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Public Act 101-0651


 

Public Act 0651 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0651
 
SB0471 EnrolledLRB101 04232 JLS 49240 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Employee Disability Act is amended by
changing Section 1 as follows:
 
    (5 ILCS 345/1)  (from Ch. 70, par. 91)
    Sec. 1. Disability benefit.
    (a) For the purposes of this Section, "eligible employee"
means any part-time or full-time State correctional officer or
any other full or part-time employee of the Department of
Corrections, any full or part-time employee of the Prisoner
Review Board, any full or part-time employee of the Department
of Human Services working within a penal institution or a State
mental health or developmental disabilities facility operated
by the Department of Human Services, and any full-time law
enforcement officer or full-time firefighter, including a
full-time paramedic or a firefighter who performs paramedic
duties, who is employed by the State of Illinois, any unit of
local government (including any home rule unit), any State
supported college or university, or any other public entity
granted the power to employ persons for such purposes by law.
    (b) Whenever an eligible employee suffers any injury in the
line of duty which causes him to be unable to perform his
duties, he shall continue to be paid by the employing public
entity on the same basis as he was paid before the injury, with
no deduction from his sick leave credits, compensatory time for
overtime accumulations or vacation, or service credits in a
public employee pension fund during the time he is unable to
perform his duties due to the result of the injury, but not
longer than one year in relation to the same injury, except as
otherwise provided under subsection (b-5). However, no injury
to an employee of the Department of Corrections or the Prisoner
Review Board working within a penal institution or an employee
of the Department of Human Services working within a
departmental mental health or developmental disabilities
facility shall qualify the employee for benefits under this
Section unless the injury is the direct or indirect result of
violence by inmates of the penal institution or residents of
the mental health or developmental disabilities facility.
    (b-5) Upon the occurrence of circumstances, directly or
indirectly attributable to COVID-19, occurring on or after
March 9, 2020 and on or before December 31, 2020 which would
hinder the physical recovery from an injury of an eligible
employee within the one-year period as required under
subsection (b), the eligible employee shall be entitled to an
extension of no longer than 60 days by which he or she shall
continue to be paid by the employing public entity on the same
basis as he or she was paid before the injury. The employing
public entity may require proof of the circumstances hindering
an eligible employee's physical recovery before granting the
extension provided under this subsection (b-5).
    (c) At any time during the period for which continuing
compensation is required by this Act, the employing public
entity may order at the expense of that entity physical or
medical examinations of the injured person to determine the
degree of disability.
    (d) During this period of disability, the injured person
shall not be employed in any other manner, with or without
monetary compensation. Any person who is employed in violation
of this paragraph forfeits the continuing compensation
provided by this Act from the time such employment begins. Any
salary compensation due the injured person from workers'
compensation or any salary due him from any type of insurance
which may be carried by the employing public entity shall
revert to that entity during the time for which continuing
compensation is paid to him under this Act. Any person with a
disability receiving compensation under the provisions of this
Act shall not be entitled to any benefits for which he would
qualify because of his disability under the provisions of the
Illinois Pension Code.
    (e) Any employee of the State of Illinois, as defined in
Section 14-103.05 of the Illinois Pension Code, who becomes
permanently unable to perform the duties of such employment due
to an injury received in the active performance of his duties
as a State employee as a result of a willful act of violence by
another employee of the State of Illinois, as so defined,
committed during such other employee's course of employment and
after January 1, 1988, shall be eligible for benefits pursuant
to the provisions of this Section. For purposes of this
Section, permanent disability is defined as a diagnosis or
prognosis of an inability to return to current job duties by a
physician licensed to practice medicine in all of its branches.
    (f) The compensation and other benefits provided to
part-time employees covered by this Section shall be calculated
based on the percentage of time the part-time employee was
scheduled to work pursuant to his or her status as a part-time
employee.
    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
Article VII of the Illinois Constitution, this Act specifically
denies and limits the exercise by home rule units of any power
which is inconsistent herewith, and all existing laws and
ordinances which are inconsistent herewith are hereby
superseded. This Act does not preempt the concurrent exercise
by home rule units of powers consistent herewith.
    This Act does not apply to any home rule unit with a
population of over 1,000,000.
    (h) In those cases where the injury to a State employee for
which a benefit is payable under this Act was caused under
circumstances creating a legal liability for damages on the
part of some person other than the State employer, all of the
rights and privileges, including the right to notice of suit
brought against such other person and the right to commence or
join in such suit, as given the employer, together with the
conditions or obligations imposed under paragraph (b) of
Section 5 of the Workers' Compensation Act, are also given and
granted to the State, to the end that, with respect to State
employees only, the State may be paid or reimbursed for the
amount of benefit paid or to be paid by the State to the
injured employee or his or her personal representative out of
any judgment, settlement, or payment for such injury obtained
by such injured employee or his or her personal representative
from such other person by virtue of the injury.
(Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)
 
