LINE OF DUTY-EMS PERSONNEL

Illinois General Assembly - Full Text of HB3224

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3224

Introduced 2/18/2025, by Rep. Wayne A Rosenthal

SYNOPSIS AS INTRODUCED:

820 ILCS 315/2

from Ch. 48, par. 282
820 ILCS 315/3

from Ch. 48, par. 283
820 ILCS 315/4

from Ch. 48, par. 284

Amends the Line of Duty Compensation Act. Includes emergency medical
services personnel within the scope of the Act. Defines terms. Effective
immediately.
LRB104 08661 SPS 18715 b

A BILL FOR

HB3224
LRB104 08661 SPS 18715 b
1

AN ACT concerning employment.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Line of Duty Compensation Act is amended by
5
changing Sections 2, 3, and 4 as follows:

6

(820 ILCS 315/2)

(from Ch. 48, par. 282)
7

Sec. 2.
As used in this Act, unless the context otherwise
8
requires:
9

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

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1
Department of Juvenile Justice employees who have daily
2
contact with inmates. For the purposes of this Act, "law
3
enforcement officer" or "officer" also means a probation
4
officer, as defined in Section 9b of the Probation and
5
Probation Officers Act.
6

The death of the foregoing employees of the Department of
7
Corrections or the Department of Juvenile Justice in order to
8
be included herein must be by the direct or indirect willful
9
act of an inmate, ward, work-releasee, parolee, aftercare
10
releasee, parole violator, aftercare release violator, person
11
under conditional release, or any person sentenced or
12
committed, or otherwise subject to confinement in or to the
13
Department of Corrections or the Department of Juvenile
14
Justice.
15

(b) "Fireman" means any person employed by the State or a
16
local governmental entity as, or otherwise serving as, a
17
member or officer of a fire department either for the purpose
18
of the prevention or control of fire or the underwater
19
recovery of drowning victims, including volunteer firemen.
20

(c) "Local governmental entity" includes counties,
21
municipalities, and municipal corporations.
22

(d) "State" means the State of Illinois and its
23
departments, divisions, boards, bureaus, commissions,
24
authorities, and colleges and universities.
25

(e) "Killed in the line of duty" means losing one's life as
26
a result of injury received in the active performance of

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LRB104 08661 SPS 18715 b
1
duties as a law enforcement officer, civil defense worker,
2
civil air patrol member, paramedic, fireman,
or
chaplain
, or
3
emergency medical services personnel
if the death occurs
4
within one year from the date the injury was received and if
5
that injury arose from violence or other accidental cause. In
6
the case of a State employee, "killed in the line of duty"
7
means losing one's life as a result of injury received in the
8
active performance of one's duties as a State employee, if the
9
death occurs within one year from the date the injury was
10
received and if that injury arose from a willful act of
11
violence by another State employee committed during such other
12
employee's course of employment and after January 1, 1988. The
13
term excludes death resulting from the willful misconduct or
14
intoxication of the officer, civil defense worker, civil air
15
patrol member, paramedic, fireman, chaplain,
emergency medical
16
services personnel,
or State employee. However, the burden of
17
proof of such willful misconduct or intoxication of the
18
officer, civil defense worker, civil air patrol member,
19
paramedic, fireman, chaplain,
emergency medical services
20
personnel,
or State employee is on the Attorney General.
21
Subject to the conditions set forth in subsection (a) with
22
respect to inclusion under this Act of Department of
23
Corrections and Department of Juvenile Justice employees
24
described in that subsection, for the purposes of this Act,
25
instances in which a law enforcement officer receives an
26
injury in the active performance of duties as a law

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LRB104 08661 SPS 18715 b
1
enforcement officer include, but are not limited to, instances
2
when:
3

