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Full Text of HB5595

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HB5595 - 104th General Assembly

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House Amendment 001

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HB5595 Engrossed
LRB104 15262 RTM 28412 b
1

AN ACT concerning State government.

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 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
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

HB5595 Engrossed
- 2 -
LRB104 15262 RTM 28412 b
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

HB5595 Engrossed
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LRB104 15262 RTM 28412 b
1
duties as a law enforcement officer, civil defense worker,
2
civil air patrol member, paramedic, fireman, or chaplain if
3
the death occurs within one year from the date the injury was
4
received and if that injury arose from violence or other
5
accidental cause. In the case of a State employee, "killed in
6
the line of duty" means losing one's life as a result of injury
7
received in the active performance of one's duties as a State
8
employee, if the death occurs within one year from the date the
9
injury was received and if that injury arose from a willful act
10
of violence by another State employee committed during such
11
other employee's course of employment and after January 1,
12
1988. The term excludes death resulting from the willful
13
misconduct or intoxication of the officer, civil defense
14
worker, civil air patrol member, paramedic, fireman, chaplain,
15
or State employee. However, the burden of proof of such
16
willful misconduct or intoxication of the officer, civil
17
defense worker, civil air patrol member, paramedic, fireman,
18
chaplain, or State employee is on the Attorney General.
19
Subject to the conditions set forth in subsection (a) with
20
respect to inclusion under this Act of Department of
21
Corrections and Department of Juvenile Justice employees
22
described in that subsection, for the purposes of this Act,
23
instances in which a law enforcement officer receives an
24
injury in the active performance of duties as a law
25
enforcement officer include, but are not limited to, instances
26
when:

HB5595 Engrossed
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LRB104 15262 RTM 28412 b
1

(1) the injury is received as a result of a willful act
2

of violence committed other than by the officer and a
3

relationship exists between the commission of such act and
4

the officer's performance of his duties as a law
5

enforcement officer, whether or not the injury is received
6

while the officer is on duty as a law enforcement officer;
7

(2) the injury is received by the officer while the
8

officer is attempting to prevent the commission of a
9

criminal act by another or attempting to apprehend an
10

individual the officer suspects has committed a crime,
11

whether or not the injury is received while the officer is
12

on duty as a law enforcement officer;
13

(3) the injury is received by the officer while the
14

officer is traveling to or from his employment as a law
15

enforcement officer or during any meal break, or other
16

break, which takes place during the period in which the
17

officer is on duty as a law enforcement officer.
18

In the case of an Armed Forces member, "killed in the line
19
of duty" means losing one's life while on active duty in
20
connection with the September 11, 2001 terrorist attacks on
21
the United States, Operation Enduring Freedom, Operation
22
Freedom's Sentinel, Operation Iraqi Freedom, Operation New
23
Dawn, or Operation Inherent Resolve.
24

(f) "Volunteer fireman" means a person having principal
25
employment other than as a fireman, but who is carried on the
26
rolls of a regularly constituted fire department either for

HB5595 Engrossed
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LRB104 15262 RTM 28412 b
1
the purpose of the prevention or control of fire or the
2
underwater recovery of drowning victims, the members of which
3
are under the jurisdiction of the corporate authorities of a
4
city, village, incorporated town, or fire protection district,
5
and includes a volunteer member of a fire department organized
6
under the General Not for Profit Corporation Act, which is
7
under contract with any city, village, incorporated town, fire
8
protection district, or persons residing therein, for fire
9
fighting services. "Volunteer fireman" does not mean an
10
individual who volunteers assistance without being regularly
11
enrolled as a fireman.
12

(g) "Civil defense worker" means any person employed by
13
the State or a local governmental entity as, or otherwise
14
serving as, a member of a civil defense work force, including
15
volunteer civil defense work forces engaged in serving the
16
public interest during periods of disaster, whether natural or
17
man-made.
18

(h) "Civil air patrol member" means any person employed by
19
the State or a local governmental entity as, or otherwise
20
serving as, a member of the organization commonly known as the
21
"Civil Air Patrol", including volunteer members of the
22
organization commonly known as the "Civil Air Patrol".
23

(i) "Paramedic" means an Emergency Medical
24
Technician-Paramedic certified by the Illinois Department of
25
Public Health under the Emergency Medical Services (EMS)
26
Systems Act, and all other emergency medical personnel

HB5595 Engrossed
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LRB104 15262 RTM 28412 b
1
certified by the Illinois Department of Public Health who are
2
members of an organized body or not-for-profit corporation
3
under the jurisdiction of a city, village, incorporated town,
4
fire protection district, or county, that provides emergency
5
medical treatment to persons of a defined geographical area.
6

(j) "State employee" means any employee as defined in
7
Section 14-103.05 of the Illinois Pension Code.
8

(k) "Chaplain" means an individual who:
9

(1) is a chaplain of (i) a fire department or (ii) a
10

police department or other agency consisting of law
11

enforcement officers; and
12

(2) has been designated a chaplain by (i) the fire
13

department, police department, or other agency or an
14

officer or body having jurisdiction over the department or
15

agency or (ii) a labor organization representing the
16

firemen or law enforcement officers.
17

(l) "Armed Forces member" means an Illinois resident who
18
is: a member of the Armed Forces of the United States; a member
19
of the Illinois National Guard while on active military
20
service pursuant to an order of the President of the United
21
States; or a member of any reserve component of the Armed
22
Forces of the United States while on active military service
23
pursuant to an order of the President of the United States.
24

(m) "Descendant" has the meaning given to the term "child"
25
in Section 7 of the Workers' Compensation Act.

26
(Source: P.A. 102-221, eff. 1-1-22; 103-605, eff. 7-1-24.)

HB5595 Engrossed
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LRB104 15262 RTM 28412 b
1

Section 10.
The Public Safety Employee Benefits Act is
2
amended by changing Section 3 and by adding Section 16 as
3
follows:

4

(820 ILCS 320/3)
5

Sec. 3.
Definition.
For the purposes of this Act, the term
6
"firefighter" includes, without limitation, a licensed
7
emergency medical technician (EMT) who is a sworn member of a
8
public fire department, a paramedic employed by a unit of
9
local government, or an EMT, emergency medical
10
technician-intermediate (EMT-I), or advanced emergency medical
11
technician (A-EMT) employed by a unit of local government.
12

For the purposes of this Act, the term "health insurance
13
plan" is limited to the insurance plan options that are
14
codified in the employee's collective bargaining agreement. If
15
the collective bargaining agreement is silent on plan options,
16
the available plans for the employee shall be negotiated with
17
the authorized representative and subject to the grievance
18
process.
19

For the purposes of this Act, the term "child" has the
20
meaning set forth in Section 7 of the Workers' Compensation
21
Act.
22
(Source: P.A. 102-439, eff. 1-1-22
.)

23

(820 ILCS 320/16 new)

HB5595 Engrossed
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LRB104 15262 RTM 28412 b
1

Sec. 16.
Non-designated beneficiaries.
A child or
2
posthumous child of a firefighter, law enforcement, or
3
correctional or correctional probation officer shall not be
4
denied benefits under this Act on the basis that the child had
5
not been born or had not been designated as a beneficiary on
6
the date the firefighter, law enforcement, or correctional or
7
correctional probation officer was killed. This Section
8
applies to actions not brought to final and unappealable
9
judgment on or before the effective date of this amendatory
10
Act of the 104th General Assembly as well as actions commenced
11
on or after its effective date.

12

Section 99.
Effective date.
This Act takes effect upon
13
becoming law.

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