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