(1) the injury is received as a result of a willful act
4

of violence committed other than by the officer and a
5

relationship exists between the commission of such act and
6

the officer's performance of his duties as a law
7

enforcement officer, whether or not the injury is received
8

while the officer is on duty as a law enforcement officer;
9

(2) the injury is received by the officer while the
10

officer is attempting to prevent the commission of a
11

criminal act by another or attempting to apprehend an
12

individual the officer suspects has committed a crime,
13

whether or not the injury is received while the officer is
14

on duty as a law enforcement officer;
15

(3) the injury is received by the officer while the
16

officer is traveling to or from his employment as a law
17

enforcement officer or during any meal break, or other
18

break, which takes place during the period in which the
19

officer is on duty as a law enforcement officer.
20

In the case of an Armed Forces member, "killed in the line
21
of duty" means losing one's life while on active duty in
22
connection with the September 11, 2001 terrorist attacks on
23
the United States, Operation Enduring Freedom, Operation
24
Freedom's Sentinel, Operation Iraqi Freedom, Operation New
25
Dawn, or Operation Inherent Resolve.
26

(f) "Volunteer fireman" means a person having principal

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1
employment other than as a fireman, but who is carried on the
2
rolls of a regularly constituted fire department either for
3
the purpose of the prevention or control of fire or the
4
underwater recovery of drowning victims, the members of which
5
are under the jurisdiction of the corporate authorities of a
6
city, village, incorporated town, or fire protection district,
7
and includes a volunteer member of a fire department organized
8
under the General Not for Profit Corporation Act, which is
9
under contract with any city, village, incorporated town, fire
10
protection district, or persons residing therein, for fire
11
fighting services. "Volunteer fireman" does not mean an
12
individual who volunteers assistance without being regularly
13
enrolled as a fireman.
14

(g) "Civil defense worker" means any person employed by
15
the State or a local governmental entity as, or otherwise
16
serving as, a member of a civil defense work force, including
17
volunteer civil defense work forces engaged in serving the
18
public interest during periods of disaster, whether natural or
19
man-made.
20

(h) "Civil air patrol member" means any person employed by
21
the State or a local governmental entity as, or otherwise
22
serving as, a member of the organization commonly known as the
23
"Civil Air Patrol", including volunteer members of the
24
organization commonly known as the "Civil Air Patrol".
25

(i) "Paramedic" means an Emergency Medical
26
Technician-Paramedic certified by the Illinois Department of

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1
Public Health under the Emergency Medical Services (EMS)
2
Systems Act, and all other emergency medical personnel
3
certified by the Illinois Department of Public Health who are
4
members of an organized body or not-for-profit corporation
5
under the jurisdiction of a city, village, incorporated town,
6
fire protection district, or county, that provides emergency
7
medical treatment to persons of a defined geographical area.
8

(j) "State employee" means any employee as defined in
9
Section 14-103.05 of the Illinois Pension Code.
10

(k) "Chaplain" means an individual who:
11

(1) is a chaplain of (i) a fire department or (ii) a
12

police department or other agency consisting of law
13

enforcement officers; and
14

(2) has been designated a chaplain by (i) the fire
15

department, police department, or other agency or an
16

officer or body having jurisdiction over the department or
17

agency or (ii) a labor organization representing the
18

firemen or law enforcement officers.
19

(l) "Armed Forces member" means an Illinois resident who
20
is: a member of the Armed Forces of the United States; a member
21
of the Illinois National Guard while on active military
22
service pursuant to an order of the President of the United
23
States; or a member of any reserve component of the Armed
24
Forces of the United States while on active military service
25
pursuant to an order of the President of the United States.
26

(m) "Emergency Medical Services personnel" has the meaning

HB3224
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LRB104 08661 SPS 18715 b
1
set forth in Section 3.5 of the Emergency Medical Services
2
(EMS) Systems Act.

3
(Source: P.A. 102-221, eff. 1-1-22; 103-605, eff. 7-1-24.)

