State of Illinois
90th General Assembly
Legislation

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90_SB1192

      820 ILCS 315/2            from Ch. 48, par. 282
      820 ILCS 315/5            from Ch. 48, par. 285
      30 ILCS 805/8.22 new
          Amends  the  Law  Enforcement  Officers,  Civil   Defense
      Workers,  Civil  Air  Patrol  Members,  Paramedics,  Firemen,
      Chaplains,  and  State  Employees  Compensation Act.  Defines
      intoxication.    Provides  that  a  law  enforcement  officer
      employed by a local  governmental  entity  who  dies  as  the
      result  of an injury received on or after July 2, 1997 in the
      course of attempting to prevent the commission of a  criminal
      act  by another or attempting to apprehend an individual whom
      the officer suspects has committed a crime shall be deemed to
      have been killed in the line of duty, regardless  of  whether
      the  injury is received while the officer is on duty as a law
      enforcement officer and regardless of any use of  alcohol  on
      the  part of the officer that did not result in intoxication;
      provides that  the  survivor  or  other  beneficiary  of  the
      officer  shall  be  entitled to receive any benefits that are
      regularly provided by the local governmental entity in  cases
      of  death  of  a law enforcement officer in the line of duty.
      Pre-empts home rule.    Amends  the  State  Mandates  Act  to
      require  implementation  without  reimbursement.    Effective
      immediately.
                                                     LRB9007044EGfg
                                               LRB9007044EGfg
 1        AN  ACT  in  relation to law enforcement officers who are
 2    killed in the line of duty, amending named Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Law Enforcement Officers, Civil Defense
 6    Workers,  Civil  Air  Patrol  Members,  Paramedics,  Firemen,
 7    Chaplains, and State Employees Compensation Act is amended by
 8    changing Sections 2 and 5 as follows:
 9        (820 ILCS 315/2) (from Ch. 48, par. 282)
10        Sec.  2.   As  used  in  this  Act,  unless  the  context
11    otherwise requires:
12        (a)  "Law enforcement officer"  or  "officer"  means  any
13    person  employed  by the State or a local governmental entity
14    as a policeman, peace officer, auxiliary policeman or in some
15    like position  involving  the  enforcement  of  the  law  and
16    protection  of  the  public  interest  at  the  risk  of that
17    person's   life.   This   includes   supervisors,    wardens,
18    superintendents  and  their  assistants,  guards and keepers,
19    correctional  officers,  youth  supervisors,  parole  agents,
20    school  teachers  and   correctional   counsellors   in   all
21    facilities  of  both  the Juvenile and Adult Divisions of the
22    Department of Corrections, while within the facilities  under
23    the control of the Department of Corrections or in the act of
24    transporting inmates or wards from one location to another or
25    while   performing  their  official  duties,  and  all  other
26    Department of Correction employees  who  have  daily  contact
27    with inmates.
28        The death of the foregoing employees of the Department of
29    Corrections  in  order  to  be included herein must be by the
30    direct  or  indirect  willful  act  of   an   inmate,   ward,
31    work-releasee,   parolee,   parole   violator,  person  under
                            -2-                LRB9007044EGfg
 1    conditional release, or any person sentenced or committed, or
 2    otherwise subject to confinement in or to the  Department  of
 3    Corrections.
 4        (b)  "Fireman"  means any person employed by the State or
 5    a local governmental entity as, or otherwise  serving  as,  a
 6    member or officer of a fire department either for the purpose
 7    of  the  prevention  or  control  of  fire  or the underwater
 8    recovery of drowning victims, including volunteer firemen.
 9        (c)  "Local  governmental  entity"   includes   counties,
10    municipalities and municipal corporations.
11        (d)  "State"   means   the  State  of  Illinois  and  its
12    departments,   divisions,   boards,   bureaus,   commissions,
13    authorities and colleges and universities.
