Full Text of SB0860 100th General Assembly
SB0860 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0860 Introduced 2/7/2017, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED: |
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820 ILCS 315/2 |
from Ch. 48, par. 282 |
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Amends the Line of Duty Compensation Act. Changes the definition of "killed in the line of duty" to include losing one's life while on active duty in connection with, among other | | | | | | operations, Operation Freedom's Sentinel, Operation New Dawn, and Operation Inherent Resolve. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Line of Duty Compensation Act is amended by | 5 | | changing Section 2 as follows:
| 6 | | (820 ILCS 315/2)
(from Ch. 48, par. 282)
| 7 | | Sec. 2. As used in this Act, unless the context otherwise | 8 | | requires:
| 9 | | (a) "Law enforcement officer" or "officer" means any person | 10 | | employed
by the State or a local governmental entity as a | 11 | | policeman, peace
officer, auxiliary policeman or in some like | 12 | | position involving the
enforcement of the law and protection of | 13 | | the public interest at the risk of
that person's life. This | 14 | | includes supervisors, wardens, superintendents and
their | 15 | | assistants, guards and keepers, correctional officers, youth
| 16 | | supervisors, parole agents, aftercare specialists, school | 17 | | teachers and correctional counsellors
in all facilities of both | 18 | | the
Department of Corrections and the Department of Juvenile | 19 | | Justice, while within the facilities under the control
of the | 20 | | Department of Corrections or the Department of Juvenile Justice | 21 | | or in the act of transporting inmates
or wards from one | 22 | | location to another or while performing their official
duties, | 23 | | and all other Department of Correction or Department of |
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| 1 | | Juvenile Justice employees who have daily
contact with inmates.
| 2 | | The death of the foregoing employees of the Department of | 3 | | Corrections or the Department of Juvenile Justice
in order to | 4 | | be included herein must be by the direct or indirect willful
| 5 | | act of an inmate, ward, work-releasee, parolee, aftercare | 6 | | releasee, parole violator, aftercare release violator, person
| 7 | | under conditional release, or any person sentenced or | 8 | | committed, or
otherwise subject to confinement in or to the | 9 | | Department of Corrections or the Department of Juvenile | 10 | | Justice.
| 11 | | (b) "Fireman" means any person employed by the State or a | 12 | | local
governmental entity as, or otherwise serving as, a member | 13 | | or officer of
a fire department either for the purpose of the | 14 | | prevention or control of fire
or the underwater recovery of | 15 | | drowning victims, including volunteer firemen.
| 16 | | (c) "Local governmental entity" includes counties, | 17 | | municipalities
and municipal corporations.
| 18 | | (d) "State" means the State of Illinois and its | 19 | | departments,
divisions, boards, bureaus, commissions, | 20 | | authorities and colleges and
universities.
| 21 | | (e) "Killed in the line of duty" means losing one's life as | 22 | | a result
of injury received in the active performance of duties | 23 | | as a law
enforcement officer, civil defense worker, civil air | 24 | | patrol member,
paramedic, fireman, or chaplain if the death | 25 | | occurs within
one year from the date
the injury was received | 26 | | and if that injury arose from violence or other
accidental |
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| 1 | | cause. In the case of a State employee, "killed in the line
of | 2 | | duty" means losing one's life as a result of injury received in | 3 | | the
active performance of one's duties as a State employee, if | 4 | | the death occurs
within one year from the date the injury was | 5 | | received and if that injury
arose from a willful act of | 6 | | violence by another State employee committed
during such other | 7 | | employee's course of employment and after January 1,
1988. The | 8 | | term excludes death resulting from the willful
misconduct or | 9 | | intoxication of the officer, civil defense worker, civil
air | 10 | | patrol member, paramedic, fireman, chaplain, or State | 11 | | employee.
