98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1748

 

Introduced 2/15/2013, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 315/2  from Ch. 48, par. 282

    Amends the Line of Duty Compensation Act. Includes court security officers in the definition of "law enforcement officer". Effective immediately.


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A BILL FOR

 

SB1748LRB098 08837 JLS 38964 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Line of Duty Compensation Act is amended by
5changing Section 2 as follows:
 
6    (820 ILCS 315/2)   (from Ch. 48, par. 282)
7    Sec. 2. As used in this Act, unless the context otherwise
8requires:
9    (a) "Law enforcement officer" or "officer" means any person
10employed by the State or a local governmental entity as a
11policeman, peace officer, auxiliary policeman, court security
12officer, or in some like position involving the enforcement of
13the law and protection of the public interest at the risk of
14that person's life. This includes supervisors, wardens,
15superintendents and their assistants, guards and keepers,
16correctional officers, youth supervisors, parole agents,
17school teachers and correctional counsellors in all facilities
18of both the Department of Corrections and the Department of
19Juvenile Justice, while within the facilities under the control
20of the Department of Corrections or the Department of Juvenile
21Justice or in the act of transporting inmates or wards from one
22location to another or while performing their official duties,
23and all other Department of Correction or Department of

 

 

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1Juvenile Justice employees who have daily contact with inmates.
2    The death of the foregoing employees of the Department of
3Corrections or the Department of Juvenile Justice in order to
4be included herein must be by the direct or indirect willful
5act of an inmate, ward, work-releasee, parolee, parole
6violator, person under conditional release, or any person
7sentenced or committed, or otherwise subject to confinement in
8or to the Department of Corrections or the Department of
9Juvenile Justice.
10    (b) "Fireman" means any person employed by the State or a
11local governmental entity as, or otherwise serving as, a member
12or officer of a fire department either for the purpose of the
13prevention or control of fire or the underwater recovery of
14drowning victims, including volunteer firemen.
15    (c) "Local governmental entity" includes counties,
16municipalities and municipal corporations.
17    (d) "State" means the State of Illinois and its
18departments, divisions, boards, bureaus, commissions,
19authorities and colleges and universities.
20    (e) "Killed in the line of duty" means losing one's life as
21a result of injury received in the active performance of duties
22as a law enforcement officer, civil defense worker, civil air
23patrol member, paramedic, fireman, or chaplain if the death
24occurs within one year from the date the injury was received
25and if that injury arose from violence or other accidental
26cause. In the case of a State employee, "killed in the line of

 

 

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1duty" means losing one's life as a result of injury received in
2the active performance of one's duties as a State employee, if
3the death occurs within one year from the date the injury was
4received and if that injury arose from a willful act of
5violence by another State employee committed during such other
6employee's course of employment and after January 1, 1988. The
7term excludes death resulting from the willful misconduct or
8intoxication of the officer, civil defense worker, civil air
9patrol member, paramedic, fireman, chaplain, or State
10employee. However, the burden of proof of such willful
11misconduct or intoxication of the officer, civil defense
12worker, civil air patrol member, paramedic, fireman, chaplain,
13or State employee is on the Attorney General. Subject to the
14conditions set forth in subsection (a) with respect to
15inclusion under this Act of Department of Corrections and
16Department of Juvenile Justice employees described in that
17subsection, for the purposes of this Act, instances in which a
18law enforcement officer receives an injury in the active
19performance of duties as a law enforcement officer include but
20are not limited to instances when:
21        (1) the injury is received as a result of a wilful act
22    of violence committed other than by the officer and a
23    relationship exists between the commission of such act and
24    the officer's performance of his duties as a law
25    enforcement officer, whether or not the injury is received
26    while the officer is on duty as a law enforcement officer;

 

 

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1        (2) the injury is received by the officer while the
2    officer is attempting to prevent the commission of a
3    criminal act by another or attempting to apprehend an
4    individual the officer suspects has committed a crime,
5    whether or not the injury is received while the officer is
6    on duty as a law enforcement officer;
7        (3) the injury is received by the officer while the
8    officer is travelling to or from his employment as a law
9    enforcement officer or during any meal break, or other
10    break, which takes place during the period in which the
11    officer is on duty as a law enforcement officer.
12    In the case of an Armed Forces member, "killed in the line
13of duty" means losing one's life while on active duty in
14connection with the September 11, 2001 terrorist attacks on the
15United States, Operation Enduring Freedom, or Operation Iraqi
16Freedom.
17    (f) "Volunteer fireman" means a person having principal
18employment other than as a fireman, but who is carried on the
19rolls of a regularly constituted fire department either for the
20purpose of the prevention or control of fire or the underwater
21recovery of drowning victims, the members of which are under
22the jurisdiction of the corporate authorities of a city,
23village, incorporated town, or fire protection district, and
24includes a volunteer member of a fire department organized
25under the "General Not for Profit Corporation Act", approved
26July 17, 1943, as now or hereafter amended, which is under

 

 

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1contract with any city, village, incorporated town, fire
2protection district, or persons residing therein, for fire
3fighting services. "Volunteer fireman" does not mean an
4individual who volunteers assistance without being regularly
5enrolled as a fireman.
6    (g) "Civil defense worker" means any person employed by the
7State or a local governmental entity as, or otherwise serving
8as, a member of a civil defense work force, including volunteer
9civil defense work forces engaged in serving the public
10interest during periods of disaster, whether natural or
11man-made.
12    (h) "Civil air patrol member" means any person employed by
13the State or a local governmental entity as, or otherwise
14serving as, a member of the organization commonly known as the
15"Civil Air Patrol", including volunteer members of the
16organization commonly known as the "Civil Air Patrol".
17    (i) "Paramedic" means an Emergency Medical
18Technician-Paramedic certified by the Illinois Department of
19Public Health under the Emergency Medical Services (EMS)
20Systems Act, and all other emergency medical personnel
21certified by the Illinois Department of Public Health who are
22members of an organized body or not-for-profit corporation
23under the jurisdiction of a city, village, incorporated town,
24fire protection district or county, that provides emergency
25medical treatment to persons of a defined geographical area.
26    (j) "State employee" means any employee as defined in

 

 

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1Section 14-103.05 of the Illinois Pension Code, as now or
2hereafter amended.
3    (k) "Chaplain" means an individual who:
4        (1) is a chaplain of (i) a fire department or (ii) a
5    police department or other agency consisting of law
6    enforcement officers; and
7        (2) has been designated a chaplain by (i) the fire
8    department, police department, or other agency or an
9    officer or body having jurisdiction over the department or
10    agency or (ii) a labor organization representing the
11    firemen or law enforcement officers.
12    (l) "Armed Forces member" means an Illinois resident who
13is: a member of the Armed Forces of the United States; a member
14of the Illinois National Guard while on active military service
15pursuant to an order of the President of the United States; or
16a member of any reserve component of the Armed Forces of the
17United States while on active military service pursuant to an
18order of the President of the United States.
19(Source: P.A. 93-1047, eff. 10-18-04; 93-1073, eff. 1-18-05;
2094-696, eff. 6-1-06.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.