Full Text of HB4999 101st General Assembly
HB4999ham001 101ST GENERAL ASSEMBLY | Rep. Curtis J. Tarver, II Filed: 3/5/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4999
| 2 | | AMENDMENT NO. ______. Amend House Bill 4999 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 3-147 and 5-227 as follows:
| 6 | | (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
| 7 | | Sec. 3-147. Felony conviction. For a person who first | 8 | | became a police officer before the effective date of this | 9 | | amendatory Act of the 101st General Assembly, none None of the | 10 | | benefits provided in
this Article shall be paid to any person | 11 | | who is convicted of any felony
relating to or arising out of or | 12 | | in
connection with his or her service as a police officer. For | 13 | | a person who first becomes a police officer on or after the | 14 | | effective date of this amendatory Act of the 101st General | 15 | | Assembly, none of the benefits provided in this Article shall | 16 | | be paid to any person who is convicted of (i) a felony
relating |
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| 1 | | to or arising out of or in
connection with his or her service | 2 | | as a police officer or (ii) a disqualifying offense. | 3 | | None of the benefits provided for in this Article shall be | 4 | | paid to any person who otherwise would receive a survivor | 5 | | benefit who is convicted of any felony relating to or arising | 6 | | out of or in connection with the service of the police officer | 7 | | from whom the benefit results if that police officer first | 8 | | became a police officer before the effective date of this | 9 | | amendatory Act of the 101st General Assembly . With respect to | 10 | | benefits attributable to a police officer who first becomes a | 11 | | police officer on or after the effective date of this | 12 | | amendatory Act of the 101st General Assembly, none of the | 13 | | benefits provided for in this Article shall be paid to any | 14 | | person who otherwise would receive a survivor benefit who is | 15 | | convicted of (i) a felony relating to or arising out of or in | 16 | | connection with the service of the police officer from whom the | 17 | | benefit results or (ii) a disqualifying offense.
| 18 | | This Section shall not impair any contract or vested right | 19 | | acquired prior
to July 11, 1955 under any law
continued in this | 20 | | Article, nor
preclude the right to a refund, and for the | 21 | | changes under this amendatory Act of the 100th General | 22 | | Assembly, shall not impair any contract or vested right | 23 | | acquired by a survivor prior to the effective date of this | 24 | | amendatory Act of the 100th General Assembly. The changes made | 25 | | by this amendatory Act of the 101st General Assembly shall not | 26 | | impair any contract or vested right acquired by a survivor |
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| 1 | | prior to the effective date of this amendatory Act of the 101st | 2 | | General Assembly.
| 3 | | All persons entering service subsequent to July
11, 1955 | 4 | | are deemed to have consented to the provisions of this Section | 5 | | as a
condition of coverage, and all participants entering | 6 | | service subsequent to the effective date of this amendatory Act | 7 | | of the 100th General Assembly shall be deemed to have consented | 8 | | to the provisions of this amendatory Act as a condition of | 9 | | participation. All persons entering service after the | 10 | | effective date of this amendatory Act of the 101st General | 11 | | Assembly shall be deemed to have consented to the provisions of | 12 | | this amendatory Act of the 101st General Assembly as a | 13 | | condition of participation.
| 14 | | In this Section, "disqualifying offense" means any of the | 15 | | following offenses set forth in the Criminal Code of 1961 or | 16 | | the Criminal Code of 2012 or any substantially similar offense | 17 | | in federal law, the Uniform Code of Military Justice, or state | 18 | | law: | 19 | | (1) Indecent solicitation of a child. | 20 | | (2) Sexual exploitation of a child. | 21 | | (3) Custodial sexual misconduct. | 22 | | (4) Exploitation of a child. | 23 | | (5) Child pornography. | 24 | | (6) Aggravated child pornography. | 25 | | (7) First degree murder. | 26 | | (8) Second degree murder. |
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| 1 | | (9) Predatory criminal sexual assault of a child. | 2 | | (10) Aggravated criminal sexual assault. | 3 | | (11) Criminal sexual assault. | 4 | | (12) Aggravated kidnaping. | 5 | | (13) Aggravated battery resulting in great bodily harm
| 6 | | or permanent disability or disfigurement. | 7 | | (Source: P.A. 100-334, eff. 8-25-17.)
| 8 | | (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
| 9 | | Sec. 5-227. Felony conviction. For a person who first | 10 | | became a policeman before the effective date of this amendatory | 11 | | Act of the 101st General Assembly, none None of the benefits | 12 | | provided for in this
Article shall be paid to any person who is | 13 | | convicted of any felony relating
to or arising out of or in | 14 | | connection with his service as a policeman. For a person who | 15 | | first becomes a policeman on or after the effective date of | 16 | | this amendatory Act of the 101st General Assembly, none of the | 17 | | benefits provided in this Article shall be paid to any person | 18 | | who is convicted of (i) a felony
relating to or arising out of | 19 | | or in
connection with his or her service as a policeman or (ii) | 20 | | a disqualifying offense.
