Illinois General Assembly - Full Text of SB0471
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Full Text of SB0471  101st General Assembly

SB0471ham002 101ST GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 5/21/2020

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 471

2    AMENDMENT NO. ______. Amend Senate Bill 471 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Employee Disability Act is amended
5by changing Section 1 as follows:
 
6    (5 ILCS 345/1)  (from Ch. 70, par. 91)
7    Sec. 1. Disability benefit.
8    (a) For the purposes of this Section, "eligible employee"
9means any part-time or full-time State correctional officer or
10any other full or part-time employee of the Department of
11Corrections, any full or part-time employee of the Prisoner
12Review Board, any full or part-time employee of the Department
13of Human Services working within a penal institution or a State
14mental health or developmental disabilities facility operated
15by the Department of Human Services, and any full-time law
16enforcement officer or full-time firefighter, including a

 

 

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1full-time paramedic or a firefighter who performs paramedic
2duties, who is employed by the State of Illinois, any unit of
3local government (including any home rule unit), any State
4supported college or university, or any other public entity
5granted the power to employ persons for such purposes by law.
6    (b) Whenever an eligible employee suffers any injury in the
7line of duty which causes him to be unable to perform his
8duties, he shall continue to be paid by the employing public
9entity on the same basis as he was paid before the injury, with
10no deduction from his sick leave credits, compensatory time for
11overtime accumulations or vacation, or service credits in a
12public employee pension fund during the time he is unable to
13perform his duties due to the result of the injury, but not
14longer than one year in relation to the same injury, except as
15otherwise provided under subsection (b-5). However, no injury
16to an employee of the Department of Corrections or the Prisoner
17Review Board working within a penal institution or an employee
18of the Department of Human Services working within a
19departmental mental health or developmental disabilities
20facility shall qualify the employee for benefits under this
21Section unless the injury is the direct or indirect result of
22violence by inmates of the penal institution or residents of
23the mental health or developmental disabilities facility.
24    (b-5) Upon the occurrence of circumstances which would
25hinder the physical recovery from an injury of an eligible
26employee within the one-year period as required under

 

 

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1subsection (b), the eligible employee shall be entitled to an
2extension of no longer than 60 days by which he or she shall
3continue to be paid by the employing public entity on the same
4basis as he or she was paid before the injury. The employing
5public entity may require proof of the circumstances hindering
6an eligible employee's physical recovery before granting the
7extension provided under this subsection (b-5).
8    (c) At any time during the period for which continuing
9compensation is required by this Act, the employing public
10entity may order at the expense of that entity physical or
11medical examinations of the injured person to determine the
12degree of disability.
13    (d) During this period of disability, the injured person
14shall not be employed in any other manner, with or without
15monetary compensation. Any person who is employed in violation
16of this paragraph forfeits the continuing compensation
17provided by this Act from the time such employment begins. Any
18salary compensation due the injured person from workers'
19compensation or any salary due him from any type of insurance
20which may be carried by the employing public entity shall
21revert to that entity during the time for which continuing
22compensation is paid to him under this Act. Any person with a
23disability receiving compensation under the provisions of this
24Act shall not be entitled to any benefits for which he would
25qualify because of his disability under the provisions of the
26Illinois Pension Code.

 

 

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1    (e) Any employee of the State of Illinois, as defined in
2Section 14-103.05 of the Illinois Pension Code, who becomes
3permanently unable to perform the duties of such employment due
4to an injury received in the active performance of his duties
5as a State employee as a result of a willful act of violence by
6another employee of the State of Illinois, as so defined,
7committed during such other employee's course of employment and
8after January 1, 1988, shall be eligible for benefits pursuant
9to the provisions of this Section. For purposes of this
10Section, permanent disability is defined as a diagnosis or
11prognosis of an inability to return to current job duties by a
12physician licensed to practice medicine in all of its branches.
13    (f) The compensation and other benefits provided to
14part-time employees covered by this Section shall be calculated
15based on the percentage of time the part-time employee was
16scheduled to work pursuant to his or her status as a part-time
17employee.
18    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
19Article VII of the Illinois Constitution, this Act specifically
20denies and limits the exercise by home rule units of any power
21which is inconsistent herewith, and all existing laws and
22ordinances which are inconsistent herewith are hereby
23superseded. This Act does not preempt the concurrent exercise
24by home rule units of powers consistent herewith.
25    This Act does not apply to any home rule unit with a
26population of over 1,000,000.

