SB0471ham003 101ST GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 5/22/2020

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 471

2    AMENDMENT NO. ______. Amend Senate Bill 471 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Employee Disability Act is amended
5by changing Section 1 as follows:
 
6    (5 ILCS 345/1)  (from Ch. 70, par. 91)
7    Sec. 1. Disability benefit.
8    (a) For the purposes of this Section, "eligible employee"
9means any part-time or full-time State correctional officer or
10any other full or part-time employee of the Department of
11Corrections, any full or part-time employee of the Prisoner
12Review Board, any full or part-time employee of the Department
13of Human Services working within a penal institution or a State
14mental health or developmental disabilities facility operated
15by the Department of Human Services, and any full-time law
16enforcement officer or full-time firefighter, including a

 

 

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1full-time paramedic or a firefighter who performs paramedic
2duties, who is employed by the State of Illinois, any unit of
3local government (including any home rule unit), any State
4supported college or university, or any other public entity
5granted the power to employ persons for such purposes by law.
6    (b) Whenever an eligible employee suffers any injury in the
7line of duty which causes him to be unable to perform his
8duties, he shall continue to be paid by the employing public
9entity on the same basis as he was paid before the injury, with
10no deduction from his sick leave credits, compensatory time for
11overtime accumulations or vacation, or service credits in a
12public employee pension fund during the time he is unable to
13perform his duties due to the result of the injury, but not
14longer than one year in relation to the same injury, except as
15otherwise provided under subsection (b-5). However, no injury
16to an employee of the Department of Corrections or the Prisoner
17Review Board working within a penal institution or an employee
18of the Department of Human Services working within a
19departmental mental health or developmental disabilities
20facility shall qualify the employee for benefits under this
21Section unless the injury is the direct or indirect result of
22violence by inmates of the penal institution or residents of
23the mental health or developmental disabilities facility.
24    (b-5) Upon the occurrence of circumstances, directly or
25indirectly attributable to COVID-19, occurring on or after
26March 9, 2020 and on or before December 31, 2020 which would

 

 

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1hinder the physical recovery from an injury of an eligible
2employee within the one-year period as required under
3subsection (b), the eligible employee shall be entitled to an
4extension of no longer than 60 days by which he or she shall
5continue to be paid by the employing public entity on the same
6basis as he or she was paid before the injury. The employing
7public entity may require proof of the circumstances hindering
8an eligible employee's physical recovery before granting the
9extension provided under this subsection (b-5).
10    (c) At any time during the period for which continuing
11compensation is required by this Act, the employing public
12entity may order at the expense of that entity physical or
13medical examinations of the injured person to determine the
14degree of disability.
15    (d) During this period of disability, the injured person
16shall not be employed in any other manner, with or without
17monetary compensation. Any person who is employed in violation
18of this paragraph forfeits the continuing compensation
19provided by this Act from the time such employment begins. Any
20salary compensation due the injured person from workers'
21compensation or any salary due him from any type of insurance
22which may be carried by the employing public entity shall
23revert to that entity during the time for which continuing
24compensation is paid to him under this Act. Any person with a
25disability receiving compensation under the provisions of this
26Act shall not be entitled to any benefits for which he would

 

 

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1qualify because of his disability under the provisions of the
2Illinois Pension Code.
3    (e) Any employee of the State of Illinois, as defined in
4Section 14-103.05 of the Illinois Pension Code, who becomes
5permanently unable to perform the duties of such employment due
6to an injury received in the active performance of his duties
7as a State employee as a result of a willful act of violence by
8another employee of the State of Illinois, as so defined,
9committed during such other employee's course of employment and
10after January 1, 1988, shall be eligible for benefits pursuant
11to the provisions of this Section. For purposes of this
12Section, permanent disability is defined as a diagnosis or
13prognosis of an inability to return to current job duties by a
14physician licensed to practice medicine in all of its branches.
15    (f) The compensation and other benefits provided to
16part-time employees covered by this Section shall be calculated
17based on the percentage of time the part-time employee was
18scheduled to work pursuant to his or her status as a part-time
19employee.
20    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
21Article VII of the Illinois Constitution, this Act specifically
22denies and limits the exercise by home rule units of any power
23which is inconsistent herewith, and all existing laws and
24ordinances which are inconsistent herewith are hereby
25superseded. This Act does not preempt the concurrent exercise
26by home rule units of powers consistent herewith.

