Full Text of SB3042 98th General Assembly
SB3042sam001 98TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 2/27/2014
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| 1 | | AMENDMENT TO SENATE BILL 3042
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3042 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Line of Duty Compensation Act is amended by | 5 | | changing Section 2 as follows:
| 6 | | (820 ILCS 315/2)
(from Ch. 48, par. 282)
| 7 | | Sec. 2. As used in this Act, unless the context otherwise | 8 | | requires:
| 9 | | (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
| 16 | | supervisors, parole agents, aftercare specialists, school |
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| 1 | | teachers and correctional counsellors
in all facilities of both | 2 | | the
Department of Corrections and the Department of Juvenile | 3 | | Justice, while within the facilities under the control
of the | 4 | | Department of Corrections or the Department of Juvenile Justice | 5 | | or in the act of transporting inmates
or wards from one | 6 | | location to another or while performing their official
duties, | 7 | | and all other Department of Correction or Department of | 8 | | Juvenile Justice employees who have daily
contact with inmates.
| 9 | | The death of the foregoing employees of the Department of | 10 | | Corrections or the Department of Juvenile Justice
in order to | 11 | | be included herein must be by the direct or indirect willful
| 12 | | act of an inmate, ward, work-releasee, parolee, aftercare | 13 | | releasee, parole violator, aftercare release violator, person
| 14 | | under conditional release, or any person sentenced or | 15 | | committed, or
otherwise subject to confinement in or to the | 16 | | Department of Corrections or the Department of Juvenile | 17 | | Justice.
| 18 | | (b) "Fireman" means any person employed by the State or a | 19 | | local
governmental entity as, or otherwise serving as, a member | 20 | | or officer of
a fire department either for the purpose of the | 21 | | prevention or control of fire
or the underwater recovery of | 22 | | drowning victims, including volunteer firemen.
| 23 | | (c) "Local governmental entity" includes counties, | 24 | | municipalities
and municipal corporations.
| 25 | | (d) "State" means the State of Illinois and its | 26 | | departments,
divisions, boards, bureaus, commissions, |
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| 1 | | authorities and colleges and
universities.
| 2 | | (e) "Killed in the line of duty" means losing one's life as | 3 | | a result
of injury received in the active performance of duties | 4 | | as a law
enforcement officer, civil defense worker, civil air | 5 | | patrol member,
paramedic, fireman, or chaplain if the death | 6 | | occurs within
one year from the date
the injury was received | 7 | | and if that injury arose from violence or other
accidental | 8 | | cause. In the case of a State employee, "killed in the line
of | 9 | | duty" means losing one's life as a result of injury received in | 10 | | the
active performance of one's duties as a State employee, if | 11 | | the death occurs
within one year from the date the injury was | 12 | | received and if that injury
arose from a willful act of | 13 | | violence by another State employee committed
during such other | 14 | | employee's course of employment and after January 1,
1988. The | 15 | | term excludes death resulting from the willful
misconduct or | 16 | | intoxication of the officer, civil defense worker, civil
air | 17 | | patrol member, paramedic, fireman, chaplain, or State | 18 | | employee.
However,
the burden of proof of
such willful | 19 | | misconduct or intoxication of the officer, civil defense
| 20 | | worker, civil air patrol member, paramedic,
fireman, chaplain, | 21 | | or State employee is on the Attorney
General. Subject to the | 22 | | conditions set forth in subsection (a) with
respect to | 23 | | inclusion under this Act of Department of Corrections and | 24 | | Department of Juvenile Justice employees
described in that | 25 | | subsection, for the purposes of this Act, instances in
which a | 26 | | law enforcement officer receives an injury in the active
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| 1 | | performance of duties as a law enforcement officer include but | 2 | | are not
limited to instances when:
| 3 | | (1) the injury is received as a result of a wilful act | 4 | | of violence
committed other than by the officer and a | 5 | | relationship exists between the
commission of such act and | 6 | | the officer's
performance of his duties as a law | 7 | | enforcement officer, whether or not the
injury is received | 8 | | while the officer is on duty as a law enforcement officer;
| 9 | | (2) the injury is received by the officer while the | 10 | | officer is
attempting to prevent the commission of a | 11 | | criminal act by another or
attempting to apprehend an | 12 | | individual the officer suspects has committed a
crime, | 13 | | whether or not the injury is received while the officer is | 14 | | on duty
as a law enforcement officer;
| 15 | | (3) the injury is received by the officer while the | 16 | | officer is
travelling to or from his employment as a law | 17 | | enforcement officer or during
any meal break, or other | 18 | | break, which takes place during the period in
which the | 19 | | officer is on duty as a law enforcement officer.