14        (e)  "Killed in the line of duty" means losing one's life
15    as a result of injury received in the active  performance  of
16    duties  as  a  law enforcement officer, civil defense worker,
17    civil air patrol member, paramedic, fireman, or  chaplain  if
18    the death occurs within one year from the date the injury was
19    received  and  if  that  injury  arose from violence or other
20    accidental cause.  In the case of a State  employee,  "killed
21    in  the  line of duty" means losing one's life as a result of
22    injury received in the active performance of one's duties  as
23    a  State  employee,  if the death occurs within one year from
24    the date the injury was received and  if  that  injury  arose
25    from  a  willful  act  of  violence by another State employee
26    committed during such other employee's course  of  employment
27    and after January 1, 1988.  The term excludes death resulting
28    from  the  willful misconduct or intoxication of the officer,
29    civil defense worker, civil  air  patrol  member,  paramedic,
30    fireman, chaplain, or State employee.  However, the burden of
31    proof  of  such  willful  misconduct  or  intoxication of the
32    officer, civil  defense  worker,  civil  air  patrol  member,
33    paramedic,  fireman,  chaplain,  or  State employee is on the
34    Attorney General.  Subject to the  conditions  set  forth  in
                            -3-                LRB9007044EGfg
 1    subsection  (a)  with  respect to inclusion under this Act of
 2    Department  of  Corrections  employees  described   in   that
 3    subsection,  for the purposes of this Act, instances in which
 4    a law enforcement officer receives an injury  in  the  active
 5    performance  of  duties  as a law enforcement officer include
 6    but are not limited to instances when:
 7             (1)  the injury is received as a result of a  wilful
 8        act of violence committed other than by the officer and a
 9        relationship  exists  between  the commission of such act
10        and the officer's performance of  his  duties  as  a  law
11        enforcement   officer,  whether  or  not  the  injury  is
12        received  while  the  officer  is  on  duty  as   a   law
13        enforcement officer;
14             (2)  the injury is received by the officer while the
15        officer  is  attempting  to  prevent  the commission of a
16        criminal act by another or  attempting  to  apprehend  an
17        individual  the  officer  suspects has committed a crime,
18        whether or not the injury is received while  the  officer
19        is on duty as a law enforcement officer;
20             (3)  the injury is received by the officer while the
21        officer  is travelling to or from his employment as a law
22        enforcement officer or during any meal  break,  or  other
23        break,  which  takes place during the period in which the
24        officer is on duty as a law enforcement officer.
25        (f)  "Volunteer fireman" means a person having  principal
26    employment other than as a fireman, but who is carried on the
27    rolls  of  a regularly constituted fire department either for
28    the purpose of the prevention  or  control  of  fire  or  the
29    underwater recovery of drowning victims, the members of which
30    are  under the jurisdiction of the corporate authorities of a
31    city,  village,  incorporated  town,   or   fire   protection
32    district,   and   includes  a  volunteer  member  of  a  fire
33    department  organized  under  the  "General  Not  for  Profit
34    Corporation Act", approved July 17, 1943, as now or hereafter
                            -4-                LRB9007044EGfg
 1    amended, which is under  contract  with  any  city,  village,
 2    incorporated  town,  fire  protection  district,  or  persons
 3    residing  therein,  for  fire fighting services.   "Volunteer
 4    fireman"  does  not  mean  an   individual   who   volunteers
 5    assistance without being regularly enrolled as a fireman.
 6        (g)  "Civil  defense worker" means any person employed by
 7    the State or a local governmental  entity  as,  or  otherwise
 8    serving as, a member of a civil defense work force, including
 9    volunteer  civil  defense  work forces engaged in serving the
10    public interest during periods of disaster,  whether  natural
11    or man-made.
12        (h)  "Civil  air patrol member" means any person employed
13    by the State or a local governmental entity as, or  otherwise
14    serving  as,  a  member of the organization commonly known as
15    the "Civil Air Patrol", including volunteer  members  of  the
16    organization commonly known as the "Civil Air Patrol".