 

 

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1    This Act does not apply to any home rule unit with a
2population of over 1,000,000.
3    (h) In those cases where the injury to a State employee for
4which a benefit is payable under this Act was caused under
5circumstances creating a legal liability for damages on the
6part of some person other than the State employer, all of the
7rights and privileges, including the right to notice of suit
8brought against such other person and the right to commence or
9join in such suit, as given the employer, together with the
10conditions or obligations imposed under paragraph (b) of
11Section 5 of the Workers' Compensation Act, are also given and
12granted to the State, to the end that, with respect to State
13employees only, the State may be paid or reimbursed for the
14amount of benefit paid or to be paid by the State to the
15injured employee or his or her personal representative out of
16any judgment, settlement, or payment for such injury obtained
17by such injured employee or his or her personal representative
18from such other person by virtue of the injury.
19(Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)
 
20    Section 10. The Illinois Horse Racing Act of 1975 is
21amended by adding Section 15.5 as follows:
 
22    (230 ILCS 5/15.5 new)
23    Sec. 15.5. Labor agreements.
24    (a) This Section applies to each entity subject to this Act

 

 

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1that has at least 10 employees on average over the 12 months
2preceding application for an organization gaming license.
3    (b) Before an organization gaming license may be granted or
4renewed, the applicant or licensee seeking an organization
5gaming license or renewal shall:
6        (1) Enter into, and observe, the terms of a collective
7    bargaining agreement with any labor organization seeking
8    to represent a majority of the licensee's employees in a
9    bargaining unit consisting of all non-supervisory and
10    non-management employees in the classifications identified
11    by the labor organization. Any new employees hired by the
12    licensee who perform work substantially similar to current
13    employees in an existing bargaining unit already
14    represented by a labor organization at the facility shall
15    be incorporated into that existing bargaining unit.
16        (2) Upon written notice by a labor organization of its
17    desire to represent employees in a designated bargaining
18    unit, the licensee shall:
19            (A) provide the names, classifications, and home
20        addresses of each and every employee in the identified
21        bargaining unit;
22            (B) refrain from expressing any views on the
23        question whether its employees should be represented
24        by a labor organization;
25            (C) refrain from restraining or coercing its
26        employees in choosing to be represented or not

 

 

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1        represented by a labor organization; and
2            (D) allow designated representatives of the labor
3        organization access to its non-work areas for the
4        purpose of meeting privately with its employees during
5        non-working times.
6        (3) Upon a showing of majority interest, to be
7    certified through card check by the Federal Mediation and
8    Conciliation Service or from a designated arbitrator from a
9    permanent panel of arbitrators appointed by the Illinois
10    Racing Board, the licensee and the labor organization shall
11    immediately enter into negotiations for a collective
12    bargaining agreement.
13        (4) If the parties are unable to conclude a labor
14    agreement within 60 days following the date of
15    certification, the terms of the agreement shall be set by
16    an arbitrator jointly selected by the parties from a panel
17    of arbitrators designated by the Illinois Racing Board, who
18    shall issue a final and binding award within 120 days after
19    the date of certification, if the parties fail to conclude
20    an agreement by that date. Except with regard to the
21    minimum requirements in paragraph (5), the arbitrator
22    shall be guided by the terms of labor agreements covering
23    the same or similar classifications of employees within 100
24    miles of the facility or facilities for which the agreement
25    is negotiated. The arbitrator shall also resolve all
26    disputes regarding the scope and composition of the

 

 

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1    bargaining unit covered under the labor agreement. The
2    licensee and the labor organization shall share equally the
3    expenses of the arbitrator. No labor agreement shall cover
4    employees in a bargaining unit for which another labor
5    organization has been certified as a bargaining
6    representative under this Act and that continues to
7    actively represent such employees.
8        (5) All labor agreements required under this Section
9    shall, at a minimum, include a:
10            (A) term of at least 3 years;
11            (B) prohibition on strikes or other work stoppages
12        by the labor organization and the represented
13        employees during the term of the labor agreement; and
14            (C) restriction on subcontracting any work
15        performed on or about the licensee's premises as part
16        of its normal operations except by mutual agreement
17        with the labor organization, and then only to a person
18        or firm that is signatory to a labor agreement with a
19        labor organization that has indicated its interest in
20        representing the employees of the subcontractor,
21        provided, the subcontractor's employees are not
22        lawfully represented by another labor organization.
23        (6) A copy of the fully executed labor agreement shall
24    be submitted to the Illinois Racing Board prior to the
25    issuance or renewal of any organization gaming license
26    required under this Act.

