Bill Text: IL HB4270 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Line of Duty Compensation Act. Includes emergency medical services personnel within the scope of the Act. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB4270 Detail]

Download: Illinois-2023-HB4270-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4270

Introduced , 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.
LRB103 35807 SPS 65891 b

A BILL FOR

HB4270LRB103 35807 SPS 65891 b
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 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
8requires:
9 (a) "Law enforcement officer" or "officer" means any
10person employed by the State or a local governmental entity as
11a policeman, peace officer, auxiliary policeman or in some
12like position involving the enforcement of the law and
13protection of the public interest at the risk of that person's
14life. This includes supervisors, wardens, superintendents and
15their assistants, guards and keepers, correctional officers,
16youth supervisors, parole agents, aftercare specialists,
17school teachers and correctional counsellors in all facilities
18of both the Department of Corrections and the Department of
19Juvenile Justice, while within the facilities under the
20control of the Department of Corrections or the Department of
21Juvenile Justice or in the act of transporting inmates or
22wards from one location to another or while performing their
23official duties, and all other Department of Correction or

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

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

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1enforcement officer include but are not limited to instances
2when:
3 (1) the injury is received as a result of a wilful 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 travelling 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
21of duty" means losing one's life while on active duty in
22connection with the September 11, 2001 terrorist attacks on
23the United States, Operation Enduring Freedom, Operation
24Freedom's Sentinel, Operation Iraqi Freedom, Operation New
25Dawn, or Operation Inherent Resolve.
26 (f) "Volunteer fireman" means a person having principal

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

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

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1pursuant to an order of the President of the United States.
2 (m) "Emergency Medical Services personnel" has the meaning
3set forth in Section 3.5 of the Emergency Medical Services
4(EMS) Systems Act.
5(Source: P.A. 102-221, eff. 1-1-22.)
6 (820 ILCS 315/3) (from Ch. 48, par. 283)
7 Sec. 3. Duty death benefit.
8 (a) If a claim therefor is made within 2 years of the date
9of death of a law enforcement officer, civil defense worker,
10civil air patrol member, paramedic, fireman, chaplain,
11emergency medical services personnel, or State employee killed
12in the line of duty, or if a claim therefor is made within 2
13years of the date of death of an Armed Forces member killed in
14the line of duty, compensation shall be paid to the person
15designated by the law enforcement officer, civil defense
16worker, civil air patrol member, paramedic, fireman, chaplain,
17emergency medical services personnel, State employee, or Armed
18Forces member. However, if the Armed Forces member was killed
19in the line of duty before October 18, 2004, the claim must be
20made within one year of October 18, 2004. In addition, if a
21death occurred after December 31, 2016 and before January 1,
222021, the claim may be made no later than December 31, 2022
23notwithstanding any other deadline established under this Act
24with respect to filing a claim for a duty death benefit.
25 (b) The amount of compensation, except for an Armed Forces

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1member, shall be $10,000 if the death in the line of duty
2occurred prior to January 1, 1974; $20,000 if such death
3occurred after December 31, 1973 and before July 1, 1983;
4$50,000 if such death occurred on or after July 1, 1983 and
5before January 1, 1996; $100,000 if the death occurred on or
6after January 1, 1996 and before May 18, 2001; $118,000 if the
7death occurred on or after May 18, 2001 and before July 1,
82002; and $259,038 if the death occurred on or after July 1,
92002 and before January 1, 2003. For an Armed Forces member
10killed in the line of duty (i) at any time before January 1,
112005, the compensation is $259,038 plus amounts equal to the
12increases for 2003 and 2004 determined under subsection (c)
13and (ii) on or after January 1, 2005, the compensation is the
14amount determined under item (i) plus the applicable increases
15for 2005 and thereafter determined under subsection (c).
16 (c) Except as provided in subsection (b), for deaths
17occurring on or after January 1, 2003, the death compensation
18rate for death in the line of duty occurring in a particular
19calendar year shall be the death compensation rate for death
20occurring in the previous calendar year (or in the case of
21deaths occurring in 2003, the rate in effect on December 31,
222002) increased by a percentage thereof equal to the
23percentage increase, if any, in the index known as the
24Consumer Price Index for All Urban Consumers: U.S. city
25average, unadjusted, for all items, as published by the United
26States Department of Labor, Bureau of Labor Statistics, for

