93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7329

 

Introduced 9/23/2004, by Rep. Rich Brauer - Dan Brady

 

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

    Amends the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen, Chaplains, and State Employees Compensation Act. Provides that the term "law enforcement officer" includes a person who is employed as a security guard by the State on a full-time, part-time, temporary, or contractual-payroll basis and whose death in the line of duty results from injury incurred on or after September 1, 2004. Also makes technical corrections. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Law Enforcement Officers, Civil Defense
5 Workers, Civil Air Patrol Members, Paramedics, Firemen,
6 Chaplains, and State Employees Compensation Act is amended by
7 changing Section 2 as follows:
 
8     (820 ILCS 315/2)  (from Ch. 48, par. 282)
9     Sec. 2. As used in this Act, unless the context otherwise
10 requires:
11     (a) "Law enforcement officer" or "officer" means any person
12 employed by the State or a local governmental entity as a
13 policeman, peace officer, auxiliary policeman or in some like
14 position involving the enforcement of the law and protection of
15 the public interest at the risk of that person's life. "Law
16 enforcement officer" or "officer" includes, but is not limited
17 to, a person who is employed as a security guard by the State
18 on a full-time, part-time, temporary, or contractual-payroll
19 basis and whose death in the line of duty results from injury
20 incurred on or after September 1, 2004. "Law enforcement
21 officer" or "officer" also This includes supervisors, wardens,
22 superintendents and their assistants, guards and keepers,
23 correctional officers, youth supervisors, parole agents,
24 school teachers and correctional counsellors in all facilities
25 of both the Juvenile and Adult Divisions of the Department of
26 Corrections, while within the facilities under the control of
27 the Department of Corrections or in the act of transporting
28 inmates or wards from one location to another or while
29 performing their official duties, and all other Department of
30 Correction employees who have daily contact with inmates.
31     The death of the foregoing employees of the Department of
32 Corrections in order to be included herein must be by the

 

 

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1 direct or indirect willful act of an inmate, ward,
2 work-releasee, parolee, parole violator, person under
3 conditional release, or any person sentenced or committed, or
4 otherwise subject to confinement in or to the Department of
5 Corrections.
6     (b) "Fireman" means any person employed by the State or a
7 local governmental entity as, or otherwise serving as, a member
8 or officer of a fire department either for the purpose of the
9 prevention or control of fire or the underwater recovery of
10 drowning victims, including volunteer firemen.
11     (c) "Local governmental entity" includes counties,
12 municipalities and municipal corporations.
13     (d) "State" means the State of Illinois and its
14 departments, divisions, boards, bureaus, commissions,
15 authorities and colleges and universities.
16     (e) "Killed in the line of duty" means losing one's life as
17 a result of injury received in the active performance of duties
18 as a law enforcement officer, civil defense worker, civil air
19 patrol member, paramedic, fireman, or chaplain if the death
20 occurs within one year from the date the injury was received
21 and if that injury arose from violence or other accidental
22 cause. In the case of a State employee to whom the immediately
23 preceding definition does not apply, "killed in the line of
24 duty" means losing one's life as a result of injury received in
25 the active performance of his or her one's duties as a State
26 employee, if the death occurs within one year from the date the
27 injury was received and if that injury arose from a willful act
28 of violence by another State employee committed during such
29 other employee's course of employment and after January 1,
30 1988.
31     The term excludes death resulting from the willful
32 misconduct or intoxication of the officer, civil defense
33 worker, civil air patrol member, paramedic, fireman, chaplain,
34 or State employee. However, the burden of proof of such willful
35 misconduct or intoxication of the officer, civil defense
36 worker, civil air patrol member, paramedic, fireman, chaplain,

 

 

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1 or State employee is on the Attorney General.
2     Subject to the conditions set forth in subsection (a) with
3 respect to inclusion under this Act of Department of
4 Corrections employees described in that subsection, for the
5 purposes of this Act, instances in which a law enforcement
6 officer receives an injury in the active performance of duties
7 as a law enforcement officer include but are not limited to
8 instances when:
9         (1) the injury is received as a result of a wilful act
10     of violence committed other than by the officer and a
11     relationship exists between the commission of such act and
12     the officer's performance of his duties as a law
13     enforcement officer, whether or not the injury is received
14     while the officer is on duty as a law enforcement officer;
15         (2) the injury is received by the officer while the
16     officer is attempting to prevent the commission of a
17     criminal act by another or attempting to apprehend an
18     individual the officer suspects has committed a crime,
19     whether or not the injury is received while the officer is
20     on duty as a law enforcement officer;
21         (3) the injury is received by the officer while the
22     officer is travelling to or from his employment as a law
23     enforcement officer or during any meal break, or other
24     break, which takes place during the period in which the
25     officer is on duty as a law enforcement officer.
26     (f) "Volunteer fireman" means a person having principal
27 employment other than as a fireman, but who is carried on the
28 rolls of a regularly constituted fire department either for the
29 purpose of the prevention or control of fire or the underwater
30 recovery of drowning victims, the members of which are under
31 the jurisdiction of the corporate authorities of a city,
32 village, incorporated town, or fire protection district, and
33 includes a volunteer member of a fire department organized
34 under the "General Not for Profit Corporation Act", approved
35 July 17, 1943, as now or hereafter amended, which is under
36 contract with any city, village, incorporated town, fire

 

 

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1 protection district, or persons residing therein, for fire
2 fighting services. "Volunteer fireman" does not mean an
3 individual who volunteers assistance without being regularly
4 enrolled as a fireman.
5     (g) "Civil defense worker" means any person employed by the
6 State or a local governmental entity as, or otherwise serving
7 as, a member of a civil defense work force, including volunteer
8 civil defense work forces engaged in serving the public
9 interest during periods of disaster, whether natural or
10 man-made.
11     (h) "Civil air patrol member" means any person employed by
12 the State or a local governmental entity as, or otherwise
13 serving as, a member of the organization commonly known as the
14 "Civil Air Patrol", including volunteer members of the
15 organization commonly known as the "Civil Air Patrol".
16     (i) "Paramedic" means an Emergency Medical
17 Technician-Paramedic certified by the Illinois Department of
18 Public Health under the Emergency Medical Services (EMS)
19 Systems Act, and all other emergency medical personnel
20 certified by the Illinois Department of Public Health who are
21 members of an organized body or not-for-profit corporation
22 under the jurisdiction of a city, village, incorporated town,
23 fire protection district or county, that provides emergency
24 medical treatment to persons of a defined geographical area.
25     (j) "State employee" means any employee as defined in
26 Section 14-103.05 of the Illinois Pension Code, as now or
27 hereafter amended.
28     (k) "Chaplain" means an individual who:
29         (1) is a chaplain of (i) a fire department or (ii) a
30     police department or other agency consisting of law
31     enforcement officers; and
32         (2) has been designated a chaplain by (i) the fire
33     department, police department, or other agency or an
34     officer or body having jurisdiction over the department or
35     agency or (ii) a labor organization representing the
36     firemen or law enforcement officers.

 

 

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1 (Source: P.A. 89-323, eff. 1-1-96.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.