 

 

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1    (c) Upon the expiration of a labor agreement required under
2this Section, the parties shall negotiate a successor agreement
3under the procedures set forth in paragraphs (4) and (5) of
4subsection (b), except that the negotiation and arbitration
5procedures shall commence upon the last effective day of the
6expiring labor agreement.
7    (d) The provisions of this Section, except for paragraph
8(2) of subsection (b), do not apply to any entity that is
9covered, or subsequently becomes covered, under the National
10Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in
11this Act shall affect or diminish the validity and
12enforceability of any collective bargaining agreement entered
13into during the period that this Act applies.
 
14    Section 15. The Criminal Code of 2012 is amended by
15changing Section 12-3.05 as follows:
 
16    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
17    Sec. 12-3.05. Aggravated battery.
18    (a) Offense based on injury. A person commits aggravated
19battery when, in committing a battery, other than by the
20discharge of a firearm, he or she knowingly does any of the
21following:
22        (1) Causes great bodily harm or permanent disability or
23    disfigurement.
24        (2) Causes severe and permanent disability, great

 

 

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1    bodily harm, or disfigurement by means of a caustic or
2    flammable substance, a poisonous gas, a deadly biological
3    or chemical contaminant or agent, a radioactive substance,
4    or a bomb or explosive compound.
5        (3) Causes great bodily harm or permanent disability or
6    disfigurement to an individual whom the person knows to be
7    a peace officer, community policing volunteer, fireman,
8    private security officer, correctional institution
9    employee, or Department of Human Services employee
10    supervising or controlling sexually dangerous persons or
11    sexually violent persons:
12            (i) performing his or her official duties;
13            (ii) battered to prevent performance of his or her
14        official duties; or
15            (iii) battered in retaliation for performing his
16        or her official duties.
17        (4) Causes great bodily harm or permanent disability or
18    disfigurement to an individual 60 years of age or older.
19        (5) Strangles another individual.
20    (b) Offense based on injury to a child or person with an
21intellectual disability. A person who is at least 18 years of
22age commits aggravated battery when, in committing a battery,
23he or she knowingly and without legal justification by any
24means:
25        (1) causes great bodily harm or permanent disability or
26    disfigurement to any child under the age of 13 years, or to

 

 

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1    any person with a severe or profound intellectual
2    disability; or
3        (2) causes bodily harm or disability or disfigurement
4    to any child under the age of 13 years or to any person
5    with a severe or profound intellectual disability.
6    (c) Offense based on location of conduct. A person commits
7aggravated battery when, in committing a battery, other than by
8the discharge of a firearm, he or she is or the person battered
9is on or about a public way, public property, a public place of
10accommodation or amusement, a sports venue, or a domestic
11violence shelter, or in a church, synagogue, mosque, or other
12building, structure, or place used for religious worship.
13    (d) Offense based on status of victim. A person commits
14aggravated battery when, in committing a battery, other than by
15discharge of a firearm, he or she knows the individual battered
16to be any of the following:
17        (1) A person 60 years of age or older.
18        (2) A person who is pregnant or has a physical
19    disability.
20        (3) A teacher or school employee upon school grounds or
21    grounds adjacent to a school or in any part of a building
22    used for school purposes.
23        (4) A peace officer, community policing volunteer,
24    fireman, private security officer, correctional
25    institution employee, or Department of Human Services
26    employee supervising or controlling sexually dangerous

 

 

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1    persons or sexually violent persons:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (5) A judge, emergency management worker, emergency
8    medical services personnel, or utility worker:
9            (i) performing his or her official duties;
10            (ii) battered to prevent performance of his or her
11        official duties; or
12            (iii) battered in retaliation for performing his
13        or her official duties.
14        (6) An officer or employee of the State of Illinois, a
15    unit of local government, or a school district, while
16    performing his or her official duties.
17        (7) A transit employee performing his or her official
18    duties, or a transit passenger.
19        (8) A taxi driver on duty.
20        (9) A merchant who detains the person for an alleged
21    commission of retail theft under Section 16-26 of this Code
22    and the person without legal justification by any means
23    causes bodily harm to the merchant.
24        (10) A person authorized to serve process under Section
25    2-202 of the Code of Civil Procedure or a special process
26    server appointed by the circuit court while that individual

 

 