 

 

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1    (h) In those cases where the injury to a State employee for
2which a benefit is payable under this Act was caused under
3circumstances creating a legal liability for damages on the
4part of some person other than the State employer, all of the
5rights and privileges, including the right to notice of suit
6brought against such other person and the right to commence or
7join in such suit, as given the employer, together with the
8conditions or obligations imposed under paragraph (b) of
9Section 5 of the Workers' Compensation Act, are also given and
10granted to the State, to the end that, with respect to State
11employees only, the State may be paid or reimbursed for the
12amount of benefit paid or to be paid by the State to the
13injured employee or his or her personal representative out of
14any judgment, settlement, or payment for such injury obtained
15by such injured employee or his or her personal representative
16from such other person by virtue of the injury.
17(Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)
 
18    Section 10. The Illinois Horse Racing Act of 1975 is
19amended by adding Section 1.5 as follows:
 
20    (230 ILCS 5/1.5 new)
21    Sec. 1.5. Labor agreements.
22    (a) This Section applies to all entities subject to this
23Act that have at least 10 employees on average over the 12
24months preceding application for license.

 

 

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1    (b) No license may be issued or renewed for electronic
2gaming (and other forms of non-horse racing gambling) unless
3and until:
4        (1) The entity has entered into, and observes, the
5    terms of a collective bargaining agreement with every labor
6    organization seeking to represent a majority of the
7    entity's employees in a bargaining unit consisting of all
8    non-supervisory and non-management employees in the
9    classifications identified by the labor organization. New
10    employees hired by the entity who perform work
11    substantially similar to current employees already
12    represented by a labor organization at the facility shall
13    be incorporated into the existing bargaining unit.
14        (2) Upon written notice by a labor organization of its
15    desire to represent employees in a designated bargaining
16    unit, the entity shall:
17            (A) provide the names, classifications, and home
18        addresses of each and every employee in the identified
19        bargaining unit;
20            (B) refrain from expressing any views on the
21        question whether its employees should be represented
22        by a labor organization;
23            (C) refrain from restraining or coercing its
24        employees in choosing to be represented or not
25        represented by a labor organization; and
26            (D) allow designated representatives of the labor

 

 

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1        organization access to its non-work areas for the
2        purpose of meeting privately with its employees during
3        non-working times.
4        (3) Upon a showing of majority interest, to be
5    certified through card check by the Federal Mediation and
6    Conciliation Service or from a designated arbitrator from a
7    permanent panel of arbitrators appointed by the Illinois
8    Racing Board, the entity and the labor organization shall
9    immediately enter into negotiations for a collective
10    bargaining agreement.
11        (4) If the parties are unable to conclude a labor
12    agreement within 60 days following the date of
13    certification, the terms of the agreement shall be set by
14    an arbitrator jointly selected by the parties from a panel
15    of arbitrators designated by the Illinois Racing Board, who
16    shall issue a final and binding award within 120 days after
17    the date of certification, if the parties fail to conclude
18    an agreement by that date. Except with regard to the
19    minimum requirements in paragraph (5), the arbitrator
20    shall be guided by the terms of labor agreements covering
21    the same or similar classifications of employees within 100
22    miles of the facility or facilities for which the agreement
23    is negotiated. The arbitrator shall also resolve all
24    disputes regarding the scope and composition of the
25    bargaining unit covered under the labor agreement. The
26    entity and the labor organization shall share equally the

 

 

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1    expenses of the arbitrator. No labor agreement shall cover
2    employees in a bargaining unit for which another labor
3    organization has been certified as a bargaining
4    representative under this Act and that continues to
5    actively represent such employees.
6        (5) All labor agreements required under this Section
7    shall, at a minimum, include a:
8            (A) term of at least 3 years;
9            (B) prohibition on strikes or other work stoppages
10        by the labor organization and the represented
11        employees during the term of the labor agreement; and
12            (C) restriction on subcontracting any work
13        performed on or about the entity's premises as part of
14        its normal operations except by mutual agreement with
15        the labor organization, and then only to a person or
16        firm that is signatory to a labor agreement with a
17        labor organization that has indicated its interest in
18        representing the employees of the subcontractor,
19        provided, the subcontractor's employees are not
20        lawfully represented by another labor organization.
21        (6) A copy of the fully executed labor agreement shall
22    be submitted to the Illinois Racing Board prior to the
23    issuance or renewal of any license required under this
24    Section.
25    (c) Upon the expiration of a labor agreement required under
26this Section, the parties shall negotiate a successor agreement

 

 

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1under the procedures set forth in paragraphs (4) and (5) of
2subsection (b), except that the negotiation and arbitration
3procedures shall commence upon the last effective day of the
4expiring labor agreement.
5    (d) The provisions of this Section, except for paragraph
6(2) of subsection (b), do not apply to any entity that is
7covered, or subsequently becomes covered, under the National
8Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in
9this Act shall affect or diminish the validity and
10enforceability of any collective bargaining agreement entered
11into during the period that this Act applies.
 
