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Public Act 102-0221


 

Public Act 0221 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0221
 
SB1681 EnrolledLRB102 14162 KMF 19514 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Line of Duty Compensation Act is amended by
changing Section 2 as follows:
 
    (820 ILCS 315/2)   (from Ch. 48, par. 282)
    Sec. 2. As used in this Act, unless the context otherwise
requires:
    (a) "Law enforcement officer" or "officer" means any
person employed by the State or a local governmental entity as
a policeman, peace officer, auxiliary policeman or in some
like position involving the enforcement of the law and
protection of the public interest at the risk of that person's
life. This includes supervisors, wardens, superintendents and
their assistants, guards and keepers, correctional officers,
youth supervisors, parole agents, aftercare specialists,
school teachers and correctional counsellors in all facilities
of both the Department of Corrections and the Department of
Juvenile Justice, while within the facilities under the
control of the Department of Corrections or the Department of
Juvenile Justice or in the act of transporting inmates or
wards from one location to another or while performing their
official duties, and all other Department of Correction or
Department of Juvenile Justice employees who have daily
contact with inmates. For the purposes of this Act, "law
enforcement officer" or "officer" also means a probation
officer, as defined in Section 9b of the Probation and
Probation Officers Act.
    The death of the foregoing employees of the Department of
Corrections or the Department of Juvenile Justice in order to
be included herein must be by the direct or indirect willful
act of an inmate, ward, work-releasee, parolee, aftercare
releasee, parole violator, aftercare release violator, person
under conditional release, or any person sentenced or
committed, or otherwise subject to confinement in or to the
Department of Corrections or the Department of Juvenile
Justice.
    (b) "Fireman" means any person employed by the State or a
local governmental entity as, or otherwise serving as, a
member or officer of a fire department either for the purpose
of the prevention or control of fire or the underwater
recovery of drowning victims, including volunteer firemen.
    (c) "Local governmental entity" includes counties,
municipalities and municipal corporations.
    (d) "State" means the State of Illinois and its
departments, divisions, boards, bureaus, commissions,
authorities and colleges and universities.
    (e) "Killed in the line of duty" means losing one's life as
a result of injury received in the active performance of
duties as a law enforcement officer, civil defense worker,
civil air patrol member, paramedic, fireman, or chaplain if
the death occurs within one year from the date the injury was
received and if that injury arose from violence or other
accidental cause. In the case of a State employee, "killed in
the line of duty" means losing one's life as a result of injury
received in the active performance of one's duties as a State
employee, if the death occurs within one year from the date the
injury was received and if that injury arose from a willful act
of violence by another State employee committed during such
other employee's course of employment and after January 1,
1988. The term excludes death resulting from the willful
misconduct or intoxication of the officer, civil defense
worker, civil air patrol member, paramedic, fireman, chaplain,
or State employee. However, the burden of proof of such
willful misconduct or intoxication of the officer, civil
defense worker, civil air patrol member, paramedic, fireman,
chaplain, or State employee is on the Attorney General.
Subject to the conditions set forth in subsection (a) with
respect to inclusion under this Act of Department of
Corrections and Department of Juvenile Justice employees
described in that subsection, for the purposes of this Act,
instances in which a law enforcement officer receives an
injury in the active performance of duties as a law
enforcement officer include but are not limited to instances
when:
        (1) the injury is received as a result of a wilful act
    of violence committed other than by the officer and a
    relationship exists between the commission of such act and
    the officer's performance of his duties as a law
    enforcement officer, whether or not the injury is received
    while the officer is on duty as a law enforcement officer;
        (2) the injury is received by the officer while the
    officer is attempting to prevent the commission of a
    criminal act by another or attempting to apprehend an
    individual the officer suspects has committed a crime,
    whether or not the injury is received while the officer is
    on duty as a law enforcement officer;
        (3) the injury is received by the officer while the
    officer is travelling to or from his employment as a law
    enforcement officer or during any meal break, or other
    break, which takes place during the period in which the
    officer is on duty as a law enforcement officer.
    In the case of an Armed Forces member, "killed in the line
of duty" means losing one's life while on active duty in
connection with the September 11, 2001 terrorist attacks on
the United States, Operation Enduring Freedom, Operation
Freedom's Sentinel, Operation Iraqi Freedom, Operation New
Dawn, or Operation Inherent Resolve.
    (f) "Volunteer fireman" means a person having principal
employment other than as a fireman, but who is carried on the
rolls of a regularly constituted fire department either for
the purpose of the prevention or control of fire or the
underwater recovery of drowning victims, the members of which
are under the jurisdiction of the corporate authorities of a
city, village, incorporated town, or fire protection district,
and includes a volunteer member of a fire department organized
under the "General Not for Profit Corporation Act", approved
July 17, 1943, as now or hereafter amended, which is under
contract with any city, village, incorporated town, fire
protection district, or persons residing therein, for fire
fighting services. "Volunteer fireman" does not mean an
individual who volunteers assistance without being regularly
enrolled as a fireman.
    (g) "Civil defense worker" means any person employed by
the State or a local governmental entity as, or otherwise
serving as, a member of a civil defense work force, including
volunteer civil defense work forces engaged in serving the
public interest during periods of disaster, whether natural or
man-made.
    (h) "Civil air patrol member" means any person employed by
the State or a local governmental entity as, or otherwise
serving as, a member of the organization commonly known as the
"Civil Air Patrol", including volunteer members of the
organization commonly known as the "Civil Air Patrol".
    (i) "Paramedic" means an Emergency Medical
Technician-Paramedic certified by the Illinois Department of
Public Health under the Emergency Medical Services (EMS)
Systems Act, and all other emergency medical personnel
certified by the Illinois Department of Public Health who are
members of an organized body or not-for-profit corporation
under the jurisdiction of a city, village, incorporated town,
fire protection district or county, that provides emergency
medical treatment to persons of a defined geographical area.
    (j) "State employee" means any employee as defined in
Section 14-103.05 of the Illinois Pension Code, as now or
hereafter amended.
    (k) "Chaplain" means an individual who:
        (1) is a chaplain of (i) a fire department or (ii) a
    police department or other agency consisting of law
    enforcement officers; and
        (2) has been designated a chaplain by (i) the fire
    department, police department, or other agency or an
    officer or body having jurisdiction over the department or
    agency or (ii) a labor organization representing the
    firemen or law enforcement officers.
    (l) "Armed Forces member" means an Illinois resident who
is: a member of the Armed Forces of the United States; a member
of the Illinois National Guard while on active military
service pursuant to an order of the President of the United
States; or a member of any reserve component of the Armed
Forces of the United States while on active military service
pursuant to an order of the President of the United States.
(Source: P.A. 100-226, eff. 8-18-17.)

Effective Date: 1/1/2022