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Public Act 100-0226


 

Public Act 0226 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0226
 
SB0860 EnrolledLRB100 07011 HEP 17065 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.
    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, or 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. 98-558, eff. 1-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2017