defense worker, civil
air | 3 |
| patrol member, paramedic, fireman, chaplain, or State | 4 |
| employee.
However,
the burden of proof of
such willful | 5 |
| misconduct or intoxication of the officer, civil defense
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| worker, civil air patrol member, paramedic,
fireman, chaplain, | 7 |
| or State employee is on the Attorney
General. Subject to the | 8 |
| conditions set forth in subsection (a) with
respect to | 9 |
| inclusion under this Act of Department of Corrections employees
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| described in that subsection, for the purposes of this Act, | 11 |
| instances in
which a law enforcement officer receives an injury | 12 |
| in the active
performance of duties as a law enforcement | 13 |
| officer include but are not
limited to instances when:
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| (1) the injury is received as a result of a wilful act | 15 |
| of violence
committed other than by the officer and a | 16 |
| relationship exists between the
commission of such act and | 17 |
| the officer's
performance of his duties as a law | 18 |
| enforcement officer, whether or not the
injury is received | 19 |
| 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 | 21 |
| officer is
attempting to prevent the commission of a | 22 |
| criminal act by another or
attempting to apprehend an | 23 |
| individual the officer suspects has committed a
crime, | 24 |
| whether or not the injury is received while the officer is | 25 |
| on duty
as a law enforcement officer;
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| (3) the injury is received by the officer while the | 27 |
| officer is
travelling to or from his employment as a law | 28 |
| enforcement officer or during
any meal break, or other | 29 |
| break, which takes place during the period in
which the | 30 |
| officer is on duty as a law enforcement officer.
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| In the case of an Armed Forces member, "killed in the line | 32 |
| of duty" means
losing one's life while on active duty in | 33 |
| connection with Operation Enduring Freedom or Operation Iraqi | 34 |
| Freedom.
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| (f) "Volunteer fireman" means a person having principal | 36 |
| employment
other than as a fireman, but who is carried on the |
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| rolls of a regularly
constituted fire department either for the | 2 |
| purpose of the prevention or
control of fire or the underwater | 3 |
| recovery of drowning victims, the members
of which are under | 4 |
| the
jurisdiction of the corporate authorities of a city, | 5 |
| village,
incorporated town, or fire protection district, and | 6 |
| includes a volunteer
member of a fire department organized | 7 |
| under the "General Not for Profit
Corporation Act", approved | 8 |
| July 17, 1943, as now or hereafter amended,
which is under | 9 |
| contract with any city, village, incorporated town, fire
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| protection district, or persons residing therein, for fire | 11 |
| fighting
services. "Volunteer fireman" does not mean an | 12 |
| individual who
volunteers assistance without being regularly | 13 |
| enrolled as a fireman.
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| (g) "Civil defense worker" means any person employed by the | 15 |
| State or
a local governmental entity as, or otherwise serving | 16 |
| as, a member of a
civil defense work force, including volunteer | 17 |
| civil defense work forces
engaged in serving the public | 18 |
| interest during periods of disaster,
whether natural or | 19 |
| man-made.
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| (h) "Civil air patrol member" means any person employed by | 21 |
| the State
or a local governmental entity as, or otherwise | 22 |
| serving as, a member of
the organization commonly known as the | 23 |
| "Civil Air Patrol", including
volunteer members of the | 24 |
| organization commonly known as the "Civil Air Patrol".
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| (i) "Paramedic" means an Emergency Medical | 26 |
| Technician-Paramedic certified by
the Illinois Department of | 27 |
| Public Health under the Emergency Medical
Services (EMS) | 28 |
| Systems Act, and all other emergency medical personnel
| 29 |
| certified by the Illinois Department of Public Health who are | 30 |
| members of an
organized body or not-for-profit corporation | 31 |
| under the jurisdiction of
a city, village, incorporated town, | 32 |
| fire protection district or county, that
provides emergency | 33 |
| medical treatment to persons of a defined geographical area.
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| (j) "State employee" means any employee as defined in | 35 |
| Section
14-103.05 of the Illinois Pension Code, as now or | 36 |
| hereafter amended.
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| (k) "Chaplain" means an individual who:
| 2 |
| (1) is a chaplain of (i) a fire
department or (ii) a | 3 |
| police department
or other agency
consisting of law | 4 |
| enforcement officers; and
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| (2) has been designated a chaplain by (i) the
fire | 6 |
| department, police department, or other agency or an | 7 |
| officer
or body having jurisdiction over the department or | 8 |
| agency or (ii) a labor
organization representing the | 9 |
| firemen or law enforcement officers.
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| (l) "Armed Forces member" means an Illinois resident who | 11 |
| is: a member of
the
Armed Forces of the United States; a member | 12 |
| of the Illinois National Guard
while on active military service | 13 |
| pursuant to an order of the President of the
United States; or | 14 |
| a member of any reserve component of the Armed Forces of the
| 15 |
| United States while on active military service pursuant to an | 16 |
| order of the
President of the United States.
| 17 |
| (Source: P.A. 89-323, eff. 1-1-96.)
