Bill Text: IL HB4406 | 2021-2022 | 102nd General Assembly | Engrossed


Bill Title: Amends the Line of Duty Compensation Act. Expands the definition of "law enforcement officer" or "officer" to include any person working as a volunteer for the State or a local governmental entity in some position involving the enforcement of the law and protection of the public interest at the risk of that person's life, including, but not limited to, volunteers assisting with parking and traffic.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed - Dead) 2022-03-07 - Referred to Assignments [HB4406 Detail]

Download: Illinois-2021-HB4406-Engrossed.html



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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Line of Duty Compensation Act is amended by
5changing Section 2 as follows:
6 (820 ILCS 315/2) (from Ch. 48, par. 282)
7 (Text of Section after amendment by P.A. 102-221)
8 Sec. 2. As used in this Act, unless the context otherwise
9requires:
10 (a) "Law enforcement officer" or "officer" means any
11person employed by, or working as a volunteer for, the State or
12a local governmental entity as a policeman, peace officer,
13auxiliary policeman or in some like position involving the
14enforcement of the law and protection of the public interest
15at the risk of that person's life, and includes, but is not
16limited to, volunteers assisting with parking and traffic.
17This includes supervisors, wardens, superintendents and their
18assistants, guards and keepers, correctional officers, youth
19supervisors, parole agents, aftercare specialists, school
20teachers and correctional counsellors in all facilities of
21both the Department of Corrections and the Department of
22Juvenile Justice, while within the facilities under the
23control of the Department of Corrections or the Department of

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1Juvenile Justice or in the act of transporting inmates or
2wards from one location to another or while performing their
3official duties, and all other Department of Correction or
4Department of Juvenile Justice employees who have daily
5contact with inmates. For the purposes of this Act, "law
6enforcement officer" or "officer" also means a probation
7officer, as defined in Section 9b of the Probation and
8Probation Officers Act.
9 The death of the foregoing employees of the Department of
10Corrections or the Department of Juvenile Justice in order to
11be included herein must be by the direct or indirect willful
12act of an inmate, ward, work-releasee, parolee, aftercare
13releasee, parole violator, aftercare release violator, person
14under conditional release, or any person sentenced or
15committed, or otherwise subject to confinement in or to the
16Department of Corrections or the Department of Juvenile
17Justice.
18 (b) "Fireman" means any person employed by the State or a
19local governmental entity as, or otherwise serving as, a
20member or officer of a fire department either for the purpose
21of the prevention or control of fire or the underwater
22recovery of drowning victims, including volunteer firemen.
23 (c) "Local governmental entity" includes counties,
24municipalities and municipal corporations.
25 (d) "State" means the State of Illinois and its
26departments, divisions, boards, bureaus, commissions,

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1authorities and colleges and universities.
2 (e) "Killed in the line of duty" means losing one's life as
3a result of injury received in the active performance of
4duties as a law enforcement officer, civil defense worker,
5civil air patrol member, paramedic, fireman, or chaplain if
6the death occurs within one year from the date the injury was
7received and if that injury arose from violence or other
8accidental cause. In the case of a State employee, "killed in
9the line of duty" means losing one's life as a result of injury
10received in the active performance of one's duties as a State
11employee, if the death occurs within one year from the date the
12injury was received and if that injury arose from a willful act
13of violence by another State employee committed during such
14other employee's course of employment and after January 1,
151988. The term excludes death resulting from the willful
16misconduct or intoxication of the officer, civil defense
17worker, civil air patrol member, paramedic, fireman, chaplain,
18or State employee. However, the burden of proof of such
19willful misconduct or intoxication of the officer, civil
20defense worker, civil air patrol member, paramedic, fireman,
21chaplain, or State employee is on the Attorney General.
22Subject to the conditions set forth in subsection (a) with
23respect to inclusion under this Act of Department of
24Corrections and Department of Juvenile Justice employees
25described in that subsection, for the purposes of this Act,
26instances in which a law enforcement officer receives an