4

(820 ILCS 315/3)

(from Ch. 48, par. 283)
5

Sec. 3.
Duty death benefit.
6

(a) If a claim therefor is made within 2 years of the date
7
of death of a law enforcement officer, civil defense worker,
8
civil air patrol member, paramedic, fireman, chaplain,
9
emergency medical services personnel,
or State employee killed
10
in the line of duty, or if a claim therefor is made within 2
11
years of the date of death of an Armed Forces member killed in
12
the line of duty, compensation shall be paid to the person
13
designated by the law enforcement officer, civil defense
14
worker, civil air patrol member, paramedic, fireman, chaplain,
15
emergency medical services personnel,
State employee, or Armed
16
Forces member. However, if the Armed Forces member was killed
17
in the line of duty before October 18, 2004, the claim must be
18
made within one year of October 18, 2004. In addition, if a
19
death occurred after December 31, 2016 and before January 1,
20
2021, the claim may be made no later than December 31, 2022
21
notwithstanding any other deadline established under this Act
22
with respect to filing a claim for a duty death benefit.
23

(b) The amount of compensation, except for an Armed Forces
24
member, shall be $10,000 if the death in the line of duty
25
occurred prior to January 1, 1974; $20,000 if such death

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LRB104 08661 SPS 18715 b
1
occurred after December 31, 1973 and before July 1, 1983;
2
$50,000 if such death occurred on or after July 1, 1983 and
3
before January 1, 1996; $100,000 if the death occurred on or
4
after January 1, 1996 and before May 18, 2001; $118,000 if the
5
death occurred on or after May 18, 2001 and before July 1,
6
2002; and $259,038 if the death occurred on or after July 1,
7
2002 and before January 1, 2003. For an Armed Forces member
8
killed in the line of duty (i) at any time before January 1,
9
2005, the compensation is $259,038 plus amounts equal to the
10
increases for 2003 and 2004 determined under subsection (c)
11
and (ii) on or after January 1, 2005, the compensation is the
12
amount determined under item (i) plus the applicable increases
13
for 2005 and thereafter determined under subsection (c).
14

(c) Except as provided in subsection (b), for deaths
15
occurring on or after January 1, 2003, the death compensation
16
rate for death in the line of duty occurring in a particular
17
calendar year shall be the death compensation rate for death
18
occurring in the previous calendar year (or in the case of
19
deaths occurring in 2003, the rate in effect on December 31,
20
2002) increased by a percentage thereof equal to the
21
percentage increase, if any, in the index known as the
22
Consumer Price Index for All Urban Consumers: U.S. city
23
average, unadjusted, for all items, as published by the United
24
States Department of Labor, Bureau of Labor Statistics, for
25
the 12 months ending with the month of June of that previous
26
calendar year.

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LRB104 08661 SPS 18715 b
1

(d) If no beneficiary is designated or if no designated
2
beneficiary survives at the death of the law enforcement
3
officer, civil defense worker, civil air patrol member,
4
paramedic, fireman, chaplain,
emergency medical services
5
personnel,
or State employee killed in the line of duty, the
6
compensation shall be paid in accordance with a legally
7
binding will left by the law enforcement officer, civil
8
defense worker, civil air patrol member, paramedic, fireman,
9
chaplain,
emergency medical services personnel,
or State
10
employee. If the law enforcement officer, civil defense
11
worker, civil air patrol member, paramedic, fireman, chaplain,
12
emergency medical services personnel,
or State employee did
13
not leave a legally binding will, the compensation shall be
14
paid as follows:

15

(1) when there is a surviving spouse, the entire sum
16

shall be paid to the spouse;

17

(2) when there is no surviving spouse, but a surviving
18

descendant of the decedent, the entire sum shall be paid
19

to the decedent's descendants per stirpes;

20

(3) when there is neither a surviving spouse nor a
21

surviving descendant, the entire sum shall be paid to the
22

parents of the decedent in equal parts, allowing to the
23

surviving parent, if one is dead, the entire sum; and

24

(4) when there is no surviving spouse, descendant or
25

parent of the decedent, but there are surviving brothers
26

or sisters, or descendants of a brother or sister, who

HB3224
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LRB104 08661 SPS 18715 b
1

were receiving their principal support from the decedent
2

at his death, the entire sum shall be paid, in equal parts,
3

to the dependent brothers or sisters or dependent
4

descendant of a brother or sister. Dependency shall be
5

determined by the Court of Claims based upon the
6

investigation and report of the Attorney General.
7
The changes made to this subsection (d) by this amendatory Act
8
of the 94th General Assembly apply to any pending case as long
9
as compensation has not been paid to any party before the
10
effective date of this amendatory Act of the 94th General
11
Assembly.
12

