Rep. Jay Hoffman
Filed: 5/22/2020
 
 


 




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1
AMENDMENT TO SENATE BILL 471




2 AMENDMENT NO. ______. Amend Senate Bill 471 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Public Employee Disability Act is amended 
5by changing Section 1 as follows:




6 (5 ILCS 345/1) (from Ch. 70, par. 91)



7 Sec. 1. Disability benefit. 

8 (a) For the purposes of this Section, "eligible employee" 
9means any
part-time or full-time State correctional officer or 
10any other full or
part-time employee of the Department of 
11Corrections, any full or part-time
employee of the Prisoner 
12Review Board, any full or part-time employee of the
Department 
13of Human Services working within a
penal institution or a State 
14mental health or developmental
disabilities facility operated 
15by the Department of Human Services, and any
full-time law 
16enforcement officer or
full-time firefighter, including a 
 
 
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1full-time paramedic or a firefighter who performs paramedic 
2duties, who is employed by the State of Illinois, any unit of

3local government (including any home rule unit), any State 
4supported college or
university, or any other public entity 
5granted the power to employ persons for
such purposes by law.

6 (b) Whenever an eligible employee suffers any injury in the 
7line of duty
which causes him to be unable to perform his 
8duties, he shall continue to be
paid by the employing public 
9entity on the same basis as he was paid before the
injury, with 
10no deduction from his sick leave credits, compensatory time for

11overtime accumulations or vacation, or service credits in a 
12public employee
pension fund during the time he is unable to 
13perform his duties due to the
result of the injury, but not 
14longer than one year in relation to the same
injury, except as 
15otherwise provided under subsection (b-5). However, no injury 
16to an employee of the Department
of Corrections or
the Prisoner 
17Review Board working within a penal institution or an employee 
18of
the Department of Human Services working within a

19departmental mental health or developmental disabilities 
20facility shall
qualify the employee for benefits under this 
21Section unless the
injury is the
direct or indirect result of 
22violence by inmates of the penal institution or
residents of 
23the mental health or developmental
disabilities facility.

24 (b-5) Upon the occurrence of circumstances, directly or 
25indirectly attributable to COVID-19, occurring on or after 
26March 9, 2020 and on or before December 31, 2020 which would 
 
 
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1hinder the physical recovery from an injury of an eligible 
2employee within the one-year period as required under 
3subsection (b), the eligible employee shall be entitled to an 
4extension of no longer than 60 days by which he or she shall 
5continue to be paid by the employing public entity on the same 
6basis as he or she was paid before the injury. The employing 
7public entity may require proof of the circumstances hindering 
8an eligible employee's physical recovery before granting the 
9extension provided under this subsection (b-5). 
10 (c) At any time during the period for which continuing 
11compensation
is required by this Act, the employing public 
12entity may order at the
expense of that entity physical or 
13medical examinations of the injured
person to determine the 
14degree of disability.

15 (d) During this period of disability, the injured person 
16shall not
be employed in any other manner, with or without 
17monetary compensation.
Any person who is employed in violation 
18of this paragraph forfeits the
continuing compensation 
19provided by this Act from the time such
employment begins. Any 
20salary compensation due the injured person from
workers' 
21compensation or any salary due him from any type of insurance

22which may be carried by the employing public entity shall 
23revert to that
entity during the time for which continuing 
24compensation is paid to him
under this Act. Any person with a 
25disability receiving compensation under the
provisions of this 
26Act shall not be entitled to any benefits for which
he would 
 
 
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1qualify because of his disability under the provisions of the

2Illinois Pension Code.

3 (e) Any employee of the State of Illinois, as defined in 
4Section 14-103.05
of the Illinois Pension Code, who becomes 
5permanently unable to perform the
duties of such employment due 
6to an injury received in the active performance
of his duties 
7as a State employee as a result of a willful act of violence by

8another employee of the State of Illinois, as so defined, 
9committed during such
other employee's course of employment and 
10after January 1, 1988, shall be
eligible for benefits pursuant 
11to the provisions of this Section. For purposes
of this 
12Section, permanent disability is defined as a diagnosis or 
13prognosis of
an inability to return to current job duties by a 
14physician licensed to
practice medicine in all of its branches.

15 (f) The compensation and other benefits provided to 
16part-time employees
covered by this Section shall be calculated 
17based on the percentage of time
the part-time employee was 
18scheduled to work pursuant to his or her status as
a part-time 
19employee.