| 21 | | None of the benefits provided for in this Article shall be | 22 | | paid to any person who otherwise would receive a survivor | 23 | | benefit who is convicted of any felony relating to or arising | 24 | | out of or in connection with the service of the policeman from | 25 | | whom the benefit results if that policeman first became a |
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| 1 | | policeman before the effective date of this amendatory Act of | 2 | | the 101st General Assembly . With respect to benefits | 3 | | attributable to a policeman who first becomes a policeman on or | 4 | | after the effective date of this amendatory Act of the 101st | 5 | | General Assembly, none of the benefits provided for in this | 6 | | Article shall be paid to any person who otherwise would receive | 7 | | a survivor benefit who is convicted of (i) a felony relating to | 8 | | or arising out of or in connection with the service of the | 9 | | policeman from whom the benefit results or (ii) a disqualifying | 10 | | offense. | 11 | | None of the benefits provided for in this Article shall be | 12 | | paid to any
person who is convicted of any felony while in | 13 | | receipt of disability benefits.
| 14 | | None of the benefits provided for in this Article shall be | 15 | | paid to any
person who is convicted of any felony relating to | 16 | | or arising out of or in
connection with the intentional and | 17 | | wrongful death of a police officer,
either active or retired, | 18 | | through whom such person would become eligible
to receive, or | 19 | | is receiving, an annuity under this Article.
| 20 | | For a person who first became a policeman before the | 21 | | effective date of this amendatory Act of the 101st General | 22 | | Assembly, a A person who intentionally and unjustifiably causes | 23 | | delay in proceedings in which the person is ultimately | 24 | | convicted of a felony relating to or arising out of or in | 25 | | connection with his service as a policeman shall not be | 26 | | entitled to any benefits provided for in this Article on and |
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| 1 | | after the filing date of the related indictment or charges. | 2 | | This paragraph applies to all persons whose felony conviction | 3 | | was entered on or after January 1, 2019. | 4 | | For a person who first becomes a policeman on or after the | 5 | | effective date of this amendatory Act of the 101st General | 6 | | Assembly, a person who intentionally and unjustifiably causes | 7 | | delay in proceedings in which the person is ultimately | 8 | | convicted of a felony relating to or arising out of or in | 9 | | connection with his service as a policeman or a disqualifying | 10 | | offense shall not be entitled to any benefits provided for in | 11 | | this Article on and after the filing date of the related | 12 | | indictment or charges. | 13 | | Any refund required under this Article shall be calculated | 14 | | based on that person's contributions to the Fund, less the | 15 | | amount of any annuity benefit previously received by the person | 16 | | or his or her beneficiaries. This paragraph applies to all | 17 | | persons who make an application for refund to the Fund on or | 18 | | after January 1, 2019. | 19 | | This Section shall not operate to impair any contract or | 20 | | vested right heretofore
acquired under any law or laws | 21 | | continued in this Article, nor to preclude
the right to a | 22 | | refund, and for the changes under this amendatory Act of the | 23 | | 100th General Assembly, shall not impair any contract or vested | 24 | | right acquired by a survivor prior to the effective date of | 25 | | this amendatory Act of the 100th General Assembly. The changes | 26 | | made by this amendatory Act of the 101st General Assembly shall |
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| 1 | | not impair any contract or vested right acquired by a survivor | 2 | | prior to the effective date of this amendatory Act of the 101st | 3 | | General Assembly.
| 4 | | All future entrants entering service subsequent to July 11, | 5 | | 1955, shall
be deemed to have consented to the provisions of | 6 | | this Section as a
condition of coverage, and all participants | 7 | | entering service subsequent to the effective date of this | 8 | | amendatory Act of the 100th General Assembly shall be deemed to | 9 | | have consented to the provisions of this amendatory Act as a | 10 | | condition of participation. All persons entering service after | 11 | | the effective date of this amendatory Act of the 101st General | 12 | | Assembly shall be deemed to have consented to the provisions of | 13 | | this amendatory Act of the 101st General Assembly as a | 14 | | condition of participation.
| 15 | | In this Section, "disqualifying offense" means any of the | 16 | | following offenses set forth in the Criminal Code of 1961 or | 17 | | the Criminal Code of 2012 or any substantially similar offense | 18 | | in federal law, the Uniform Code of Military Justice, or state | 19 | | law: | 20 | | (1) Indecent solicitation of a child. | 21 | | (2) Sexual exploitation of a child. | 22 | | (3) Custodial sexual misconduct. | 23 | | (4) Exploitation of a child. | 24 | | (5) Child pornography. | 25 | | (6) Aggravated child pornography. | 26 | | (7) First degree murder. |
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| 1 | | (8) Second degree murder. | 2 | | (9) Predatory criminal sexual assault of a child. | 3 | | (10) Aggravated criminal sexual assault. | 4 | | (11) Criminal sexual assault. | 5 | | (12) Aggravated kidnaping. | 6 | | (13) Aggravated battery resulting in great bodily harm
| 7 | | or permanent disability or disfigurement. | 8 | | (Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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