| 20 | | In the case of an Armed Forces member, "killed in the line | 21 | | of duty" means
losing one's life while on active duty in | 22 | | connection with the September 11, 2001 terrorist attacks on the | 23 | | United States, Operation Enduring Freedom, or Operation Iraqi | 24 | | Freedom.
| 25 | | In the case of a law enforcement officer, fireman, | 26 | | volunteer fireman, or paramedic, "killed in the line of duty" |
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| 1 | | also includes instances in which the injury received by the law | 2 | | enforcement officer, fireman, volunteer fireman, or paramedic | 3 | | is self-inflicted and a mental health professional establishes | 4 | | that the injury was a result of the law enforcement officer's, | 5 | | fireman's, volunteer fireman's, or paramedic's active duty | 6 | | service. | 7 | | (f) "Volunteer fireman" means a person having principal | 8 | | employment
other than as a fireman, but who is carried on the | 9 | | rolls of a regularly
constituted fire department either for the | 10 | | purpose of the prevention or
control of fire or the underwater | 11 | | recovery of drowning victims, the members
of which are under | 12 | | the
jurisdiction of the corporate authorities of a city, | 13 | | village,
incorporated town, or fire protection district, and | 14 | | includes a volunteer
member of a fire department organized | 15 | | under the "General Not for Profit
Corporation Act", approved | 16 | | July 17, 1943, as now or hereafter amended,
which is under | 17 | | contract with any city, village, incorporated town, fire
| 18 | | protection district, or persons residing therein, for fire | 19 | | fighting
services. "Volunteer fireman" does not mean an | 20 | | individual who
volunteers assistance without being regularly | 21 | | enrolled as a fireman.
| 22 | | (g) "Civil defense worker" means any person employed by the | 23 | | State or
a local governmental entity as, or otherwise serving | 24 | | as, a member of a
civil defense work force, including volunteer | 25 | | civil defense work forces
engaged in serving the public | 26 | | interest during periods of disaster,
whether natural or |
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| 1 | | man-made.
| 2 | | (h) "Civil air patrol member" means any person employed by | 3 | | the State
or a local governmental entity as, or otherwise | 4 | | serving as, a member of
the organization commonly known as the | 5 | | "Civil Air Patrol", including
volunteer members of the | 6 | | organization commonly known as the "Civil Air Patrol".
| 7 | | (i) "Paramedic" means an Emergency Medical | 8 | | Technician-Paramedic certified by
the Illinois Department of | 9 | | Public Health under the Emergency Medical
Services (EMS) | 10 | | Systems Act, and all other emergency medical personnel
| 11 | | certified by the Illinois Department of Public Health who are | 12 | | members of an
organized body or not-for-profit corporation | 13 | | under the jurisdiction of
a city, village, incorporated town, | 14 | | fire protection district or county, that
provides emergency | 15 | | medical treatment to persons of a defined geographical area.
| 16 | | (j) "State employee" means any employee as defined in | 17 | | Section
14-103.05 of the Illinois Pension Code, as now or | 18 | | hereafter amended.
| 19 | | (k) "Chaplain" means an individual who:
| 20 | | (1) is a chaplain of (i) a fire
department or (ii) a | 21 | | police department
or other agency
consisting of law | 22 | | enforcement officers; and
| 23 | | (2) has been designated a chaplain by (i) the
fire | 24 | | department, police department, or other agency or an | 25 | | officer
or body having jurisdiction over the department or | 26 | | agency or (ii) a labor
organization representing the |
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| 1 | | firemen or law enforcement officers.
| 2 | | (l) "Armed Forces member" means an Illinois resident who | 3 | | is: a member of
the
Armed Forces of the United States; a member | 4 | | of the Illinois National Guard
while on active military service | 5 | | pursuant to an order of the President of the
United States; or | 6 | | a member of any reserve component of the Armed Forces of the
| 7 | | United States while on active military service pursuant to an | 8 | | order of the
President of the United States.
| 9 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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