Illinois General Assembly - Full Text of HB2607
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Full Text of HB2607  97th General Assembly



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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 Workers' Compensation Act is amended by
5changing Section 11 as follows:
6    (820 ILCS 305/11)  (from Ch. 48, par. 138.11)
7    Sec. 11. The compensation herein provided, together with
8the provisions of this Act, shall be the measure of the
9responsibility of any employer engaged in any of the
10enterprises or businesses enumerated in Section 3 of this Act,
11or of any employer who is not engaged in any such enterprises
12or businesses, but who has elected to provide and pay
13compensation for accidental injuries sustained by any employee
14arising out of and in the course of the employment according to
15the provisions of this Act, and whose election to continue
16under this Act, has not been nullified by any action of his
17employees as provided for in this Act.
18    Accidental injuries incurred while participating in
19voluntary recreational programs including but not limited to
20athletic events, parties and picnics do not arise out of and in
21the course of the employment even though the employer pays some
22or all of the cost thereof. This exclusion shall not apply in
23the event that the injured employee was ordered or assigned by



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1his employer to participate in the program.
2    Notwithstanding any other defense, accidental injuries
3incurred while the employee is engaged in the active commission
4of and as a proximate result of the active commission of (a) a
5forcible felony, (b) aggravated driving under the influence of
6alcohol, other drug or drugs, or intoxicating compound or
7compounds, or any combination thereof, or (c) reckless homicide
8and for which the employee was convicted do not arise out of
9and in the course of employment if the commission of that
10forcible felony, aggravated driving under the influence, or
11reckless homicide caused an accident resulting in the death or
12severe injury of another person. If an employee is acquitted of
13a forcible felony, aggravated driving under the influence, or
14reckless homicide that caused an accident resulting in the
15death or severe injury of another person or if these charges
16are dismissed, there shall be no presumption that the employee
17is eligible for benefits under this Act. No employee shall be
18entitled to additional compensation under Sections 19(k) or
1919(l) of this Act or attorney's fees under Section 16 of this
20Act when the employee has been charged with a forcible felony,
21aggravated driving under the influence, or reckless homicide
22that caused an accident resulting in the death or severe injury
23of another person and the employer terminates benefits or
24refuses to pay benefits to the employee until the termination
25of any pending criminal proceedings.
26    Accidental injuries incurred while participating as a



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1patient in a drug or alcohol rehabilitation program do not
2arise out of and in the course of employment even though the
3employer pays some or all of the costs thereof.
4    Any injury to or disease or death of an employee arising
5from the administration of a vaccine, including without
6limitation smallpox vaccine, to prepare for, or as a response
7to, a threatened or potential bioterrorist incident to the
8employee as part of a voluntary inoculation program in
9connection with the person's employment or in connection with
10any governmental program or recommendation for the inoculation
11of workers in the employee's occupation, geographical area, or
12other category that includes the employee is deemed to arise
13out of and in the course of the employment for all purposes
14under this Act. This paragraph added by this amendatory Act of
15the 93rd General Assembly is declarative of existing law and is
16not a new enactment.
17(Source: P.A. 93-829, eff. 7-28-04.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.