Full Text of SB1641 93rd General Assembly
SB1641ham001 93RD GENERAL ASSEMBLY
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Veterans Affairs Committee
Filed: 11/8/2004
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LRB093 03192 RCE 53765 a |
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| AMENDMENT TO SENATE BILL 1641
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| AMENDMENT NO. ______. Amend Senate Bill 1641 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Line of Duty Compensation Act is amended by | 5 |
| changing Sections 2 and 3 as follows:
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| (820 ILCS 315/2)
(from Ch. 48, par. 282)
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| Sec. 2. As used in this Act, unless the context otherwise | 8 |
| requires:
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| (a) "Law enforcement officer" or "officer" means any person | 10 |
| employed
by the State or a local governmental entity as a | 11 |
| policeman, peace
officer, auxiliary policeman or in some like | 12 |
| position involving the
enforcement of the law and protection of | 13 |
| the public interest at the risk of
that person's life. This | 14 |
| includes supervisors, wardens, superintendents and
their | 15 |
| assistants, guards and keepers, correctional officers, youth
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| supervisors, parole agents, school teachers and correctional | 17 |
| counsellors
in all facilities of both the Juvenile and Adult | 18 |
| Divisions of the
Department of Corrections, while within the | 19 |
| facilities under the control
of the Department of Corrections | 20 |
| or in the act of transporting inmates
or wards from one | 21 |
| location to another or while performing their official
duties, | 22 |
| and all other Department of Correction employees who have daily
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| contact with inmates.
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| The death of the foregoing employees of the Department of |
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| Corrections
in order to be included herein must be by the | 2 |
| direct or indirect willful
act of an inmate, ward, | 3 |
| work-releasee, parolee, parole violator, person
under | 4 |
| conditional release, or any person sentenced or committed, or
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| otherwise subject to confinement in or to the Department of | 6 |
| Corrections.
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| (b) "Fireman" means any person employed by the State or a | 8 |
| local
governmental entity as, or otherwise serving as, a member | 9 |
| or officer of
a fire department either for the purpose of the | 10 |
| prevention or control of fire
or the underwater recovery of | 11 |
| drowning victims, including volunteer firemen.
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| (c) "Local governmental entity" includes counties, | 13 |
| municipalities
and municipal corporations.
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| (d) "State" means the State of Illinois and its | 15 |
| departments,
divisions, boards, bureaus, commissions, | 16 |
| authorities and colleges and
universities.
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| (e) "Killed in the line of duty" means losing one's life as | 18 |
| a result
of injury received in the active performance of duties | 19 |
| as a law
enforcement officer, civil defense worker, civil air | 20 |
| patrol member,
paramedic, fireman, or chaplain if the death | 21 |
| occurs within
one year from the date
the injury was received | 22 |
| and if that injury arose from violence or other
accidental | 23 |
| cause. In the case of a State employee, "killed in the line
of | 24 |
| duty" means losing one's life as a result of injury received in | 25 |
| the
active performance of one's duties as a State employee, if | 26 |
| the death occurs
within one year from the date the injury was | 27 |
| received and if that injury
arose from a willful act of | 28 |
| violence by another State employee committed
during such other | 29 |
| employee's course of employment and after January 1,
1988. The | 30 |
| term excludes death resulting from the willful
misconduct or | 31 |
| intoxication of the officer, civil defense worker, civil
air | 32 |
| patrol member, paramedic, fireman, chaplain, or State | 33 |
| employee.
However,
the burden of proof of
such willful | 34 |
| misconduct or intoxication of the officer, civil defense
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| worker, civil air patrol member, paramedic,
fireman, chaplain, | 2 |
| or State employee is on the Attorney
General. Subject to the | 3 |
| conditions set forth in subsection (a) with
respect to | 4 |
| inclusion under this Act of Department of Corrections employees
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| described in that subsection, for the purposes of this Act, | 6 |
| instances in
which a law enforcement officer receives an injury | 7 |
| in the active
performance of duties as a law enforcement | 8 |
| officer include but are not
limited to instances when:
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| (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;
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| (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;
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| (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.
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| In the case of an Armed Forces member, "killed in the line | 27 |
| of duty" means
losing one's life while on active duty in | 28 |
| connection with the September 11, 2001 terrorist attacks on the | 29 |
| United States, Operation Enduring Freedom , or Operation Iraqi | 30 |
| Freedom.
