Illinois General Assembly - Full Text of HB2434

LRB104 10805 SPS 20886 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2434

Introduced 2/4/2025, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.1030 new

Creates the Compassionate Support for Bereaved Mothers Act. Provides that the Act may be referred to as the Heal Your Heart Act. Defines a bereaved mother as a mother whose child was, more likely than not, knowingly killed by an unknown or other person. Provides that the Act applies to any bereaved mother whose child was, more likely than not, knowingly killed within the State and whose child was a resident of the State at the time of death. Provides that a bereaved mother shall be entitled to free mental health counseling and psychiatric services for a period of up to one year following the death of the bereaved mother's child. Provides that a bereaved mother is entitled to take paid leave after the death of the bereaved mother's child. Provides that, as federal law permits, a bereaved mother living in subsidized housing, scatter site housing, or public housing units shall be eligible for relocation to another unit if the bereaved mother feels threatened or unsafe. Provides that the Act is repealed 5 years after becoming law. Makes conforming changes to the State Finance Act. Effective January 1, 2026.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title; references to Act.

(a) Short title. This Act may be cited as the Compassionate Support for Bereaved Mothers Act.

(b) References to Act. This Act may be referred to as the Heal Your Heart Act.

Section 5. Purpose. It is the purpose of this Act to provide comprehensive support for mothers who have lost their children due to murder by ensuring they receive the necessary mental health care, leave from work, financial assistance, and safe housing options during their period of mourning.

Section 10. Definitions. In this Act:

"Bereaved mother" means a mother whose child was, more likely than not, knowingly killed by an unknown or other person.

"Child" includes a dependent adult as defined under Illinois law.

"Disability leave" means paid leave granted to an employee for a specified period due to mental health issues stemming from the traumatic loss of a child.

"Employee" means eligible employee, as defined by Section 101(2) of the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

"Housing Choice Voucher" means a voucher issued by a housing authority under Section 8 of the United States Housing Act of 1937 as part of the federal assistance program administered by the Department of Housing and Urban Development to help low-income families, the elderly, and the disabled afford safe and sanitary housing in the private market.

"Mental health support" means counseling and psychiatric services provided to bereaved mothers.

Section 15. Eligibility. This Act applies to any bereaved mother whose child was, more likely than not, knowingly killed within this State and whose child was a resident of this State at the time of death.

Section 20. Mental health support.

(a) A bereaved mother shall be entitled to free mental health counseling and psychiatric services for a period of up to one year following the death of the bereaved mother's child. The Department of Human Services shall coordinate with licensed mental health professionals and facilities to provide these services. Services may include individual therapy, group therapy, medication management, and any other necessary mental health treatment.

(b) The Department of Human Services shall adopt rules to administer and enforce this Section.

Section 25. Paid leave and financial assistance.

(a) A bereaved mother who is an employee shall be entitled to a minimum of 12 weeks of paid disability leave from any employer. During this leave, bereaved mothers shall receive compensation equivalent to their full salary.

(b) Upon a determination of medical necessity and approval by the Department of Labor in coordination with the Department of Human Services and mental health care providers, disability benefits under subsection (a) may be extended for a maximum of one year.

(c) A bereaved mother shall be entitled to an additional 10 days of paid leave immediately following the death of the bereaved mother's child.

(1) This leave is in addition to the disability leave under subsections (a) and (b).

(2) Paid leave taken under this subsection (c) may be taken consecutively or intermittently within the first year of the death of the bereaved mother's child.

(d) An employer may require reasonable documentation. Documentation may include a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. An employer may require that the documentation include the cause of death.

(e) Leave taken under this Act is mutually exclusive with leave taken under the Child Extended Bereavement Leave Act. The bereaved mother may decide which Act she takes leave under.

(f) An employer shall not terminate, demote, or otherwise penalize a bereaved mother taking disability leave under this Act.

(g) An employer shall not retaliate against a bereaved mother for taking leave under this Act.

(h) The Department of Labor shall adopt rules to administer and enforce this Section.

Section 30. Relocation support.

(a) As permitted by federal law, a bereaved mother living in subsidized housing, scattered site housing, or public housing units shall be eligible for relocation to another unit if the bereaved mother feels threatened or unsafe.

(b) As permitted by federal law, eligible bereaved mothers may receive a Housing Choice Voucher to relocate to a safer location.

(c) Temporary housing and relocation costs shall be paid by the Bereaved Mothers Fund, a special fund that is created in the State treasury. The fund shall be used to cover the costs associated with this Act and shall be funded through federal grants, private donations, and other sources.

(d) The Department of Human Services, after consulting with the Department of Housing and Urban Development, shall adopt rules to administer and enforce this Section.

Section 35. Annual report. Before December 31, 2026, and each year thereafter, the Department of Human Services and the Department of Labor shall jointly submit an annual report to the Governor and the General Assembly detailing the implementation, usage, and effectiveness of this Act.

Section 90. Repealer. This Act is repealed 5 years after becoming law.

Section 900. The State Finance Act is amended by adding Section 5.1030 as follows:

(30 ILCS 105/5.1030 new)

Sec. 5.1030. The Bereaved Mothers Fund.

Section 999. Effective date. This Act takes effect January 1, 2026.