    Section 10. The Illinois Horse Racing Act of 1975 is
amended by adding Section 15.5 as follows:
 
    (230 ILCS 5/15.5 new)
    Sec. 15.5. Labor agreements.
    (a) This Section applies to each entity subject to this Act
that has at least 10 employees on average over the 12 months
preceding application for an organization gaming license.
    (b) Before an organization gaming license may be granted or
renewed, the applicant or licensee seeking an organization
gaming license or renewal shall:
        (1) Enter into, and observe, the terms of a collective
    bargaining agreement with any labor organization seeking
    to represent a majority of the licensee's employees in a
    bargaining unit consisting of all non-supervisory and
    non-management employees in the classifications identified
    by the labor organization. Any new employees hired by the
    licensee who perform work substantially similar to current
    employees in an existing bargaining unit already
    represented by a labor organization at the facility shall
    be incorporated into that existing bargaining unit.
        (2) Upon written notice by a labor organization of its
    desire to represent employees in a designated bargaining
    unit, the licensee shall:
            (A) provide the names, classifications, and home
        addresses of each and every employee in the identified
        bargaining unit;
            (B) refrain from expressing any views on the
        question whether its employees should be represented
        by a labor organization;
            (C) refrain from restraining or coercing its
        employees in choosing to be represented or not
        represented by a labor organization; and
            (D) allow designated representatives of the labor
        organization access to its non-work areas for the
        purpose of meeting privately with its employees during
        non-working times.
        (3) Upon a showing of majority interest, to be
    certified through card check by the Federal Mediation and
    Conciliation Service or from a designated arbitrator from a
    permanent panel of arbitrators appointed by the Illinois
    Racing Board, the licensee and the labor organization shall
    immediately enter into negotiations for a collective
    bargaining agreement.
        (4) If the parties are unable to conclude a labor
    agreement within 60 days following the date of
    certification, the terms of the agreement shall be set by
    an arbitrator jointly selected by the parties from a panel
    of arbitrators designated by the Illinois Racing Board, who
    shall issue a final and binding award within 120 days after
    the date of certification, if the parties fail to conclude
    an agreement by that date. Except with regard to the
    minimum requirements in paragraph (5), the arbitrator
    shall be guided by the terms of labor agreements covering
    the same or similar classifications of employees within 100
    miles of the facility or facilities for which the agreement
    is negotiated. The arbitrator shall also resolve all
    disputes regarding the scope and composition of the
    bargaining unit covered under the labor agreement. The
    licensee and the labor organization shall share equally the
    expenses of the arbitrator. No labor agreement shall cover
    employees in a bargaining unit for which another labor
    organization has been certified as a bargaining
    representative under this Act and that continues to
    actively represent such employees.
        (5) All labor agreements required under this Section
    shall, at a minimum, include a:
            (A) term of at least 3 years;
            (B) prohibition on strikes or other work stoppages
        by the labor organization and the represented
        employees during the term of the labor agreement; and
            (C) restriction on subcontracting any work
        performed on or about the licensee's premises as part
        of its normal operations except by mutual agreement
        with the labor organization, and then only to a person
        or firm that is signatory to a labor agreement with a
        labor organization that has indicated its interest in
        representing the employees of the subcontractor,
        provided, the subcontractor's employees are not
        lawfully represented by another labor organization.
        (6) A copy of the fully executed labor agreement shall
    be submitted to the Illinois Racing Board prior to the
    issuance or renewal of any organization gaming license
    required under this Act.
    (c) Upon the expiration of a labor agreement required under
this Section, the parties shall negotiate a successor agreement
under the procedures set forth in paragraphs (4) and (5) of
subsection (b), except that the negotiation and arbitration
procedures shall commence upon the last effective day of the
expiring labor agreement.
    (d) The provisions of this Section, except for paragraph
(2) of subsection (b), do not apply to any entity that is
covered, or subsequently becomes covered, under the National
Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in
this Act shall affect or diminish the validity and
enforceability of any collective bargaining agreement entered
into during the period that this Act applies.
 