12    Section 15. The Criminal Code of 2012 is amended by
13changing Section 12-3.05 as follows:
 
14    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
15    Sec. 12-3.05. Aggravated battery.
16    (a) Offense based on injury. A person commits aggravated
17battery when, in committing a battery, other than by the
18discharge of a firearm, he or she knowingly does any of the
19following:
20        (1) Causes great bodily harm or permanent disability or
21    disfigurement.
22        (2) Causes severe and permanent disability, great
23    bodily harm, or disfigurement by means of a caustic or
24    flammable substance, a poisonous gas, a deadly biological

 

 

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1    or chemical contaminant or agent, a radioactive substance,
2    or a bomb or explosive compound.
3        (3) Causes great bodily harm or permanent disability or
4    disfigurement to an individual whom the person knows to be
5    a peace officer, community policing volunteer, fireman,
6    private security officer, correctional institution
7    employee, or Department of Human Services employee
8    supervising or controlling sexually dangerous persons or
9    sexually violent persons:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her
12        official duties; or
13            (iii) battered in retaliation for performing his
14        or her official duties.
15        (4) Causes great bodily harm or permanent disability or
16    disfigurement to an individual 60 years of age or older.
17        (5) Strangles another individual.
18    (b) Offense based on injury to a child or person with an
19intellectual disability. A person who is at least 18 years of
20age commits aggravated battery when, in committing a battery,
21he or she knowingly and without legal justification by any
22means:
23        (1) causes great bodily harm or permanent disability or
24    disfigurement to any child under the age of 13 years, or to
25    any person with a severe or profound intellectual
26    disability; or

 

 

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1        (2) causes bodily harm or disability or disfigurement
2    to any child under the age of 13 years or to any person
3    with a severe or profound intellectual disability.
4    (c) Offense based on location of conduct. A person commits
5aggravated battery when, in committing a battery, other than by
6the discharge of a firearm, he or she is or the person battered
7is on or about a public way, public property, a public place of
8accommodation or amusement, a sports venue, or a domestic
9violence shelter, or in a church, synagogue, mosque, or other
10building, structure, or place used for religious worship.
11    (d) Offense based on status of victim. A person commits
12aggravated battery when, in committing a battery, other than by
13discharge of a firearm, he or she knows the individual battered
14to be any of the following:
15        (1) A person 60 years of age or older.
16        (2) A person who is pregnant or has a physical
17    disability.
18        (3) A teacher or school employee upon school grounds or
19    grounds adjacent to a school or in any part of a building
20    used for school purposes.
21        (4) A peace officer, community policing volunteer,
22    fireman, private security officer, correctional
23    institution employee, or Department of Human Services
24    employee supervising or controlling sexually dangerous
25    persons or sexually violent persons:
26            (i) performing his or her official duties;

 

 

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1            (ii) battered to prevent performance of his or her
2        official duties; or
3            (iii) battered in retaliation for performing his
4        or her official duties.
5        (5) A judge, emergency management worker, emergency
6    medical services personnel, or utility worker:
7            (i) performing his or her official duties;
8            (ii) battered to prevent performance of his or her
9        official duties; or
10            (iii) battered in retaliation for performing his
11        or her official duties.
12        (6) An officer or employee of the State of Illinois, a
13    unit of local government, or a school district, while
14    performing his or her official duties.
15        (7) A transit employee performing his or her official
16    duties, or a transit passenger.
17        (8) A taxi driver on duty.
18        (9) A merchant who detains the person for an alleged
19    commission of retail theft under Section 16-26 of this Code
20    and the person without legal justification by any means
21    causes bodily harm to the merchant.
22        (10) A person authorized to serve process under Section
23    2-202 of the Code of Civil Procedure or a special process
24    server appointed by the circuit court while that individual
25    is in the performance of his or her duties as a process
26    server.