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| (f) "Volunteer fireman" means a person having principal | 32 |
| employment
other than as a fireman, but who is carried on the | 33 |
| rolls of a regularly
constituted fire department either for the | 34 |
| purpose of the prevention or
control of fire or the underwater |
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| recovery of drowning victims, the members
of which are under | 2 |
| the
jurisdiction of the corporate authorities of a city, | 3 |
| village,
incorporated town, or fire protection district, and | 4 |
| includes a volunteer
member of a fire department organized | 5 |
| under the "General Not for Profit
Corporation Act", approved | 6 |
| July 17, 1943, as now or hereafter amended,
which is under | 7 |
| contract with any city, village, incorporated town, fire
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| protection district, or persons residing therein, for fire | 9 |
| fighting
services. "Volunteer fireman" does not mean an | 10 |
| individual who
volunteers assistance without being regularly | 11 |
| enrolled as a fireman.
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| (g) "Civil defense worker" means any person employed by the | 13 |
| State or
a local governmental entity as, or otherwise serving | 14 |
| as, a member of a
civil defense work force, including volunteer | 15 |
| civil defense work forces
engaged in serving the public | 16 |
| interest during periods of disaster,
whether natural or | 17 |
| man-made.
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| (h) "Civil air patrol member" means any person employed by | 19 |
| the State
or a local governmental entity as, or otherwise | 20 |
| serving as, a member of
the organization commonly known as the | 21 |
| "Civil Air Patrol", including
volunteer members of the | 22 |
| organization commonly known as the "Civil Air Patrol".
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| (i) "Paramedic" means an Emergency Medical | 24 |
| Technician-Paramedic certified by
the Illinois Department of | 25 |
| Public Health under the Emergency Medical
Services (EMS) | 26 |
| Systems Act, and all other emergency medical personnel
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| certified by the Illinois Department of Public Health who are | 28 |
| members of an
organized body or not-for-profit corporation | 29 |
| under the jurisdiction of
a city, village, incorporated town, | 30 |
| fire protection district or county, that
provides emergency | 31 |
| medical treatment to persons of a defined geographical area.
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| (j) "State employee" means any employee as defined in | 33 |
| Section
14-103.05 of the Illinois Pension Code, as now or | 34 |
| hereafter amended.
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| (k) "Chaplain" means an individual who:
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| (1) is a chaplain of (i) a fire
department or (ii) a | 3 |
| police department
or other agency
consisting of law | 4 |
| enforcement officers; and
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| (2) has been designated a chaplain by (i) the
fire | 6 |
| department, police department, or other agency or an | 7 |
| officer
or body having jurisdiction over the department or | 8 |
| agency or (ii) a labor
organization representing the | 9 |
| firemen or law enforcement officers.
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| (l) "Armed Forces member" means an Illinois resident who | 11 |
| is: a member of
the
Armed Forces of the United States; a member | 12 |
| of the Illinois National Guard
while on active military service | 13 |
| pursuant to an order of the President of the
United States; or | 14 |
| a member of any reserve component of the Armed Forces of the
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| United States while on active military service pursuant to an | 16 |
| order of the
President of the United States.
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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| (820 ILCS 315/3)
(from Ch. 48, par. 283)
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| Sec. 3. Duty death benefit. | 20 |
| (a) If a claim therefor is made within one
year of the date | 21 |
| of death of a law enforcement officer, civil
defense worker, | 22 |
| civil air patrol member, paramedic, fireman, chaplain,
State | 23 |
| employee, or Armed Forces member killed in the line of duty,
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| compensation shall be paid to the person designated by the law
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| enforcement officer, civil defense worker, civil air patrol | 26 |
| member, paramedic,
fireman, chaplain, State employee, or Armed | 27 |
| Forces member. However, if the Armed Forces member was killed | 28 |
| in the line of duty before
October 18, 2004
the effective date | 29 |
| of this amendatory Act of the 93rd General Assembly , the
claim | 30 |
| must be made within one year of October 18, 2004
the effective | 31 |
| date of this amendatory Act
of the 93rd General Assembly .