    Section 15. The Criminal Code of 2012 is amended by
changing Section 12-3.05 as follows:
 
    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
    Sec. 12-3.05. Aggravated battery.
    (a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
        (1) Causes great bodily harm or permanent disability or
    disfigurement.
        (2) Causes severe and permanent disability, great
    bodily harm, or disfigurement by means of a caustic or
    flammable substance, a poisonous gas, a deadly biological
    or chemical contaminant or agent, a radioactive substance,
    or a bomb or explosive compound.
        (3) Causes great bodily harm or permanent disability or
    disfigurement to an individual whom the person knows to be
    a peace officer, community policing volunteer, fireman,
    private security officer, correctional institution
    employee, or Department of Human Services employee
    supervising or controlling sexually dangerous persons or
    sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (4) Causes great bodily harm or permanent disability or
    disfigurement to an individual 60 years of age or older.
        (5) Strangles another individual.
    (b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,
he or she knowingly and without legal justification by any
means:
        (1) causes great bodily harm or permanent disability or
    disfigurement to any child under the age of 13 years, or to
    any person with a severe or profound intellectual
    disability; or
        (2) causes bodily harm or disability or disfigurement
    to any child under the age of 13 years or to any person
    with a severe or profound intellectual disability.
    (c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than by
the discharge of a firearm, he or she is or the person battered
is on or about a public way, public property, a public place of
accommodation or amusement, a sports venue, or a domestic
violence shelter, or in a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
    (d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than by
discharge of a firearm, he or she knows the individual battered
to be any of the following:
        (1) A person 60 years of age or older.
        (2) A person who is pregnant or has a physical
    disability.
        (3) A teacher or school employee upon school grounds or
    grounds adjacent to a school or in any part of a building
    used for school purposes.
        (4) A peace officer, community policing volunteer,
    fireman, private security officer, correctional
    institution employee, or Department of Human Services
    employee supervising or controlling sexually dangerous
    persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (5) A judge, emergency management worker, emergency
    medical services personnel, or utility worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (6) An officer or employee of the State of Illinois, a
    unit of local government, or a school district, while
    performing his or her official duties.
        (7) A transit employee performing his or her official
    duties, or a transit passenger.
        (8) A taxi driver on duty.
        (9) A merchant who detains the person for an alleged
    commission of retail theft under Section 16-26 of this Code
    and the person without legal justification by any means
    causes bodily harm to the merchant.
        (10) A person authorized to serve process under Section
    2-202 of the Code of Civil Procedure or a special process
    server appointed by the circuit court while that individual
    is in the performance of his or her duties as a process
    server.
        (11) A nurse while in the performance of his or her
    duties as a nurse.
        (12) A merchant: (i) while performing his or her
    duties, including, but not limited to, relaying directions
    for healthcare or safety from his or her supervisor or
    employer or relaying health or safety guidelines,
    recommendations, regulations, or rules from a federal,
    State, or local public health agency; and (ii) during a
    disaster declared by the Governor, or a state of emergency
    declared by the mayor of the municipality in which the
    merchant is located, due to a public health emergency and
    for a period of 6 months after such declaration.
    (e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
        (1) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    another person.
        (2) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    a person he or she knows to be a peace officer, community
    policing volunteer, person summoned by a police officer,
    fireman, private security officer, correctional
    institution employee, or emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (3) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    a person he or she knows to be emergency medical services
    personnel:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (4) Discharges a firearm and causes any injury to a
    person he or she knows to be a teacher, a student in a
    school, or a school employee, and the teacher, student, or
    employee is upon school grounds or grounds adjacent to a
    school or in any part of a building used for school
    purposes.
        (5) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to another person.