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1the 12 months ending with the month of June of that previous
2calendar year.
3 (d) If no beneficiary is designated or if no designated
4beneficiary survives at the death of the law enforcement
5officer, civil defense worker, civil air patrol member,
6paramedic, fireman, chaplain, emergency medical services
7personnel, or State employee killed in the line of duty, the
8compensation shall be paid in accordance with a legally
9binding will left by the law enforcement officer, civil
10defense worker, civil air patrol member, paramedic, fireman,
11chaplain, emergency medical services personnel, or State
12employee. If the law enforcement officer, civil defense
13worker, civil air patrol member, paramedic, fireman, chaplain,
14emergency medical services personnel, or State employee did
15not leave a legally binding will, the compensation shall be
16paid as follows:
17 (1) when there is a surviving spouse, the entire sum
18 shall be paid to the spouse;
19 (2) when there is no surviving spouse, but a surviving
20 descendant of the decedent, the entire sum shall be paid
21 to the decedent's descendants per stirpes;
22 (3) when there is neither a surviving spouse nor a
23 surviving descendant, the entire sum shall be paid to the
24 parents of the decedent in equal parts, allowing to the
25 surviving parent, if one is dead, the entire sum; and
26 (4) when there is no surviving spouse, descendant or

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1 parent of the decedent, but there are surviving brothers
2 or sisters, or descendants of a brother or sister, who
3 were receiving their principal support from the decedent
4 at his death, the entire sum shall be paid, in equal parts,
5 to the dependent brothers or sisters or dependent
6 descendant of a brother or sister. Dependency shall be
7 determined by the Court of Claims based upon the
8 investigation and report of the Attorney General.
9The changes made to this subsection (d) by this amendatory Act
10of the 94th General Assembly apply to any pending case as long
11as compensation has not been paid to any party before the
12effective date of this amendatory Act of the 94th General
13Assembly.
14 (d-1) For purposes of subsection (d), in the case of a
15person killed in the line of duty who was born out of wedlock
16and was not an adoptive child at the time of the person's
17death, a person shall be deemed to be a parent of the person
18killed in the line of duty only if that person would be an
19eligible parent, as defined in Section 2-2 of the Probate Act
20of 1975, of the person killed in the line of duty. This
21subsection (d-1) applies to any pending claim if compensation
22was not paid to the claimant of the pending claim before the
23effective date of this amendatory Act of the 94th General
24Assembly.
25 (d-2) If no beneficiary is designated or if no designated
26beneficiary survives at the death of the Armed Forces member

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1killed in the line of duty, the compensation shall be paid in
2entirety according to the designation made on the most recent
3version of the Armed Forces member's Servicemembers' Group
4Life Insurance Election and Certificate ("SGLI").
5 If no SGLI form exists at the time of the Armed Forces
6member's death, the compensation shall be paid in accordance
7with a legally binding will left by the Armed Forces member.
8 If no SGLI form exists for the Armed Forces member and the
9Armed Forces member did not leave a legally binding will, the
10compensation shall be paid to the persons and in the priority
11as set forth in paragraphs (1) through (4) of subsection (d) of
12this Section.
13 This subsection (d-2) applies to any pending case as long
14as compensation has not been paid to any party before the
15effective date of this amendatory Act of the 94th General
16Assembly.
17 (e) If there is no beneficiary designated or if no
18designated beneficiary survives at the death of the law
19enforcement officer, civil defense worker, civil air patrol
20member, paramedic, fireman, chaplain, emergency medical
21services personnel, State employee, or Armed Forces member
22killed in the line of duty and there is no other person or
23entity to whom compensation is payable under this Section, no
24compensation shall be payable under this Act.
25 (f) No part of such compensation may be paid to any other
26person for any efforts in securing such compensation.

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1 (g) This amendatory Act of the 93rd General Assembly
2applies to claims made on or after October 18, 2004 with
3respect to an Armed Forces member killed in the line of duty.
4 (h) In any case for which benefits have not been paid
5within 6 months of the claim being filed in accordance with
6this Section, which is pending as of the effective date of this
7amendatory Act of the 96th General Assembly, and in which
8there are 2 or more beneficiaries, at least one of whom would
9receive at least a portion of the total benefit regardless of
10the manner in which the Court of Claims resolves the claim, the
11Court shall direct the Comptroller to pay the minimum amount
12of money which the determinate beneficiary would receive
13together with all interest payment penalties which have
14accrued on that portion of the award being paid within 30 days
15of the effective date of this amendatory Act of the 96th
16General Assembly. For purposes of this subsection (h),
17"determinate beneficiary" means the beneficiary who would
18receive any portion of the total benefit claimed regardless of
19the manner in which the Court of Claims adjudicates the claim.
20 (i) The Court of Claims shall ensure that all individuals
21who have filed an application to claim the duty death benefit
22for a deceased member of the Armed Forces pursuant to this
23Section or for a fireman pursuant to this Section, or their
24designated representative, shall have access, on a timely
25basis and in an efficient manner, to all information related
26to the court's consideration, processing, or adjudication of

