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


Rep. Dwight Kay

Filed: 4/11/2011





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2    AMENDMENT NO. ______. Amend House Bill 2607, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Workers' Compensation Act is amended by
6changing Section 11 as follows:
7    (820 ILCS 305/11)  (from Ch. 48, par. 138.11)
8    Sec. 11. The compensation herein provided, together with
9the provisions of this Act, shall be the measure of the
10responsibility of any employer engaged in any of the
11enterprises or businesses enumerated in Section 3 of this Act,
12or of any employer who is not engaged in any such enterprises
13or businesses, but who has elected to provide and pay
14compensation for accidental injuries sustained by any employee
15arising out of and in the course of the employment according to
16the provisions of this Act, and whose election to continue



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1under this Act, has not been nullified by any action of his
2employees as provided for in this Act.
3    Accidental injuries incurred while participating in
4voluntary recreational programs including but not limited to
5athletic events, parties and picnics do not arise out of and in
6the course of the employment even though the employer pays some
7or all of the cost thereof. This exclusion shall not apply in
8the event that the injured employee was ordered or assigned by
9his employer to participate in the program.
10    Notwithstanding any other defense, accidental injuries
11incurred while the employee is engaged in the active commission
12of and as a proximate result of the active commission of (a) a
13forcible felony, (b) aggravated driving under the influence of
14alcohol, other drug or drugs, or intoxicating compound or
15compounds, or any combination thereof, or (c) reckless homicide
16and for which the employee was convicted do not arise out of
17and in the course of employment if the commission of that
18forcible felony, aggravated driving under the influence, or
19reckless homicide caused an accident resulting in the death or
20severe injury of another person. If an employee is acquitted of
21a forcible felony, aggravated driving under the influence, or
22reckless homicide that caused an accident resulting in the
23death or severe injury of another person or if these charges
24are dismissed, there shall be no presumption that the employee
25is eligible for benefits under this Act. No employee shall be
26entitled to additional compensation under Sections 19(k) or



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119(l) of this Act or attorney's fees under Section 16 of this
2Act when the employee has been charged with a forcible felony,
3aggravated driving under the influence, or reckless homicide
4that caused an accident resulting in the death or severe injury
5of another person and the employer terminates benefits or
6refuses to pay benefits to the employee until the termination
7of any pending criminal proceedings.
8    Accidental injuries incurred while participating as a
9patient in a drug or alcohol rehabilitation program do not
10arise out of and in the course of employment even though the
11employer pays some or all of the costs thereof.
12    Any injury to or disease or death of an employee arising
13from the administration of a vaccine, including without
14limitation smallpox vaccine, to prepare for, or as a response
15to, a threatened or potential bioterrorist incident to the
16employee as part of a voluntary inoculation program in
17connection with the person's employment or in connection with
18any governmental program or recommendation for the inoculation
19of workers in the employee's occupation, geographical area, or
20other category that includes the employee is deemed to arise
21out of and in the course of the employment for all purposes
22under this Act. This paragraph added by this amendatory Act of
23the 93rd General Assembly is declarative of existing law and is
24not a new enactment.
25(Source: P.A. 93-829, eff. 7-28-04.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".