        (6) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be a peace officer, community policing volunteer,
    person summoned by a police officer, fireman, private
    security officer, correctional institution employee or
    emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (7) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be emergency medical services personnel:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (8) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be a teacher, or a student in a school, or a
    school employee, and the teacher, student, or employee is
    upon school grounds or grounds adjacent to a school or in
    any part of a building used for school purposes.
    (f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he or
she does any of the following:
        (1) Uses a deadly weapon other than by discharge of a
    firearm, or uses an air rifle as defined in Section
    24.8-0.1 of this Code.
        (2) Wears a hood, robe, or mask to conceal his or her
    identity.
        (3) Knowingly and without lawful justification shines
    or flashes a laser gunsight or other laser device attached
    to a firearm, or used in concert with a firearm, so that
    the laser beam strikes upon or against the person of
    another.
        (4) Knowingly video or audio records the offense with
    the intent to disseminate the recording.
    (g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
        (1) Violates Section 401 of the Illinois Controlled
    Substances Act by unlawfully delivering a controlled
    substance to another and any user experiences great bodily
    harm or permanent disability as a result of the injection,
    inhalation, or ingestion of any amount of the controlled
    substance.
        (2) Knowingly administers to an individual or causes
    him or her to take, without his or her consent or by threat
    or deception, and for other than medical purposes, any
    intoxicating, poisonous, stupefying, narcotic, anesthetic,
    or controlled substance, or gives to another person any
    food containing any substance or object intended to cause
    physical injury if eaten.
        (3) Knowingly causes or attempts to cause a
    correctional institution employee or Department of Human
    Services employee to come into contact with blood, seminal
    fluid, urine, or feces by throwing, tossing, or expelling
    the fluid or material, and the person is an inmate of a
    penal institution or is a sexually dangerous person or
    sexually violent person in the custody of the Department of
    Human Services.
    (h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
    Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
    Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
    Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, as the
infliction of or subjection to extreme physical pain, motivated
by an intent to increase or prolong the pain, suffering, or
agony of the victim.
    Aggravated battery as defined in subdivision (a)(1) is a
Class 2 felony when the person causes great bodily harm or
permanent disability to an individual whom the person knows to
be a member of a congregation engaged in prayer or other
religious activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
    Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
        (A) the person used or attempted to use a dangerous
    instrument while committing the offense; or
        (B) the person caused great bodily harm or permanent
    disability or disfigurement to the other person while
    committing the offense; or
        (C) the person has been previously convicted of a
    violation of subdivision (a)(5) under the laws of this
    State or laws similar to subdivision (a)(5) of any other
    state.
    Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
    Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
    Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
    Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
        (1) if the person committed the offense while armed
    with a firearm, 15 years shall be added to the term of
    imprisonment imposed by the court;
        (2) if, during the commission of the offense, the
    person personally discharged a firearm, 20 years shall be
    added to the term of imprisonment imposed by the court;
        (3) if, during the commission of the offense, the
    person personally discharged a firearm that proximately
    caused great bodily harm, permanent disability, permanent
    disfigurement, or death to another person, 25 years or up
    to a term of natural life shall be added to the term of
    imprisonment imposed by the court.
    (i) Definitions. In this Section:
    "Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
    "Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
    "Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet of
such a building or other structure in the case of a person who
is going to or from such a building or other structure.
    "Firearm" has the meaning provided under Section 1.1 of the
Firearm Owners Identification Card Act, and does not include an
air rifle as defined by Section 24.8-0.1 of this Code.
    "Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
    "Merchant" has the meaning ascribed to it in Section 16-0.1
of this Code.
    "Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/07/2020