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1    is in the performance of his or her duties as a process
2    server.
3        (11) A nurse while in the performance of his or her
4    duties as a nurse.
5        (12) A merchant: (i) while performing his or her
6    duties, including, but not limited to, relaying directions
7    for healthcare or safety from his or her supervisor or
8    employer or relaying health or safety guidelines,
9    recommendations, regulations, or rules from a federal,
10    State, or local public health agency; and (ii) during a
11    disaster declared by the Governor, or a state of emergency
12    declared by the mayor of the municipality in which the
13    merchant is located, due to a public health emergency and
14    for a period of 6 months after such declaration.
15    (e) Offense based on use of a firearm. A person commits
16aggravated battery when, in committing a battery, he or she
17knowingly does any of the following:
18        (1) Discharges a firearm, other than a machine gun or a
19    firearm equipped with a silencer, and causes any injury to
20    another person.
21        (2) Discharges a firearm, other than a machine gun or a
22    firearm equipped with a silencer, and causes any injury to
23    a person he or she knows to be a peace officer, community
24    policing volunteer, person summoned by a police officer,
25    fireman, private security officer, correctional
26    institution employee, or emergency management worker:

 

 

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1            (i) performing his or her official duties;
2            (ii) battered to prevent performance of his or her
3        official duties; or
4            (iii) battered in retaliation for performing his
5        or her official duties.
6        (3) Discharges a firearm, other than a machine gun or a
7    firearm equipped with a silencer, and causes any injury to
8    a person he or she knows to be emergency medical services
9    personnel:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her
12        official duties; or
13            (iii) battered in retaliation for performing his
14        or her official duties.
15        (4) Discharges a firearm and causes any injury to a
16    person he or she knows to be a teacher, a student in a
17    school, or a school employee, and the teacher, student, or
18    employee is upon school grounds or grounds adjacent to a
19    school or in any part of a building used for school
20    purposes.
21        (5) Discharges a machine gun or a firearm equipped with
22    a silencer, and causes any injury to another person.
23        (6) Discharges a machine gun or a firearm equipped with
24    a silencer, and causes any injury to a person he or she
25    knows to be a peace officer, community policing volunteer,
26    person summoned by a police officer, fireman, private

 

 

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1    security officer, correctional institution employee or
2    emergency management worker:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (7) Discharges a machine gun or a firearm equipped with
9    a silencer, and causes any injury to a person he or she
10    knows to be emergency medical services personnel:
11            (i) performing his or her official duties;
12            (ii) battered to prevent performance of his or her
13        official duties; or
14            (iii) battered in retaliation for performing his
15        or her official duties.
16        (8) Discharges a machine gun or a firearm equipped with
17    a silencer, and causes any injury to a person he or she
18    knows to be a teacher, or a student in a school, or a
19    school employee, and the teacher, student, or employee is
20    upon school grounds or grounds adjacent to a school or in
21    any part of a building used for school purposes.
22    (f) Offense based on use of a weapon or device. A person
23commits aggravated battery when, in committing a battery, he or
24she does any of the following:
25        (1) Uses a deadly weapon other than by discharge of a
26    firearm, or uses an air rifle as defined in Section

 

 

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1    24.8-0.1 of this Code.
2        (2) Wears a hood, robe, or mask to conceal his or her
3    identity.
4        (3) Knowingly and without lawful justification shines
5    or flashes a laser gunsight or other laser device attached
6    to a firearm, or used in concert with a firearm, so that
7    the laser beam strikes upon or against the person of
8    another.
9        (4) Knowingly video or audio records the offense with
10    the intent to disseminate the recording.
11    (g) Offense based on certain conduct. A person commits
12aggravated battery when, other than by discharge of a firearm,
13he or she does any of the following:
14        (1) Violates Section 401 of the Illinois Controlled
15    Substances Act by unlawfully delivering a controlled
16    substance to another and any user experiences great bodily
17    harm or permanent disability as a result of the injection,
18    inhalation, or ingestion of any amount of the controlled
19    substance.
20        (2) Knowingly administers to an individual or causes
21    him or her to take, without his or her consent or by threat
22    or deception, and for other than medical purposes, any
23    intoxicating, poisonous, stupefying, narcotic, anesthetic,
24    or controlled substance, or gives to another person any
25    food containing any substance or object intended to cause
26    physical injury if eaten.