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1injury in the active performance of duties as a law
2enforcement officer include but are not limited to instances
3when:
4 (1) the injury is received as a result of a wilful act
5 of violence committed other than by the officer and a
6 relationship exists between the commission of such act and
7 the officer's performance of his duties as a law
8 enforcement officer, whether or not the injury is received
9 while the officer is on duty as a law enforcement officer;
10 (2) the injury is received by the officer while the
11 officer is attempting to prevent the commission of a
12 criminal act by another or attempting to apprehend an
13 individual the officer suspects has committed a crime,
14 whether or not the injury is received while the officer is
15 on duty as a law enforcement officer;
16 (3) the injury is received by the officer while the
17 officer is travelling to or from his employment as a law
18 enforcement officer or during any meal break, or other
19 break, which takes place during the period in which the
20 officer is on duty as a law enforcement officer.
21 In the case of an Armed Forces member, "killed in the line
22of duty" means losing one's life while on active duty in
23connection with the September 11, 2001 terrorist attacks on
24the United States, Operation Enduring Freedom, Operation
25Freedom's Sentinel, Operation Iraqi Freedom, Operation New
26Dawn, or Operation Inherent Resolve.

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1 (f) "Volunteer fireman" means a person having principal
2employment other than as a fireman, but who is carried on the
3rolls of a regularly constituted fire department either for
4the purpose of the prevention or control of fire or the
5underwater recovery of drowning victims, the members of which
6are under the jurisdiction of the corporate authorities of a
7city, village, incorporated town, or fire protection district,
8and includes a volunteer member of a fire department organized
9under the "General Not for Profit Corporation Act", approved
10July 17, 1943, as now or hereafter amended, which is under
11contract with any city, village, incorporated town, fire
12protection district, or persons residing therein, for fire
13fighting services. "Volunteer fireman" does not mean an
14individual who volunteers assistance without being regularly
15enrolled as a fireman.
16 (g) "Civil defense worker" means any person employed by
17the State or a local governmental entity as, or otherwise
18serving as, a member of a civil defense work force, including
19volunteer civil defense work forces engaged in serving the
20public interest during periods of disaster, whether natural or
21man-made.
22 (h) "Civil air patrol member" means any person employed by
23the State or a local governmental entity as, or otherwise
24serving as, a member of the organization commonly known as the
25"Civil Air Patrol", including volunteer members of the
26organization commonly known as the "Civil Air Patrol".

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1 (i) "Paramedic" means an Emergency Medical
2Technician-Paramedic certified by the Illinois Department of
3Public Health under the Emergency Medical Services (EMS)
4Systems Act, and all other emergency medical personnel
5certified by the Illinois Department of Public Health who are
6members of an organized body or not-for-profit corporation
7under the jurisdiction of a city, village, incorporated town,
8fire protection district or county, that provides emergency
9medical treatment to persons of a defined geographical area.
10 (j) "State employee" means any employee as defined in
11Section 14-103.05 of the Illinois Pension Code, as now or
12hereafter amended.
13 (k) "Chaplain" means an individual who:
14 (1) is a chaplain of (i) a fire department or (ii) a
15 police department or other agency consisting of law
16 enforcement officers; and
17 (2) has been designated a chaplain by (i) the fire
18 department, police department, or other agency or an
19 officer or body having jurisdiction over the department or
20 agency or (ii) a labor organization representing the
21 firemen or law enforcement officers.
22 (l) "Armed Forces member" means an Illinois resident who
23is: a member of the Armed Forces of the United States; a member
24of the Illinois National Guard while on active military
25service pursuant to an order of the President of the United
26States; or a member of any reserve component of the Armed

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1Forces of the United States while on active military service
2pursuant to an order of the President of the United States.
3(Source: P.A. 102-221, eff. 1-1-22.)
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