 

 

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1        (11) A nurse while in the performance of his or her
2    duties as a nurse.
3        (12) A merchant: (i) while performing his or her
4    duties, including, but not limited to, relaying directions
5    for healthcare or safety from his or her supervisor or
6    employer or relaying health or safety guidelines,
7    recommendations, regulations, or rules from a federal,
8    State, or local public health agency; and (ii) during a
9    disaster declared by the Governor, or a state of emergency
10    declared by the mayor of the municipality in which the
11    merchant is located, due to a public health emergency and
12    for a period of 6 months after such declaration.
13    (e) Offense based on use of a firearm. A person commits
14aggravated battery when, in committing a battery, he or she
15knowingly does any of the following:
16        (1) Discharges a firearm, other than a machine gun or a
17    firearm equipped with a silencer, and causes any injury to
18    another person.
19        (2) Discharges a firearm, other than a machine gun or a
20    firearm equipped with a silencer, and causes any injury to
21    a person he or she knows to be a peace officer, community
22    policing volunteer, person summoned by a police officer,
23    fireman, private security officer, correctional
24    institution employee, or emergency management worker:
25            (i) performing his or her official duties;
26            (ii) battered to prevent performance of his or her

 

 

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1        official duties; or
2            (iii) battered in retaliation for performing his
3        or her official duties.
4        (3) Discharges a firearm, other than a machine gun or a
5    firearm equipped with a silencer, and causes any injury to
6    a person he or she knows to be emergency medical services
7    personnel:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (4) Discharges a firearm and causes any injury to a
14    person he or she knows to be a teacher, a student in a
15    school, or a school employee, and the teacher, student, or
16    employee is upon school grounds or grounds adjacent to a
17    school or in any part of a building used for school
18    purposes.
19        (5) Discharges a machine gun or a firearm equipped with
20    a silencer, and causes any injury to another person.
21        (6) Discharges a machine gun or a firearm equipped with
22    a silencer, and causes any injury to a person he or she
23    knows to be a peace officer, community policing volunteer,
24    person summoned by a police officer, fireman, private
25    security officer, correctional institution employee or
26    emergency management worker:

 

 

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1            (i) performing his or her official duties;
2            (ii) battered to prevent performance of his or her
3        official duties; or
4            (iii) battered in retaliation for performing his
5        or her official duties.
6        (7) Discharges a machine gun or a firearm equipped with
7    a silencer, and causes any injury to a person he or she
8    knows to be emergency medical services personnel:
9            (i) performing his or her official duties;
10            (ii) battered to prevent performance of his or her
11        official duties; or
12            (iii) battered in retaliation for performing his
13        or her official duties.
14        (8) Discharges a machine gun or a firearm equipped with
15    a silencer, and causes any injury to a person he or she
16    knows to be a teacher, or a student in a school, or a
17    school employee, and the teacher, student, or employee is
18    upon school grounds or grounds adjacent to a school or in
19    any part of a building used for school purposes.
20    (f) Offense based on use of a weapon or device. A person
21commits aggravated battery when, in committing a battery, he or
22she does any of the following:
23        (1) Uses a deadly weapon other than by discharge of a
24    firearm, or uses an air rifle as defined in Section
25    24.8-0.1 of this Code.
26        (2) Wears a hood, robe, or mask to conceal his or her

 

 

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1    identity.
2        (3) Knowingly and without lawful justification shines
3    or flashes a laser gunsight or other laser device attached
4    to a firearm, or used in concert with a firearm, so that
5    the laser beam strikes upon or against the person of
6    another.
7        (4) Knowingly video or audio records the offense with
8    the intent to disseminate the recording.
9    (g) Offense based on certain conduct. A person commits
10aggravated battery when, other than by discharge of a firearm,
11he or she does any of the following:
12        (1) Violates Section 401 of the Illinois Controlled
13    Substances Act by unlawfully delivering a controlled
14    substance to another and any user experiences great bodily
15    harm or permanent disability as a result of the injection,
16    inhalation, or ingestion of any amount of the controlled
17    substance.
18        (2) Knowingly administers to an individual or causes
19    him or her to take, without his or her consent or by threat
20    or deception, and for other than medical purposes, any
21    intoxicating, poisonous, stupefying, narcotic, anesthetic,
22    or controlled substance, or gives to another person any
23    food containing any substance or object intended to cause
24    physical injury if eaten.
25        (3) Knowingly causes or attempts to cause a
26    correctional institution employee or Department of Human

 

 

