IL
Illinois House Bill HB4109

Illinois 2023-2024 Regular Session

Illinois House Bill HB4109 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4109 Introduced , by Rep. Martin McLaughlin SYNOPSIS AS INTRODUCED: 820 ILCS 315/2 from Ch. 48, par. 282 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. LRB103 33051 SPS 62858 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4109 Introduced , by Rep. Martin McLaughlin SYNOPSIS AS INTRODUCED: 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/2 from Ch. 48, par. 282 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. LRB103 33051 SPS 62858 b LRB103 33051 SPS 62858 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4109 Introduced , by Rep. Martin McLaughlin SYNOPSIS AS INTRODUCED:
33 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/2 from Ch. 48, par. 282
44 820 ILCS 315/2 from Ch. 48, par. 282
55 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.
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1111 1 AN ACT concerning employment.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Line of Duty Compensation Act is amended by
1515 5 changing Section 2 as follows:
1616 6 (820 ILCS 315/2) (from Ch. 48, par. 282)
1717 7 Sec. 2. As used in this Act, unless the context otherwise
1818 8 requires:
1919 9 (a) "Law enforcement officer" or "officer" means any
2020 10 person employed by, or working as a volunteer for, the State or
2121 11 a local governmental entity as a policeman, peace officer,
2222 12 auxiliary policeman or in some like position involving the
2323 13 enforcement of the law and protection of the public interest
2424 14 at the risk of that person's life, and includes, but is not
2525 15 limited to, volunteers assisting with parking and traffic.
2626 16 This includes supervisors, wardens, superintendents and their
2727 17 assistants, guards and keepers, correctional officers, youth
2828 18 supervisors, parole agents, aftercare specialists, school
2929 19 teachers and correctional counsellors in all facilities of
3030 20 both the Department of Corrections and the Department of
3131 21 Juvenile Justice, while within the facilities under the
3232 22 control of the Department of Corrections or the Department of
3333 23 Juvenile Justice or in the act of transporting inmates or
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4109 Introduced , by Rep. Martin McLaughlin SYNOPSIS AS INTRODUCED:
3838 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/2 from Ch. 48, par. 282
3939 820 ILCS 315/2 from Ch. 48, par. 282
4040 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.
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6868 1 wards from one location to another or while performing their
6969 2 official duties, and all other Department of Correction or
7070 3 Department of Juvenile Justice employees who have daily
7171 4 contact with inmates. For the purposes of this Act, "law
7272 5 enforcement officer" or "officer" also means a probation
7373 6 officer, as defined in Section 9b of the Probation and
7474 7 Probation Officers Act.
7575 8 The death of the foregoing employees of the Department of
7676 9 Corrections or the Department of Juvenile Justice in order to
7777 10 be included herein must be by the direct or indirect willful
7878 11 act of an inmate, ward, work-releasee, parolee, aftercare
7979 12 releasee, parole violator, aftercare release violator, person
8080 13 under conditional release, or any person sentenced or
8181 14 committed, or otherwise subject to confinement in or to the
8282 15 Department of Corrections or the Department of Juvenile
8383 16 Justice.
8484 17 (b) "Fireman" means any person employed by the State or a
8585 18 local governmental entity as, or otherwise serving as, a
8686 19 member or officer of a fire department either for the purpose
8787 20 of the prevention or control of fire or the underwater
8888 21 recovery of drowning victims, including volunteer firemen.
8989 22 (c) "Local governmental entity" includes counties,
9090 23 municipalities and municipal corporations.
9191 24 (d) "State" means the State of Illinois and its
9292 25 departments, divisions, boards, bureaus, commissions,
9393 26 authorities and colleges and universities.
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104104 1 (e) "Killed in the line of duty" means losing one's life as
105105 2 a result of injury received in the active performance of
106106 3 duties as a law enforcement officer, civil defense worker,
107107 4 civil air patrol member, paramedic, fireman, or chaplain if
108108 5 the death occurs within one year from the date the injury was
109109 6 received and if that injury arose from violence or other
110110 7 accidental cause. In the case of a State employee, "killed in
111111 8 the line of duty" means losing one's life as a result of injury
112112 9 received in the active performance of one's duties as a State
113113 10 employee, if the death occurs within one year from the date the
114114 11 injury was received and if that injury arose from a willful act
115115 12 of violence by another State employee committed during such
116116 13 other employee's course of employment and after January 1,
117117 14 1988. The term excludes death resulting from the willful
118118 15 misconduct or intoxication of the officer, civil defense
119119 16 worker, civil air patrol member, paramedic, fireman, chaplain,
120120 17 or State employee. However, the burden of proof of such
121121 18 willful misconduct or intoxication of the officer, civil
122122 19 defense worker, civil air patrol member, paramedic, fireman,
123123 20 chaplain, or State employee is on the Attorney General.