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| (820 ILCS 315/3)
(from Ch. 48, par. 283)
| 19 |
| Sec. 3. Duty death benefit. If a claim therefor is made | 20 |
| within one
year of the date of death of a law enforcement | 21 |
| officer, civil
defense worker, civil air patrol member, | 22 |
| paramedic, fireman, chaplain, or
State employee , or Armed | 23 |
| Forces member killed in the line of duty,
compensation shall be | 24 |
| paid to the person designated by the law
enforcement officer, | 25 |
| civil defense worker, civil air patrol member, paramedic,
| 26 |
| fireman, chaplain, or State employee , or Armed Forces member. | 27 |
| However, if the Armed Forces member was killed in the line of | 28 |
| duty before
the effective date of this amendatory Act of the | 29 |
| 93rd General Assembly, the
claim must be made within one year | 30 |
| of the effective date of this amendatory Act
of the 93rd | 31 |
| General Assembly .
| 32 |
| The amount of compensation shall be $10,000 if the death in | 33 |
| the
line of duty occurred prior to January 1, 1974; $20,000 if
| 34 |
| such death occurred after December 31, 1973 and before July 1, | 35 |
| 1983;
$50,000 if such death occurred on or after July 1, 1983 |
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| and before January 1,
1996; $100,000 if the death occurred on | 2 |
| or after January 1, 1996 and
before May 18, 2001; $118,000 if | 3 |
| the death occurred on or after May
18, 2001 and before the | 4 |
| effective date of this amendatory Act of the 92nd
General | 5 |
| Assembly; and $259,038 if the death occurs on or after the | 6 |
| effective
date of this amendatory Act of the 92nd General | 7 |
| Assembly and before January
1, 2003.
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| For deaths occurring on or after January 1, 2003, the death
| 9 |
| compensation rate for death in the line of duty occurring in a | 10 |
| particular
calendar year shall be the death compensation rate | 11 |
| for death occurring in the
previous calendar year (or in the | 12 |
| case of deaths occurring in 2003, the rate
in effect on | 13 |
| December 31, 2002) increased by a percentage thereof equal to
| 14 |
| the percentage increase, if any, in the index known as the | 15 |
| Consumer Price
Index for All Urban Consumers: U.S. city | 16 |
| average, unadjusted, for all items,
as published by the United | 17 |
| States Department of Labor, Bureau of Labor
Statistics, for the | 18 |
| 12 months ending with the month of June of that previous
| 19 |
| calendar year.
| 20 |
| If no beneficiary is designated or surviving at the death | 21 |
| of the law
enforcement officer, civil defense worker, civil air | 22 |
| patrol member,
paramedic, fireman, chaplain, or State | 23 |
| employee , or Armed Forces member
killed in the line of
duty, | 24 |
| the compensation shall be paid as follows:
| 25 |
| (a) when there is a surviving spouse, the entire sum | 26 |
| shall be paid to
the spouse;
| 27 |
| (b) when there is no surviving spouse, but a surviving | 28 |
| descendant of the
decedent, the entire sum shall be paid to | 29 |
| the decedent's descendants per
stirpes;
| 30 |
| (c) when there is neither a surviving spouse nor a | 31 |
| surviving descendant,
the entire sum shall be paid to the | 32 |
| parents of the decedent in equal parts,
allowing to the | 33 |
| surviving parent, if one is dead, the entire sum; and
| 34 |
| (d) when there is no surviving spouse, descendant or | 35 |
| parent of the
decedent, but there are surviving brothers or | 36 |
| sisters, or descendants of a
brother or sister, who were |
|
|
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| 1 |
| receiving their principal support from the
decedent at his | 2 |
| death, the entire sum shall be paid, in equal parts, to the
| 3 |
| dependent brothers or sisters or dependent descendant of a | 4 |
| brother or
sister. Dependency shall be determined by the | 5 |
| Court of Claims based upon
the investigation and report of | 6 |
| the Attorney General.
| 7 |
| When there is no beneficiary designated or surviving at the | 8 |
| death of the
law enforcement officer, civil defense worker, | 9 |
| civil air patrol member,
paramedic, fireman, chaplain, or State | 10 |
| employee , or Armed Forces member
killed in the line of duty
and | 11 |
| no surviving spouse, descendant, parent, dependent brother or | 12 |
| sister, or
dependent descendant of a brother or sister, no | 13 |
| compensation shall be payable
under this Act.
| 14 |
| No part of such compensation may be paid to any other | 15 |
| person for any
efforts in securing such compensation.
| 16 |
| (Source: P.A. 92-3, eff. 5-18-01; 92-609, eff. 7-1-02.)
| 17 |
| (820 ILCS 315/4)
(from Ch. 48, par. 284)
| 18 |
| Sec. 4. Notwithstanding
Section 3, no compensation is | 19 |
| payable under this Act
unless a claim therefor is filed, within | 20 |
| the time specified by that
Section with the Court of Claims on | 21 |
| an application prescribed and
furnished by the Attorney General | 22 |
| and setting forth:
| 23 |
| (a) the name, address and title or designation of the | 24 |
| position in which
the officer, civil defense worker, civil air | 25 |
| patrol member, paramedic,
fireman, chaplain, or State | 26 |
| employee , or Armed Forces member was
serving at
the time of his | 27 |
| death;
| 28 |
| (b) the names and addresses of person or persons designated | 29 |
| by the
officer, civil defense worker, civil air patrol member, | 30 |
| paramedic, fireman,
chaplain,
or State employee , or Armed | 31 |
| Forces member
to receive the compensation and,
if more than | 32 |
| one, the percentage or share to be paid to each such person,
or | 33 |
| if there has been no
such designation, the name and address of | 34 |
| the personal representative of
the estate of the officer, civil | 35 |
| defense worker, civil air patrol member,
paramedic, fireman, |
|
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| chaplain, or State employee , or Armed Forces
member ;
| 2 |
| (c) a full, factual account of the circumstances resulting | 3 |
| in or the
course of events causing the death of the officer, | 4 |
| civil defense worker,
civil air patrol member, paramedic, | 5 |
| fireman, chaplain, or State employee ,
or Armed Forces member ;
| 6 |
| and
| 7 |
| (d) such other information as the Court of Claims | 8 |
| reasonably requires.
| 9 |
| When a claim is filed, the Attorney General shall make an | 10 |
| investigation
for substantiation of matters set forth in such | 11 |
| an application.
| 12 |
| (Source: P.A. 89-323, eff. 1-1-96.)
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|