Full Text of HB4406 102nd General Assembly
HB4406eng 102ND GENERAL ASSEMBLY |
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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 | | (Text of Section after amendment by P.A. 102-221 )
| 8 | | Sec. 2. As used in this Act, unless the context otherwise | 9 | | requires:
| 10 | | (a) "Law enforcement officer" or "officer" means any | 11 | | person employed by , or working as a volunteer for, the State or | 12 | | a local governmental entity as a policeman, peace
officer, | 13 | | auxiliary policeman or in some like position involving the
| 14 | | enforcement of the law and protection of the public interest | 15 | | at the risk of
that person's life , and includes, but is not | 16 | | limited to, volunteers assisting with parking and traffic . | 17 | | This includes supervisors, wardens, superintendents and
their | 18 | | assistants, guards and keepers, correctional officers, youth
| 19 | | supervisors, parole agents, aftercare specialists, school | 20 | | teachers and correctional counsellors
in all facilities of | 21 | | both the
Department of Corrections and the Department of | 22 | | Juvenile Justice, while within the facilities under the | 23 | | control
of the Department of Corrections or the Department of |
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| 1 | | Juvenile Justice or in the act of transporting inmates
or | 2 | | wards from one location to another or while performing their | 3 | | official
duties, and all other Department of Correction or | 4 | | Department of Juvenile Justice employees who have daily
| 5 | | contact with inmates. For the purposes of this Act, "law | 6 | | enforcement officer" or "officer" also means a probation | 7 | | officer, as defined in Section 9b of the Probation and | 8 | | Probation Officers Act. | 9 | | The death of the foregoing employees of the Department of | 10 | | Corrections or the Department of Juvenile Justice
in order to | 11 | | be included herein must be by the direct or indirect willful
| 12 | | act of an inmate, ward, work-releasee, parolee, aftercare | 13 | | releasee, parole violator, aftercare release violator, person
| 14 | | under conditional release, or any person sentenced or | 15 | | committed, or
otherwise subject to confinement in or to the | 16 | | Department of Corrections or the Department of Juvenile | 17 | | Justice.
| 18 | | (b) "Fireman" means any person employed by the State or a | 19 | | local
governmental entity as, or otherwise serving as, a | 20 | | member or officer of
a fire department either for the purpose | 21 | | of the prevention or control of fire
or the underwater | 22 | | recovery of drowning victims, including volunteer firemen.
| 23 | | (c) "Local governmental entity" includes counties, | 24 | | municipalities
and municipal corporations.
| 25 | | (d) "State" means the State of Illinois and its | 26 | | departments,
divisions, boards, bureaus, commissions, |
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| 1 | | authorities and colleges and
universities.
| 2 | | (e) "Killed in the line of duty" means losing one's life as | 3 | | a result
of injury received in the active performance of | 4 | | duties as a law
enforcement officer, civil defense worker, | 5 | | civil air patrol member,
paramedic, fireman, or chaplain if | 6 | | the death occurs within
one year from the date
the injury was | 7 | | received and if that injury arose from violence or other
| 8 | | accidental cause. In the case of a State employee, "killed in | 9 | | the line
of duty" means losing one's life as a result of injury | 10 | | received in the
active performance of one's duties as a State | 11 | | employee, if the death occurs
within one year from the date the | 12 | | injury was received and if that injury
arose from a willful act | 13 | | of violence by another State employee committed
during such | 14 | | other employee's course of employment and after January 1,
| 15 | | 1988. The term excludes death resulting from the willful
| 16 | | misconduct or intoxication of the officer, civil defense | 17 | | worker, civil
air patrol member, paramedic, fireman, chaplain, | 18 | | or State employee.