124124 21 Subject to the conditions set forth in subsection (a) with
125125 22 respect to inclusion under this Act of Department of
126126 23 Corrections and Department of Juvenile Justice employees
127127 24 described in that subsection, for the purposes of this Act,
128128 25 instances in which a law enforcement officer receives an
129129 26 injury in the active performance of duties as a law
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140140 1 enforcement officer include but are not limited to instances
141141 2 when:
142142 3 (1) the injury is received as a result of a wilful act
143143 4 of violence committed other than by the officer and a
144144 5 relationship exists between the commission of such act and
145145 6 the officer's performance of his duties as a law
146146 7 enforcement officer, whether or not the injury is received
147147 8 while the officer is on duty as a law enforcement officer;
148148 9 (2) the injury is received by the officer while the
149149 10 officer is attempting to prevent the commission of a
150150 11 criminal act by another or attempting to apprehend an
151151 12 individual the officer suspects has committed a crime,
152152 13 whether or not the injury is received while the officer is
153153 14 on duty as a law enforcement officer;
154154 15 (3) the injury is received by the officer while the
155155 16 officer is travelling to or from his employment as a law
156156 17 enforcement officer or during any meal break, or other
157157 18 break, which takes place during the period in which the
158158 19 officer is on duty as a law enforcement officer.
159159 20 In the case of an Armed Forces member, "killed in the line
160160 21 of duty" means losing one's life while on active duty in
161161 22 connection with the September 11, 2001 terrorist attacks on
162162 23 the United States, Operation Enduring Freedom, Operation
163163 24 Freedom's Sentinel, Operation Iraqi Freedom, Operation New
164164 25 Dawn, or Operation Inherent Resolve.
165165 26 (f) "Volunteer fireman" means a person having principal
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176176 1 employment other than as a fireman, but who is carried on the
177177 2 rolls of a regularly constituted fire department either for
178178 3 the purpose of the prevention or control of fire or the
179179 4 underwater recovery of drowning victims, the members of which
180180 5 are under the jurisdiction of the corporate authorities of a
181181 6 city, village, incorporated town, or fire protection district,
182182 7 and includes a volunteer member of a fire department organized
183183 8 under the "General Not for Profit Corporation Act", approved
184184 9 July 17, 1943, as now or hereafter amended, which is under
185185 10 contract with any city, village, incorporated town, fire
186186 11 protection district, or persons residing therein, for fire
187187 12 fighting services. "Volunteer fireman" does not mean an
188188 13 individual who volunteers assistance without being regularly
189189 14 enrolled as a fireman.
190190 15 (g) "Civil defense worker" means any person employed by
191191 16 the State or a local governmental entity as, or otherwise
192192 17 serving as, a member of a civil defense work force, including
193193 18 volunteer civil defense work forces engaged in serving the
194194 19 public interest during periods of disaster, whether natural or
195195 20 man-made.
196196 21 (h) "Civil air patrol member" means any person employed by
197197 22 the State or a local governmental entity as, or otherwise
198198 23 serving as, a member of the organization commonly known as the
199199 24 "Civil Air Patrol", including volunteer members of the
200200 25 organization commonly known as the "Civil Air Patrol".
201201 26 (i) "Paramedic" means an Emergency Medical
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212212 1 Technician-Paramedic certified by the Illinois Department of
213213 2 Public Health under the Emergency Medical Services (EMS)
214214 3 Systems Act, and all other emergency medical personnel
215215 4 certified by the Illinois Department of Public Health who are
216216 5 members of an organized body or not-for-profit corporation
217217 6 under the jurisdiction of a city, village, incorporated town,
218218 7 fire protection district or county, that provides emergency
219219 8 medical treatment to persons of a defined geographical area.
220220 9 (j) "State employee" means any employee as defined in
221221 10 Section 14-103.05 of the Illinois Pension Code, as now or
222222 11 hereafter amended.
223223 12 (k) "Chaplain" means an individual who:
224224 13 (1) is a chaplain of (i) a fire department or (ii) a
225225 14 police department or other agency consisting of law
226226 15 enforcement officers; and
227227 16 (2) has been designated a chaplain by (i) the fire
228228 17 department, police department, or other agency or an
229229 18 officer or body having jurisdiction over the department or
230230 19 agency or (ii) a labor organization representing the
231231 20 firemen or law enforcement officers.
232232 21 (l) "Armed Forces member" means an Illinois resident who
233233 22 is: a member of the Armed Forces of the United States; a member
234234 23 of the Illinois National Guard while on active military
235235 24 service pursuant to an order of the President of the United
236236 25 States; or a member of any reserve component of the Armed
237237 26 Forces of the United States while on active military service
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248248 1 pursuant to an order of the President of the United States.
249249 2 (Source: P.A. 102-221, eff. 1-1-22.)
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