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| (b)
The amount of compensation , except for an Armed Forces | 33 |
| member, shall be $10,000 if the death in the
line of duty |
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| occurred prior to January 1, 1974; $20,000 if
such death | 2 |
| occurred after December 31, 1973 and before July 1, 1983;
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| $50,000 if such death occurred on or after July 1, 1983 and | 4 |
| before January 1,
1996; $100,000 if the death occurred on or | 5 |
| after January 1, 1996 and
before May 18, 2001; $118,000 if the | 6 |
| death occurred on or after May
18, 2001 and before July 1, 2002
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| the effective date of this amendatory Act of the 92nd
General | 8 |
| Assembly ; and $259,038 if the death occurred
occurs on or after | 9 |
| July 1, 2002
the effective
date of this amendatory Act of the | 10 |
| 92nd General Assembly and before January
1, 2003. For an Armed | 11 |
| Forces member killed in the line of duty (i) at any time before | 12 |
| January 1, 2005, the compensation is $259,038 plus amounts | 13 |
| equal to the increases for 2003 and 2004 determined under | 14 |
| subsection (c) and (ii) on or after January 1, 2005, the | 15 |
| compensation is the amount determined under item (i) plus the | 16 |
| applicable increases for 2005 and thereafter determined under | 17 |
| subsection (c).
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| (c) Except as provided in subsection (b), for
For deaths | 19 |
| occurring on or after January 1, 2003, the death
compensation | 20 |
| rate for death in the line of duty occurring in a particular
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| calendar year shall be the death compensation rate for death | 22 |
| occurring in the
previous calendar year (or in the case of | 23 |
| deaths occurring in 2003, the rate
in effect on December 31, | 24 |
| 2002) increased by a percentage thereof equal to
the percentage | 25 |
| increase, if any, in the index known as the Consumer Price
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| Index for All Urban Consumers: U.S. city average, unadjusted, | 27 |
| for all items,
as published by the United States Department of | 28 |
| Labor, Bureau of Labor
Statistics, for the 12 months ending | 29 |
| with the month of June of that previous
calendar year.
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| (d) If no beneficiary is designated or surviving at the | 31 |
| death of the law
enforcement officer, civil defense worker, | 32 |
| civil air patrol member,
paramedic, fireman, chaplain, State | 33 |
| employee, or Armed Forces member
killed in the line of
duty, | 34 |
| the compensation shall be paid as follows:
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| (1)
(a) when there is a surviving spouse, the entire | 2 |
| sum shall be paid to
the spouse;
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| (2)
(b) when there is no surviving spouse, but a | 4 |
| surviving descendant of the
decedent, the entire sum shall | 5 |
| be paid to the decedent's descendants per
stirpes;
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| (3)
(c) when there is neither a surviving spouse nor a | 7 |
| surviving descendant,
the entire sum shall be paid to the | 8 |
| parents of the decedent in equal parts,
allowing to the | 9 |
| surviving parent, if one is dead, the entire sum; and
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| (4)
(d) when there is no surviving spouse, descendant | 11 |
| or parent of the
decedent, but there are surviving brothers | 12 |
| or sisters, or descendants of a
brother or sister, who were | 13 |
| receiving their principal support from the
decedent at his | 14 |
| death, the entire sum shall be paid, in equal parts, to the
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| dependent brothers or sisters or dependent descendant of a | 16 |
| brother or
sister. Dependency shall be determined by the | 17 |
| Court of Claims based upon
the investigation and report of | 18 |
| the Attorney General.
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| (e) When there is no beneficiary designated or surviving at | 20 |
| the death of the
law enforcement officer, civil defense worker, | 21 |
| civil air patrol member,
paramedic, fireman, chaplain, State | 22 |
| employee, or Armed Forces member
killed in the line of duty
and | 23 |
| no surviving spouse, descendant, parent, dependent brother or | 24 |
| sister, or
dependent descendant of a brother or sister, no | 25 |
| compensation shall be payable
under this Act.
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| (f) No part of such compensation may be paid to any other | 27 |
| person for any
efforts in securing such compensation.
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| (g) This amendatory Act of the 93rd General Assembly | 29 |
| applies to claims made on or after October 18, 2004 with | 30 |
| respect to an Armed Forces member killed in the line of duty.
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| (Source: P.A. 92-3, eff. 5-18-01; 92-609, eff. 7-1-02; 93-1047, | 32 |
| eff. 10-18-04.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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