17        (i)  "Paramedic"     means     an    Emergency    Medical
18    Technician-Paramedic certified by the Illinois Department  of
19    Public  Health  under  the  Emergency  Medical Services (EMS)
20    Systems  Act,  and  all  other  emergency  medical  personnel
21    certified by the Illinois Department of Public Health who are
22    members of an organized body  or  not-for-profit  corporation
23    under the jurisdiction of a city, village, incorporated town,
24    fire  protection  district or county, that provides emergency
25    medical treatment to persons of a defined geographical area.
26        (j)  "State employee" means any employee  as  defined  in
27    Section  14-103.05  of  the  Illinois Pension Code, as now or
28    hereafter amended.
29        (k)  "Chaplain" means an individual who:
30             (1)  is a chaplain of (i) a fire department or  (ii)
31        a  police  department  or  other agency consisting of law
32        enforcement officers; and
33             (2)  has been designated a chaplain by (i) the  fire
34        department,  police  department,  or  other  agency or an
                            -5-                LRB9007044EGfg
 1        officer or body having jurisdiction over  the  department
 2        or  agency  or (ii) a labor organization representing the
 3        firemen or law enforcement officers.
 4        (l)  "Intoxication", with respect to an  injury  received
 5    on  or  after  July  2,  1997,  means  a state of substantial
 6    impairment resulting from a blood  alcohol  concentration  of
 7    0.08% or more or the unlawful use of cannabis or a controlled
 8    substance.
 9    (Source: P.A. 89-323, eff. 1-1-96.)
10        (820 ILCS 315/5) (from Ch. 48, par. 285)
11        Sec. 5. Eligibility for other benefits; pre-emption.
12        (a)  The  compensation  provided  for  in  this Act is in
13    addition to, and not exclusive of, any pension rights,  death
14    benefits or other compensation otherwise payable by law.
15        (b)  A  law  enforcement  officer  employed  by  a  local
16    governmental  entity  who  dies  as  the  result of an injury
17    received on or after July 2, 1997 in the course of attempting
18    to prevent the commission of a criminal  act  by  another  or
19    attempting  to  apprehend  an  individual  whom  the  officer
20    suspects  has  committed a crime shall be deemed to have been
21    killed in the line of duty, regardless of whether the  injury
22    is received while the officer is on duty as a law enforcement
23    officer  and  regardless of any use of alcohol on the part of
24    the officer that did not result in intoxication as defined in
25    Section 2, and the  survivor  or  other  beneficiary  of  the
26    officer  shall  be  entitled to receive any benefits that are
27    regularly provided by the local governmental entity in  cases
28    of death of a law enforcement officer in the line of duty.
29        This  subsection  (b) requires payment, in certain cases,
30    of benefits already established and regularly paid by a local
31    governmental  entity  in  other  cases  of  death  of  a  law
32    enforcement officer in the line of duty; it does not  require
33    a  local  governmental  entity  to  pay any new or additional
                            -6-                LRB9007044EGfg
 1    benefit not regularly paid by the local  governmental  entity
 2    in  other  cases of death of a law enforcement officer in the
 3    line of duty and does not restrict the payment of benefits to
 4    the  circumstances  described  in  this   subsection.    This
 5    subsection  (b)  is  a  limitation  on home rule powers under
 6    subsection (h) of Section 6 of Article VII  of  the  Illinois
 7    Constitution.
 8    (Source: P.A. 76-1602.)
 9        Section  90.  The State Mandates Act is amended by adding
10    Section 8.22 as follows:
11        (30 ILCS 805/8.22 new)
12        Sec. 8.22. Exempt mandate.   Notwithstanding  Sections  6
13    and  8 of this Act, no reimbursement by the State is required
14    for  the  implementation  of  any  mandate  created  by  this
15    amendatory Act of 1998.
16        Section 99. Effective date.  This Act takes  effect  upon
17    becoming law.

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