However,
the burden of proof of
such | 19 | | willful misconduct or intoxication of the officer, civil | 20 | | defense
worker, civil air patrol member, paramedic,
fireman, | 21 | | chaplain, or State employee is on the Attorney
General. | 22 | | Subject to the conditions set forth in subsection (a) with
| 23 | | respect to inclusion under this Act of Department of | 24 | | Corrections and Department of Juvenile Justice employees
| 25 | | described in that subsection, for the purposes of this Act, | 26 | | instances in
which a law enforcement officer receives an |
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| 1 | | injury in the active
performance of duties as a law | 2 | | enforcement officer include but are not
limited to instances | 3 | | when:
| 4 | | (1) the injury is received as a result of a wilful act | 5 | | of violence
committed other than by the officer and a | 6 | | relationship exists between the
commission of such act and | 7 | | the officer's
performance of his duties as a law | 8 | | enforcement officer, whether or not the
injury is received | 9 | | while the officer is on duty as a law enforcement officer;
| 10 | | (2) the injury is received by the officer while the | 11 | | officer is
attempting to prevent the commission of a | 12 | | criminal act by another or
attempting to apprehend an | 13 | | individual the officer suspects has committed a
crime, | 14 | | whether or not the injury is received while the officer is | 15 | | on duty
as a law enforcement officer;
| 16 | | (3) the injury is received by the officer while the | 17 | | officer is
travelling to or from his employment as a law | 18 | | enforcement officer or during
any meal break, or other | 19 | | break, which takes place during the period in
which the | 20 | | officer is on duty as a law enforcement officer.
| 21 | | In the case of an Armed Forces member, "killed in the line | 22 | | of duty" means
losing one's life while on active duty in | 23 | | connection with the September 11, 2001 terrorist attacks on | 24 | | the United States, Operation Enduring Freedom, Operation | 25 | | Freedom's Sentinel, Operation Iraqi Freedom, Operation New | 26 | | Dawn, or Operation Inherent Resolve.
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| 1 | | (f) "Volunteer fireman" means a person having principal | 2 | | employment
other than as a fireman, but who is carried on the | 3 | | rolls of a regularly
constituted fire department either for | 4 | | the purpose of the prevention or
control of fire or the | 5 | | underwater recovery of drowning victims, the members
of which | 6 | | are under the
jurisdiction of the corporate authorities of a | 7 | | city, village,
incorporated town, or fire protection district, | 8 | | and includes a volunteer
member of a fire department organized | 9 | | under the "General Not for Profit
Corporation Act", approved | 10 | | July 17, 1943, as now or hereafter amended,
which is under | 11 | | contract with any city, village, incorporated town, fire
| 12 | | protection district, or persons residing therein, for fire | 13 | | fighting
services. "Volunteer fireman" does not mean an | 14 | | individual who
volunteers assistance without being regularly | 15 | | enrolled as a fireman.
| 16 | | (g) "Civil defense worker" means any person employed by | 17 | | the State or
a local governmental entity as, or otherwise | 18 | | serving as, a member of a
civil defense work force, including | 19 | | volunteer civil defense work forces
engaged in serving the | 20 | | public interest during periods of disaster,
whether natural or | 21 | | man-made.
| 22 | | (h) "Civil air patrol member" means any person employed by | 23 | | the State
or a local governmental entity as, or otherwise | 24 | | serving as, a member of
the organization commonly known as the | 25 | | "Civil Air Patrol", including
volunteer members of the | 26 | | organization commonly known as the "Civil Air Patrol".
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| 1 | | (i) "Paramedic" means an Emergency Medical | 2 | | Technician-Paramedic certified by
the Illinois Department of | 3 | | Public Health under the Emergency Medical
Services (EMS) | 4 | | Systems Act, and all other emergency medical personnel
| 5 | | certified by the Illinois Department of Public Health who are | 6 | | members of an
organized body or not-for-profit corporation | 7 | | under the jurisdiction of
a city, village, incorporated town, | 8 | | fire protection district or county, that
provides emergency | 9 | | medical treatment to persons of a defined geographical area.
| 10 | | (j) "State employee" means any employee as defined in | 11 | | Section
14-103.05 of the Illinois Pension Code, as now or | 12 | | hereafter amended.
| 13 | | (k) "Chaplain" means an individual who:
| 14 | | (1) is a chaplain of (i) a fire
department or (ii) a | 15 | | police department
or other agency
consisting of law | 16 | | enforcement officers; and
| 17 | | (2) has been designated a chaplain by (i) the
fire | 18 | | department, police department, or other agency or an | 19 | | officer
or body having jurisdiction over the department or | 20 | | agency or (ii) a labor
organization representing the | 21 | | firemen or law enforcement officers.
| 22 | | (l) "Armed Forces member" means an Illinois resident who | 23 | | is: a member of
the
Armed Forces of the United States; a member | 24 | | of the Illinois National Guard
while on active military | 25 | | service pursuant to an order of the President of the
United | 26 | | States; or a member of any reserve component of the Armed |
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| 1 | | Forces of the
United States while on active military service | 2 | | pursuant to an order of the
President of the United States.
| 3 | | (Source: P.A. 102-221, eff. 1-1-22.)
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