(d-1) For purposes of subsection (d), in the case of a
13
person killed in the line of duty who was born out of wedlock
14
and was not an adoptive child at the time of the person's
15
death, a person shall be deemed to be a parent of the person
16
killed in the line of duty only if that person would be an
17
eligible parent, as defined in Section 2-2 of the Probate Act
18
of 1975, of the person killed in the line of duty. This
19
subsection (d-1) applies to any pending claim if compensation
20
was not paid to the claimant of the pending claim before the
21
effective date of this amendatory Act of the 94th General
22
Assembly.
23

(d-2) If no beneficiary is designated or if no designated
24
beneficiary survives at the death of the Armed Forces member
25
killed in the line of duty, the compensation shall be paid in
26
entirety according to the designation made on the most recent

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1
version of the Armed Forces member's Servicemembers' Group
2
Life Insurance Election and Certificate ("SGLI").
3

If no SGLI form exists at the time of the Armed Forces
4
member's death, the compensation shall be paid in accordance
5
with a legally binding will left by the Armed Forces member.
6

If no SGLI form exists for the Armed Forces member and the
7
Armed Forces member did not leave a legally binding will, the
8
compensation shall be paid to the persons and in the priority
9
as set forth in paragraphs (1) through (4) of subsection (d) of
10
this Section.
11

This subsection (d-2) applies to any pending case as long
12
as compensation has not been paid to any party before the
13
effective date of this amendatory Act of the 94th General
14
Assembly.
15

(e) If there is no beneficiary designated or if no
16
designated beneficiary survives at the death of the law
17
enforcement officer, civil defense worker, civil air patrol
18
member, paramedic, fireman, chaplain,
emergency medical
19
services personnel,
State employee, or Armed Forces member
20
killed in the line of duty and there is no other person or
21
entity to whom compensation is payable under this Section, no
22
compensation shall be payable under this Act.
23

(f) No part of such compensation may be paid to any other
24
person for any efforts in securing such compensation.
25

(g) This amendatory Act of the 93rd General Assembly
26
applies to claims made on or after October 18, 2004 with

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LRB104 08661 SPS 18715 b
1
respect to an Armed Forces member killed in the line of duty.
2

(h) In any case for which benefits have not been paid
3
within 6 months of the claim being filed in accordance with
4
this Section, which is pending as of the effective date of this
5
amendatory Act of the 96th General Assembly, and in which
6
there are 2 or more beneficiaries, at least one of whom would
7
receive at least a portion of the total benefit regardless of
8
the manner in which the Court of Claims resolves the claim, the
9
Court shall direct the Comptroller to pay the minimum amount
10
of money which the determinate beneficiary would receive
11
together with all interest payment penalties which have
12
accrued on that portion of the award being paid within 30 days
13
of the effective date of this amendatory Act of the 96th
14
General Assembly. For purposes of this subsection (h),
15
"determinate beneficiary" means the beneficiary who would
16
receive any portion of the total benefit claimed regardless of
17
the manner in which the Court of Claims adjudicates the claim.
18

(i) The Court of Claims shall ensure that all individuals
19
who have filed an application to claim the duty death benefit
20
for a deceased member of the Armed Forces pursuant to this
21
Section or for a fireman pursuant to this Section, or their
22
designated representative, shall have access, on a timely
23
basis and in an efficient manner, to all information related
24
to the court's consideration, processing, or adjudication of
25
the claim, including, but not limited to, the following:
26

(1) a reliable estimate of when the Court of Claims

HB3224
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LRB104 08661 SPS 18715 b
1

will adjudicate the claim, or if the Court cannot estimate
2

when it will adjudicate the claim, a full written
3

explanation of the reasons for this inability; and
4

(2) a reliable estimate, based upon consultation with
5

the Comptroller, of when the benefit will be paid to the
6

claimant.
7

(j) The Court of Claims shall send written notice to all
8
claimants within 2 weeks of the initiation of a claim
9
indicating whether or not the application is complete. For
10
purposes of this subsection (j), an application is complete if
11
a claimant has submitted to the Court of Claims all documents
12
and information the Court requires for adjudicating and paying
13
the benefit amount. For purposes of this subsection (j), a
14
claim for the duty death benefit is initiated when a claimant
15
submits any of the application materials required for
16
adjudicating the claim to the Court of Claims. In the event a
17
claimant's application is incomplete, the Court shall include
18
in its written notice a list of the information or documents
19
which the claimant must submit in order for the application to
20
be complete. In no case may the Court of Claims deny a claim
21
and subsequently re-adjudicate the same claim for the purpose
22
of evading or reducing the interest penalty payment amount
23
payable to any claimant.
24
(Source: P.A. 102-215, eff. 7-30-21; 103-8, eff. 6-7-23.)

