Public Act 102-0221
 
SB1681 EnrolledLRB102 14162 KMF 19514 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. For the purposes of this Act, "law 
enforcement officer" or "officer" also means a probation 
officer, as defined in Section 9b of the Probation and 
Probation Officers Act. 
    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, 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. 100-226, eff. 8-18-17.)