 

 

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1        (3) Knowingly causes or attempts to cause a
2    correctional institution employee or Department of Human
3    Services employee to come into contact with blood, seminal
4    fluid, urine, or feces by throwing, tossing, or expelling
5    the fluid or material, and the person is an inmate of a
6    penal institution or is a sexually dangerous person or
7    sexually violent person in the custody of the Department of
8    Human Services.
9    (h) Sentence. Unless otherwise provided, aggravated
10battery is a Class 3 felony.
11    Aggravated battery as defined in subdivision (a)(4),
12(d)(4), or (g)(3) is a Class 2 felony.
13    Aggravated battery as defined in subdivision (a)(3) or
14(g)(1) is a Class 1 felony.
15    Aggravated battery as defined in subdivision (a)(1) is a
16Class 1 felony when the aggravated battery was intentional and
17involved the infliction of torture, as defined in paragraph
18(14) of subsection (b) of Section 9-1 of this Code, as the
19infliction of or subjection to extreme physical pain, motivated
20by an intent to increase or prolong the pain, suffering, or
21agony of the victim.
22    Aggravated battery as defined in subdivision (a)(1) is a
23Class 2 felony when the person causes great bodily harm or
24permanent disability to an individual whom the person knows to
25be a member of a congregation engaged in prayer or other
26religious activities at a church, synagogue, mosque, or other

 

 

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1building, structure, or place used for religious worship.
2    Aggravated battery under subdivision (a)(5) is a Class 1
3felony if:
4        (A) the person used or attempted to use a dangerous
5    instrument while committing the offense; or
6        (B) the person caused great bodily harm or permanent
7    disability or disfigurement to the other person while
8    committing the offense; or
9        (C) the person has been previously convicted of a
10    violation of subdivision (a)(5) under the laws of this
11    State or laws similar to subdivision (a)(5) of any other
12    state.
13    Aggravated battery as defined in subdivision (e)(1) is a
14Class X felony.
15    Aggravated battery as defined in subdivision (a)(2) is a
16Class X felony for which a person shall be sentenced to a term
17of imprisonment of a minimum of 6 years and a maximum of 45
18years.
19    Aggravated battery as defined in subdivision (e)(5) is a
20Class X felony for which a person shall be sentenced to a term
21of imprisonment of a minimum of 12 years and a maximum of 45
22years.
23    Aggravated battery as defined in subdivision (e)(2),
24(e)(3), or (e)(4) is a Class X felony for which a person shall
25be sentenced to a term of imprisonment of a minimum of 15 years
26and a maximum of 60 years.

 

 

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1    Aggravated battery as defined in subdivision (e)(6),
2(e)(7), or (e)(8) is a Class X felony for which a person shall
3be sentenced to a term of imprisonment of a minimum of 20 years
4and a maximum of 60 years.
5    Aggravated battery as defined in subdivision (b)(1) is a
6Class X felony, except that:
7        (1) if the person committed the offense while armed
8    with a firearm, 15 years shall be added to the term of
9    imprisonment imposed by the court;
10        (2) if, during the commission of the offense, the
11    person personally discharged a firearm, 20 years shall be
12    added to the term of imprisonment imposed by the court;
13        (3) if, during the commission of the offense, the
14    person personally discharged a firearm that proximately
15    caused great bodily harm, permanent disability, permanent
16    disfigurement, or death to another person, 25 years or up
17    to a term of natural life shall be added to the term of
18    imprisonment imposed by the court.
19    (i) Definitions. In this Section:
20    "Building or other structure used to provide shelter" has
21the meaning ascribed to "shelter" in Section 1 of the Domestic
22Violence Shelters Act.
23    "Domestic violence" has the meaning ascribed to it in
24Section 103 of the Illinois Domestic Violence Act of 1986.
25    "Domestic violence shelter" means any building or other
26structure used to provide shelter or other services to victims

 

 

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1or to the dependent children of victims of domestic violence
2pursuant to the Illinois Domestic Violence Act of 1986 or the
3Domestic Violence Shelters Act, or any place within 500 feet of
4such a building or other structure in the case of a person who
5is going to or from such a building or other structure.
6    "Firearm" has the meaning provided under Section 1.1 of the
7Firearm Owners Identification Card Act, and does not include an
8air rifle as defined by Section 24.8-0.1 of this Code.
9    "Machine gun" has the meaning ascribed to it in Section
1024-1 of this Code.
11    "Merchant" has the meaning ascribed to it in Section 16-0.1
12of this Code.
13    "Strangle" means intentionally impeding the normal
14breathing or circulation of the blood of an individual by
15applying pressure on the throat or neck of that individual or
16by blocking the nose or mouth of that individual.
17(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".