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1    Services employee to come into contact with blood, seminal
2    fluid, urine, or feces by throwing, tossing, or expelling
3    the fluid or material, and the person is an inmate of a
4    penal institution or is a sexually dangerous person or
5    sexually violent person in the custody of the Department of
6    Human Services.
7    (h) Sentence. Unless otherwise provided, aggravated
8battery is a Class 3 felony.
9    Aggravated battery as defined in subdivision (a)(4),
10(d)(4), or (g)(3) is a Class 2 felony.
11    Aggravated battery as defined in subdivision (a)(3) or
12(g)(1) is a Class 1 felony.
13    Aggravated battery as defined in subdivision (a)(1) is a
14Class 1 felony when the aggravated battery was intentional and
15involved the infliction of torture, as defined in paragraph
16(14) of subsection (b) of Section 9-1 of this Code, as the
17infliction of or subjection to extreme physical pain, motivated
18by an intent to increase or prolong the pain, suffering, or
19agony of the victim.
20    Aggravated battery as defined in subdivision (a)(1) is a
21Class 2 felony when the person causes great bodily harm or
22permanent disability to an individual whom the person knows to
23be a member of a congregation engaged in prayer or other
24religious activities at a church, synagogue, mosque, or other
25building, structure, or place used for religious worship.
26    Aggravated battery under subdivision (a)(5) is a Class 1

 

 

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1felony if:
2        (A) the person used or attempted to use a dangerous
3    instrument while committing the offense; or
4        (B) the person caused great bodily harm or permanent
5    disability or disfigurement to the other person while
6    committing the offense; or
7        (C) the person has been previously convicted of a
8    violation of subdivision (a)(5) under the laws of this
9    State or laws similar to subdivision (a)(5) of any other
10    state.
11    Aggravated battery as defined in subdivision (e)(1) is a
12Class X felony.
13    Aggravated battery as defined in subdivision (a)(2) is a
14Class X felony for which a person shall be sentenced to a term
15of imprisonment of a minimum of 6 years and a maximum of 45
16years.
17    Aggravated battery as defined in subdivision (e)(5) is a
18Class X felony for which a person shall be sentenced to a term
19of imprisonment of a minimum of 12 years and a maximum of 45
20years.
21    Aggravated battery as defined in subdivision (e)(2),
22(e)(3), or (e)(4) is a Class X felony for which a person shall
23be sentenced to a term of imprisonment of a minimum of 15 years
24and a maximum of 60 years.
25    Aggravated battery as defined in subdivision (e)(6),
26(e)(7), or (e)(8) is a Class X felony for which a person shall

 

 

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1be sentenced to a term of imprisonment of a minimum of 20 years
2and a maximum of 60 years.
3    Aggravated battery as defined in subdivision (b)(1) is a
4Class X felony, except that:
5        (1) if the person committed the offense while armed
6    with a firearm, 15 years shall be added to the term of
7    imprisonment imposed by the court;
8        (2) if, during the commission of the offense, the
9    person personally discharged a firearm, 20 years shall be
10    added to the term of imprisonment imposed by the court;
11        (3) if, during the commission of the offense, the
12    person personally discharged a firearm that proximately
13    caused great bodily harm, permanent disability, permanent
14    disfigurement, or death to another person, 25 years or up
15    to a term of natural life shall be added to the term of
16    imprisonment imposed by the court.
17    (i) Definitions. In this Section:
18    "Building or other structure used to provide shelter" has
19the meaning ascribed to "shelter" in Section 1 of the Domestic
20Violence Shelters Act.
21    "Domestic violence" has the meaning ascribed to it in
22Section 103 of the Illinois Domestic Violence Act of 1986.
23    "Domestic violence shelter" means any building or other
24structure used to provide shelter or other services to victims
25or to the dependent children of victims of domestic violence
26pursuant to the Illinois Domestic Violence Act of 1986 or the

 

 

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1Domestic Violence Shelters Act, or any place within 500 feet of
2such a building or other structure in the case of a person who
3is going to or from such a building or other structure.
4    "Firearm" has the meaning provided under Section 1.1 of the
5Firearm Owners Identification Card Act, and does not include an
6air rifle as defined by Section 24.8-0.1 of this Code.
7    "Machine gun" has the meaning ascribed to it in Section
824-1 of this Code.
9    "Merchant" has the meaning ascribed to it in Section 16-0.1
10of this Code.
11    "Strangle" means intentionally impeding the normal
12breathing or circulation of the blood of an individual by
13applying pressure on the throat or neck of that individual or
14by blocking the nose or mouth of that individual.
15(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".