25

(820 ILCS 315/4)

(from Ch. 48, par. 284)

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LRB104 08661 SPS 18715 b
1

Sec. 4.
Notwithstanding Section 3, no compensation is
2
payable under this Act unless a claim therefor is filed,
3
within the time specified by that Section with the Court of
4
Claims on an application prescribed and furnished by the
5
Attorney General and setting forth:
6

(a) the name, address and title or designation of the
7

position in which the officer, civil defense worker, civil
8

air patrol member, paramedic, fireman, chaplain,
emergency
9

medical services personnel,
State employee, or Armed
10

Forces member was serving at the time of his death;
11

(b) the names and addresses of person or persons
12

designated by the officer, civil defense worker, civil air
13

patrol member, paramedic, fireman, chaplain,
emergency
14

medical services personnel,
State employee, or Armed
15

Forces member to receive the compensation and, if more
16

than one, the percentage or share to be paid to each such
17

person, or if there has been no such designation, the name
18

and address of the personal representative of the estate
19

of the officer, civil defense worker, civil air patrol
20

member, paramedic, fireman, chaplain,
emergency medical
21

services personnel,
State employee, or Armed Forces
22

member;
23

(c) a full, factual account of the circumstances
24

resulting in or the course of events causing the death of
25

the officer, civil defense worker, civil air patrol
26

member, paramedic, fireman, chaplain,
emergency medical

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LRB104 08661 SPS 18715 b
1

services personnel,
State employee, or Armed Forces
2

member; and
3

(d) such other information as the Court of Claims
4

reasonably requires.
5

When a claim is filed, the Attorney General shall make an
6
investigation for substantiation of matters set forth in such
7
an application.
8

For the 2 years immediately following the effective date
9
of this amendatory act of the 96th General Assembly, the Court
10
of Claims shall direct the Comptroller to pay a
11
"Modified-Eligibility Line of Duty Benefit" to eligible late
12
claimants who file a claim for the benefit. A claim for a
13
Modified-Eligibility Line of Duty Benefit must include all the
14
application materials and documents required for all other
15
claims payable under this Act, except as otherwise provided in
16
this Section 4. For purposes of this Section 4 only, an
17
"eligible late claimant" is a person who would have been
18
eligible, at any time after September 11, 2001, to apply for
19
and receive payment of a claim pursuant to this Act in
20
connection with the death of an Armed Forces member killed in
21
the line of duty or a fireman killed in the line of duty, but
22
did not receive the award payment because:
23

(1) the claim was rejected only because the claim was
24

not filed within the time limitation set forth in
25

subsection (a) of Section 3 of this Act; or
26

(2) having met all other preconditions for applying

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LRB104 08661 SPS 18715 b
1

for and receiving the award payment, the claimant did not
2

file a claim because the claim would not have been filed
3

within the time limitation set forth in subsection (a) of
4

Section 3 of this Act. For purposes of this Section 4 only,
5

the "Modified-Eligibility Line of Duty Benefit" is an
6

amount of money payable to eligible late claimants equal
7

to the amount set forth in Section 3 of this Act payable to
8

claimants seeking payment of awards under Section 3 of
9

this Act for claims made thereunder in the year in which
10

the claim for the Modified-Eligibility Line of Duty
11

Benefit is made. Within 6 months of receiving a complete
12

claim for the Modified-Eligibility Line of Duty Benefit,
13

the Court of Claims must direct the Comptroller to pay the
14

benefit amount to the eligible late claimant.
15
(Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)

16

Section 99.
Effective date.
This Act takes effect upon
17
becoming law.

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