However,
the burden of proof of
such willful | 12 | | misconduct or intoxication of the officer, civil defense
| 13 | | worker, civil air patrol member, paramedic,
fireman, chaplain, | 14 | | or State employee is on the Attorney
General. Subject to the | 15 | | conditions set forth in subsection (a) with
respect to | 16 | | inclusion under this Act of Department of Corrections and | 17 | | Department of Juvenile Justice employees
described in that | 18 | | subsection, for the purposes of this Act, instances in
which a | 19 | | law enforcement officer receives an injury in the active
| 20 | | performance of duties as a law enforcement officer include but | 21 | | are not
limited to instances when:
| 22 | | (1) the injury is received as a result of a wilful act | 23 | | of violence
committed other than by the officer and a | 24 | | relationship exists between the
commission of such act and | 25 | | the officer's
performance of his duties as a law | 26 | | enforcement officer, whether or not the
injury is received |
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| 1 | | while the officer is on duty as a law enforcement officer;
| 2 | | (2) the injury is received by the officer while the | 3 | | officer is
attempting to prevent the commission of a | 4 | | criminal act by another or
attempting to apprehend an | 5 | | individual the officer suspects has committed a
crime, | 6 | | whether or not the injury is received while the officer is | 7 | | on duty
as a law enforcement officer;
| 8 | | (3) the injury is received by the officer while the | 9 | | officer is
travelling to or from his employment as a law | 10 | | enforcement officer or during
any meal break, or other | 11 | | break, which takes place during the period in
which the | 12 | | officer is on duty as a law enforcement officer.
| 13 | | In the case of an Armed Forces member, "killed in the line | 14 | | of duty" means
losing one's life while on active duty in | 15 | | connection with the September 11, 2001 terrorist attacks on the | 16 | | United States, Operation Enduring Freedom, Operation Freedom's | 17 | | Sentinel, or Operation Iraqi Freedom , Operation New Dawn, or | 18 | | Operation Inherent Resolve .
| 19 | | (f) "Volunteer fireman" means a person having principal | 20 | | employment
other than as a fireman, but who is carried on the | 21 | | rolls of a regularly
constituted fire department either for the | 22 | | purpose of the prevention or
control of fire or the underwater | 23 | | recovery of drowning victims, the members
of which are under | 24 | | the
jurisdiction of the corporate authorities of a city, | 25 | | village,
incorporated town, or fire protection district, and | 26 | | includes a volunteer
member of a fire department organized |
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| 1 | | under the "General Not for Profit
Corporation Act", approved | 2 | | July 17, 1943, as now or hereafter amended,
which is under | 3 | | contract with any city, village, incorporated town, fire
| 4 | | protection district, or persons residing therein, for fire | 5 | | fighting
services. "Volunteer fireman" does not mean an | 6 | | individual who
volunteers assistance without being regularly | 7 | | enrolled as a fireman.
| 8 | | (g) "Civil defense worker" means any person employed by the | 9 | | State or
a local governmental entity as, or otherwise serving | 10 | | as, a member of a
civil defense work force, including volunteer | 11 | | civil defense work forces
engaged in serving the public | 12 | | interest during periods of disaster,
whether natural or | 13 | | man-made.
| 14 | | (h) "Civil air patrol member" means any person employed by | 15 | | the State
or a local governmental entity as, or otherwise | 16 | | serving as, a member of
the organization commonly known as the | 17 | | "Civil Air Patrol", including
volunteer members of the | 18 | | organization commonly known as the "Civil Air Patrol".
| 19 | | (i) "Paramedic" means an Emergency Medical | 20 | | Technician-Paramedic certified by
the Illinois Department of | 21 | | Public Health under the Emergency Medical
Services (EMS) | 22 | | Systems Act, and all other emergency medical personnel
| 23 | | certified by the Illinois Department of Public Health who are | 24 | | members of an
organized body or not-for-profit corporation | 25 | | under the jurisdiction of
a city, village, incorporated town, | 26 | | fire protection district or county, that
provides emergency |
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| 1 | | medical treatment to persons of a defined geographical area.
| 2 | | (j) "State employee" means any employee as defined in | 3 | | Section
14-103.05 of the Illinois Pension Code, as now or | 4 | | hereafter amended.
| 5 | | (k) "Chaplain" means an individual who:
| 6 | | (1) is a chaplain of (i) a fire
department or (ii) a | 7 | | police department
or other agency
consisting of law | 8 | | enforcement officers; and
| 9 | | (2) has been designated a chaplain by (i) the
fire | 10 | | department, police department, or other agency or an | 11 | | officer
or body having jurisdiction over the department or | 12 | | agency or (ii) a labor
organization representing the | 13 | | firemen or law enforcement officers.
| 14 | | (l) "Armed Forces member" means an Illinois resident who | 15 | | is: a member of
the
Armed Forces of the United States; a member | 16 | | of the Illinois National Guard
while on active military service | 17 | | pursuant to an order of the President of the
United States; or | 18 | | a member of any reserve component of the Armed Forces of the
| 19 | | United States while on active military service pursuant to an | 20 | | order of the
President of the United States.
| 21 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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