Public Act 100-0226
 
SB0860 EnrolledLRB100 07011 HEP 17065 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Line of Duty Compensation Act is amended  by 
changing Section 2 as follows:
 


    (820 ILCS 315/2)
  (from Ch. 48, par. 282)



    Sec. 2. As used in this Act, unless the context otherwise 
requires: 

    (a) "Law enforcement officer" or "officer" means any person 
employed
by the State or a local governmental entity as a 
policeman, peace
officer, auxiliary policeman or in some like 
position involving the
enforcement of the law and protection of 
the public interest at the risk of
that person's life. This 
includes supervisors, wardens, superintendents and
their 
assistants, guards and keepers, correctional officers, youth

supervisors, parole agents, aftercare specialists, school 
teachers and correctional counsellors
in all facilities of both 
the
Department of Corrections and the Department of Juvenile 
Justice, while within the facilities under the control
of the 
Department of Corrections or the Department of Juvenile Justice 
or in the act of transporting inmates
or wards from one 
location to another or while performing their official
duties, 
and all other Department of Correction or Department of 
Juvenile Justice employees who have daily
contact with inmates.

    The death of the foregoing employees of the Department of 
Corrections or the Department of Juvenile Justice
in order to 
be included herein must be by the direct or indirect willful

act of an inmate, ward, work-releasee, parolee, aftercare 
releasee, parole violator, aftercare release violator, person

under conditional release, or any person sentenced or 
committed, or
otherwise subject to confinement in or to the 
Department of Corrections or the Department of Juvenile 
Justice.

    (b) "Fireman" means any person employed by the State or a 
local
governmental entity as, or otherwise serving as, a member 
or officer of
a fire department either for the purpose of the 
prevention or control of fire
or the underwater recovery of 
drowning victims, including volunteer firemen.

    (c) "Local governmental entity" includes counties, 
municipalities
and municipal corporations.

    (d) "State" means the State of Illinois and its 
departments,
divisions, boards, bureaus, commissions, 
authorities and colleges and
universities.

    (e) "Killed in the line of duty" means losing one's life as 
a result
of injury received in the active performance of duties 
as a law
enforcement officer, civil defense worker, civil air 
patrol member,
paramedic, fireman, or chaplain if the death 
occurs within
one year from the date
the injury was received 
and if that injury arose from violence or other
accidental 
cause.  In the case of a State employee, "killed in the line
of 
duty" means losing one's life as a result of injury received in 
the
active performance of one's duties as a State employee, if 
the death occurs
within one year from the date the injury was 
received and if that injury
arose from a willful act of 
violence by another State employee committed
during such other 
employee's course of employment and after January 1,
1988.  The 
term excludes death resulting from the willful
misconduct or 
intoxication of the officer, civil defense worker, civil
air 
patrol member, paramedic, fireman, chaplain, or State 
employee.
However,
the burden of proof of
such willful 
misconduct or intoxication of the officer, civil defense

worker, civil air patrol member, paramedic,
fireman, chaplain, 
or State employee is on the Attorney
General. Subject to the 
conditions set forth in subsection (a) with
respect to 
inclusion under this Act of Department of Corrections and 
Department of Juvenile Justice employees
described in that 
subsection, for the purposes of this Act, instances in
which a 
law enforcement officer receives an injury in the active

performance of duties as a law enforcement officer include but 
are not
limited to instances when:


        (1) the injury is received as a result of a wilful act 
    of violence
committed other than by the officer and a 
    relationship exists between the
commission of such act and 
    the officer's
performance of his duties as a law 
    enforcement officer, whether or not the
injury is received 
    while the officer is on duty as a law enforcement officer;


        (2) the injury is received by the officer while the 
    officer is
attempting to prevent the commission of a 
    criminal act by another or
attempting to apprehend an 
    individual the officer suspects has committed a
crime, 
    whether or not the injury is received while the officer is 
    on duty
as a law enforcement officer;


        (3) the injury is received by the officer while the 
    officer is
travelling to or from his employment as a law 
    enforcement officer or during
any meal break, or other 
    break, which takes place during the period in
which the 
    officer is on duty as a law enforcement officer.

    In the case of an Armed Forces member, "killed in the line 
of duty" means
losing one's life while on active duty in 
connection with the September 11, 2001 terrorist attacks on the 
United States, Operation Enduring Freedom, Operation Freedom's 
Sentinel, or Operation Iraqi Freedom, Operation New Dawn, or 
Operation Inherent Resolve.

    (f) "Volunteer fireman" means a person having principal 
employment
other than as a fireman, but who is carried on the 
rolls of a regularly
constituted fire department either for the 
purpose of the prevention or
control of fire or the underwater 
recovery of drowning victims, the members
of which are under 
the
jurisdiction of the corporate authorities of a city, 
village,
incorporated town, or fire protection district, and 
includes a volunteer
member of a fire department organized 
under the "General Not for Profit
Corporation Act", approved 
July 17, 1943, as now or hereafter amended,
which is under 
contract with any city, village, incorporated town, fire

protection district, or persons residing therein, for fire 
fighting
services.   "Volunteer fireman" does not mean an 
individual who
volunteers assistance without being regularly 
enrolled as a fireman.

    (g) "Civil defense worker" means any person employed by the 
State or
a local governmental entity as, or otherwise serving 
as, a member of a
civil defense work force, including volunteer 
civil defense work forces
engaged in serving the public 
interest during periods of disaster,
whether natural or 
man-made.

    (h) "Civil air patrol member" means any person employed by 
the State
or a local governmental entity as, or otherwise 
serving as, a member of
the organization commonly known as the 
"Civil Air Patrol", including
volunteer members of the 
organization commonly known as the "Civil Air Patrol".

    (i) "Paramedic" means an Emergency Medical 
Technician-Paramedic certified by
the Illinois Department of 
Public Health under the Emergency Medical
Services (EMS) 
Systems Act, and all other emergency medical personnel

certified by the Illinois Department of Public Health who are 
members of an
organized body or not-for-profit corporation 
under the jurisdiction of
a city, village, incorporated town, 
fire protection district or county, that
provides emergency 
medical treatment to persons of a defined geographical area.

    (j) "State employee" means any employee as defined in 
Section
14-103.05 of the Illinois Pension Code, as now or 
hereafter amended.

    (k) "Chaplain" means an individual who:


        (1) is a chaplain of (i) a fire
department or (ii) a 
    police department
or other agency
consisting of law 
    enforcement officers; and


        (2) has been designated a chaplain by (i) the
fire 
    department, police department, or other agency or an 
    officer
or body having jurisdiction over the department or 
    agency or (ii) a labor
organization representing the 
    firemen or law enforcement officers.

    (l) "Armed Forces member" means an Illinois resident who 
is: a member of
the
Armed Forces of the United States; a member 
of the Illinois National Guard
while on active military service 
pursuant to an order of the President of the
United States; or 
a member of 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.

(Source: P.A. 98-558, eff. 1-1-14.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.