Bill Text: IL SB0860 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Line of Duty Compensation Act. Changes the definition of "killed in the line of duty" to include losing one's life while on active duty in connection with, among other operations, Operation Freedom's Sentinel, Operation New Dawn, and Operation Inherent Resolve. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Engrossed) 2017-05-22 - Placed on Calendar Order of 3rd Reading - Short Debate [SB0860 Detail]

Download: Illinois-2017-SB0860-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 Sec. 2. As used in this Act, unless the context otherwise
8requires:
9 (a) "Law enforcement officer" or "officer" means any person
10employed by the State or a local governmental entity as a
11policeman, peace officer, auxiliary policeman or in some like
12position involving the enforcement of the law and protection of
13the public interest at the risk of that person's life. This
14includes supervisors, wardens, superintendents and their
15assistants, guards and keepers, correctional officers, youth
16supervisors, parole agents, aftercare specialists, school
17teachers and correctional counsellors in all facilities of both
18the Department of Corrections and the Department of Juvenile
19Justice, while within the facilities under the control of the
20Department of Corrections or the Department of Juvenile Justice
21or in the act of transporting inmates or wards from one
22location to another or while performing their official duties,
23and all other Department of Correction or Department of

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1Juvenile Justice employees who have daily contact with inmates.
2 The death of the foregoing employees of the Department of
3Corrections or the Department of Juvenile Justice in order to
4be included herein must be by the direct or indirect willful
5act of an inmate, ward, work-releasee, parolee, aftercare
6releasee, parole violator, aftercare release violator, person
7under conditional release, or any person sentenced or
8committed, or otherwise subject to confinement in or to the
9Department of Corrections or the Department of Juvenile
10Justice.
11 (b) "Fireman" means any person employed by the State or a
12local governmental entity as, or otherwise serving as, a member
13or officer of a fire department either for the purpose of the
14prevention or control of fire or the underwater recovery of
15drowning victims, including volunteer firemen.
16 (c) "Local governmental entity" includes counties,
17municipalities and municipal corporations.
18 (d) "State" means the State of Illinois and its
19departments, divisions, boards, bureaus, commissions,
20authorities and colleges and universities.
21 (e) "Killed in the line of duty" means losing one's life as
22a result of injury received in the active performance of duties
23as a law enforcement officer, civil defense worker, civil air
24patrol member, paramedic, fireman, or chaplain if the death
25occurs within one year from the date the injury was received
26and if that injury arose from violence or other accidental

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1cause. In the case of a State employee, "killed in the line of
2duty" means losing one's life as a result of injury received in
3the active performance of one's duties as a State employee, if
4the death occurs within one year from the date the injury was
5received and if that injury arose from a willful act of
6violence by another State employee committed during such other
7employee's course of employment and after January 1, 1988. The
8term excludes death resulting from the willful misconduct or
9intoxication of the officer, civil defense worker, civil air
10patrol member, paramedic, fireman, chaplain, or State
11employee. However, the burden of proof of such willful
12misconduct or intoxication of the officer, civil defense
13worker, civil air patrol member, paramedic, fireman, chaplain,
14or State employee is on the Attorney General. Subject to the
15conditions set forth in subsection (a) with respect to
16inclusion under this Act of Department of Corrections and
17Department of Juvenile Justice employees described in that
18subsection, for the purposes of this Act, instances in which a
19law enforcement officer receives an injury in the active
20performance of duties as a law enforcement officer include but
21are not limited to instances when:
22 (1) the injury is received as a result of a wilful act
23 of violence committed other than by the officer and a
24 relationship exists between the commission of such act and
25 the officer's performance of his duties as a law
26 enforcement officer, whether or not the injury is received

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1 while the officer is on duty as a law enforcement officer;
2 (2) the injury is received by the officer while the
3 officer is attempting to prevent the commission of a
4 criminal act by another or attempting to apprehend an
5 individual the officer suspects has committed a crime,
6 whether or not the injury is received while the officer is
7 on duty as a law enforcement officer;
8 (3) the injury is received by the officer while the
9 officer is travelling to or from his employment as a law
10 enforcement officer or during any meal break, or other
11 break, which takes place during the period in which the
12 officer is on duty as a law enforcement officer.
13 In the case of an Armed Forces member, "killed in the line
14of duty" means losing one's life while on active duty in
15connection with the September 11, 2001 terrorist attacks on the
16United States, Operation Enduring Freedom, Operation Freedom's
17Sentinel, or Operation Iraqi Freedom, Operation New Dawn, or
18Operation Inherent Resolve.
19 (f) "Volunteer fireman" means a person having principal
20employment other than as a fireman, but who is carried on the
21rolls of a regularly constituted fire department either for the
22purpose of the prevention or control of fire or the underwater
23recovery of drowning victims, the members of which are under
24the jurisdiction of the corporate authorities of a city,
25village, incorporated town, or fire protection district, and
26includes a volunteer member of a fire department organized

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1under the "General Not for Profit Corporation Act", approved
2July 17, 1943, as now or hereafter amended, which is under
3contract with any city, village, incorporated town, fire
4protection district, or persons residing therein, for fire
5fighting services. "Volunteer fireman" does not mean an
6individual who volunteers assistance without being regularly
7enrolled as a fireman.
8 (g) "Civil defense worker" means any person employed by the
9State or a local governmental entity as, or otherwise serving
10as, a member of a civil defense work force, including volunteer
11civil defense work forces engaged in serving the public
12interest during periods of disaster, whether natural or
13man-made.
14 (h) "Civil air patrol member" means any person employed by
15the State or a local governmental entity as, or otherwise
16serving as, a member of the organization commonly known as the
17"Civil Air Patrol", including volunteer members of the
18organization commonly known as the "Civil Air Patrol".
19 (i) "Paramedic" means an Emergency Medical
20Technician-Paramedic certified by the Illinois Department of
21Public Health under the Emergency Medical Services (EMS)
22Systems Act, and all other emergency medical personnel
23certified by the Illinois Department of Public Health who are
24members of an organized body or not-for-profit corporation
25under the jurisdiction of a city, village, incorporated town,
26fire protection district or county, that provides emergency

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1medical treatment to persons of a defined geographical area.
2 (j) "State employee" means any employee as defined in
3Section 14-103.05 of the Illinois Pension Code, as now or
4hereafter amended.
5 (k) "Chaplain" means an individual who:
6 (1) is a chaplain of (i) a fire department or (ii) a
7 police department or other agency consisting of law
8 enforcement officers; and
9 (2) has been designated a chaplain by (i) the fire
10 department, police department, or other agency or an
11 officer or body having jurisdiction over the department or
12 agency or (ii) a labor organization representing the
13 firemen or law enforcement officers.
14 (l) "Armed Forces member" means an Illinois resident who
15is: a member of the Armed Forces of the United States; a member
16of the Illinois National Guard while on active military service
17pursuant to an order of the President of the United States; or
18a member of any reserve component of the Armed Forces of the
19United States while on active military service pursuant to an
20order of the President of the United States.
21(Source: P.A. 98-558, eff. 1-1-14.)
22 Section 99. Effective date. This Act takes effect upon
23becoming law.
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