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1the claim, including, but not limited to, the following:
2 (1) a reliable estimate of when the Court of Claims
3 will adjudicate the claim, or if the Court cannot estimate
4 when it will adjudicate the claim, a full written
5 explanation of the reasons for this inability; and
6 (2) a reliable estimate, based upon consultation with
7 the Comptroller, of when the benefit will be paid to the
8 claimant.
9 (j) The Court of Claims shall send written notice to all
10claimants within 2 weeks of the initiation of a claim
11indicating whether or not the application is complete. For
12purposes of this subsection (j), an application is complete if
13a claimant has submitted to the Court of Claims all documents
14and information the Court requires for adjudicating and paying
15the benefit amount. For purposes of this subsection (j), a
16claim for the duty death benefit is initiated when a claimant
17submits any of the application materials required for
18adjudicating the claim to the Court of Claims. In the event a
19claimant's application is incomplete, the Court shall include
20in its written notice a list of the information or documents
21which the claimant must submit in order for the application to
22be complete. In no case may the Court of Claims deny a claim
23and subsequently re-adjudicate the same claim for the purpose
24of evading or reducing the interest penalty payment amount
25payable to any claimant.
26(Source: P.A. 102-215, eff. 7-30-21; 103-8, eff. 6-7-23.)

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1 (820 ILCS 315/4) (from Ch. 48, par. 284)
2 Sec. 4. Notwithstanding Section 3, no compensation is
3payable under this Act unless a claim therefor is filed,
4within the time specified by that Section with the Court of
5Claims on an application prescribed and furnished by the
6Attorney General and setting forth:
7 (a) the name, address and title or designation of the
8 position in which the officer, civil defense worker, civil
9 air patrol member, paramedic, fireman, chaplain, emergency
10 medical services personnel, State employee, or Armed
11 Forces member was serving at the time of his death;
12 (b) the names and addresses of person or persons
13 designated by the officer, civil defense worker, civil air
14 patrol member, paramedic, fireman, chaplain, emergency
15 medical services personnel, State employee, or Armed
16 Forces member to receive the compensation and, if more
17 than one, the percentage or share to be paid to each such
18 person, or if there has been no such designation, the name
19 and address of the personal representative of the estate
20 of the officer, civil defense worker, civil air patrol
21 member, paramedic, fireman, chaplain, emergency medical
22 services personnel, State employee, or Armed Forces
23 member;
24 (c) a full, factual account of the circumstances
25 resulting in or the course of events causing the death of

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1 the officer, civil defense worker, civil air patrol
2 member, paramedic, fireman, chaplain, emergency medical
3 services personnel, State employee, or Armed Forces
4 member; and
5 (d) such other information as the Court of Claims
6 reasonably requires.
7 When a claim is filed, the Attorney General shall make an
8investigation for substantiation of matters set forth in such
9an application.
10 For the 2 years immediately following the effective date
11of this amendatory act of the 96th General Assembly, the Court
12of Claims shall direct the Comptroller to pay a
13"Modified-Eligibility Line of Duty Benefit" to eligible late
14claimants who file a claim for the benefit. A claim for a
15Modified-Eligibility Line of Duty Benefit must include all the
16application materials and documents required for all other
17claims payable under this Act, except as otherwise provided in
18this Section 4. For purposes of this Section 4 only, an
19"eligible late claimant" is a person who would have been
20eligible, at any time after September 11, 2001, to apply for
21and receive payment of a claim pursuant to this Act in
22connection with the death of an Armed Forces member killed in
23the line of duty or a fireman killed in the line of duty, but
24did not receive the award payment because:
25 (1) the claim was rejected only because the claim was
26 not filed within the time limitation set forth in

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1 subsection (a) of Section 3 of this Act; or
2 (2) having met all other preconditions for applying
3 for and receiving the award payment, the claimant did not
4 file a claim because the claim would not have been filed
5 within the time limitation set forth in subsection (a) of
6 Section 3 of this Act. For purposes of this Section 4 only,
7 the "Modified-Eligibility Line of Duty Benefit" is an
8 amount of money payable to eligible late claimants equal
9 to the amount set forth in Section 3 of this Act payable to
10 claimants seeking payment of awards under Section 3 of
11 this Act for claims made thereunder in the year in which
12 the claim for the Modified-Eligibility Line of Duty
13 Benefit is made. Within 6 months of receiving a complete
14 claim for the Modified-Eligibility Line of Duty Benefit,
15 the Court of Claims must direct the Comptroller to pay the
16 benefit amount to the eligible late claimant.
17(Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)
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