20 (g) Pursuant to paragraphs (h) and (i) of Section 6 of 
21Article VII of
the Illinois Constitution, this Act specifically 
22denies and limits the exercise
by home rule units of any power 
23which is inconsistent herewith, and all
existing laws and 
24ordinances which are inconsistent herewith are hereby

25superseded. This Act does not preempt the concurrent exercise 
26by home rule
units of powers consistent herewith.

 
 
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1 This Act does not apply to any home rule unit with a 
2population of over
1,000,000.

3 (h) In those cases where the injury to a State employee for 
4which
a benefit is payable under this Act was caused
under 
5circumstances creating a legal liability for damages on the 
6part
of some person other than the State employer, all of the 
7rights
and privileges, including the right to notice of suit 
8brought against
such other person and the right to commence or 
9join in such suit, as
given the employer, together with the 
10conditions or obligations imposed
under paragraph (b) of 
11Section 5 of the Workers' Compensation Act,
are also given and 
12granted to the State, to the end that, with respect to State 
13employees only, the State
may be paid or reimbursed for the 
14amount of
benefit paid or
to be paid by the
State to the 
15injured employee or his or her personal representative out of 
16any
judgment, settlement, or payment
for such injury obtained 
17by such injured employee or his
or her personal representative 
18from such other person by virtue of the injury. 
19(Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)


20 Section 10. The Illinois Horse Racing Act of 1975 is 
21amended by adding Section 15.5 as follows:

22 (230 ILCS 5/15.5 new)
23 Sec. 15.5. Labor agreements.
24 (a) This Section applies to each entity subject to this Act 
 
 
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1that has at least 10 employees on average over the 12 months 
2preceding application for an organization gaming license.
3 (b) Before an organization gaming license may be granted or 
4renewed, the applicant or licensee seeking an organization 
5gaming license or renewal shall:
6  (1) Enter into, and observe, the terms of a collective 
7 bargaining agreement with any labor organization seeking 
8 to represent a majority of the licensee's employees in a 
9 bargaining unit consisting of all non-supervisory and 
10 non-management employees in the classifications identified 
11 by the labor organization. Any new employees hired by the 
12 licensee who perform work substantially similar to current 
13 employees in an existing bargaining unit already 
14 represented by a labor organization at the facility shall 
15 be incorporated into that existing bargaining unit.
16  (2) Upon written notice by a labor organization of its 
17 desire to represent employees in a designated bargaining 
18 unit, the licensee shall:
19   (A) provide the names, classifications, and home 
20 addresses of each and every employee in the identified 
21 bargaining unit;
22   (B) refrain from expressing any views on the 
23 question whether its employees should be represented 
24 by a labor organization;
25   (C) refrain from restraining or coercing its 
26 employees in choosing to be represented or not 
 
 
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1 represented by a labor organization; and
2   (D) allow designated representatives of the labor 
3 organization access to its non-work areas for the 
4 purpose of meeting privately with its employees during 
5 non-working times.
6  (3) Upon a showing of majority interest, to be 
7 certified through card check by the Federal Mediation and 
8 Conciliation Service or from a designated arbitrator from a 
9 permanent panel of arbitrators appointed by the Illinois 
10 Racing Board, the licensee and the labor organization shall 
11 immediately enter into negotiations for a collective 
12 bargaining agreement.
13  (4) If the parties are unable to conclude a labor 
14 agreement within 60 days following the date of 
15 certification, the terms of the agreement shall be set by 
16 an arbitrator jointly selected by the parties from a panel 
17 of arbitrators designated by the Illinois Racing Board, who 
18 shall issue a final and binding award within 120 days after 
19 the date of certification, if the parties fail to conclude 
20 an agreement by that date. Except with regard to the 
21 minimum requirements in paragraph (5), the arbitrator 
22 shall be guided by the terms of labor agreements covering 
23 the same or similar classifications of employees within 100 
24 miles of the facility or facilities for which the agreement 
25 is negotiated. The arbitrator shall also resolve all 
26 disputes regarding the scope and composition of the 
 
 
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1 bargaining unit covered under the labor agreement. The 
2 licensee and the labor organization shall share equally the 
3 expenses of the arbitrator. No labor agreement shall cover 
4 employees in a bargaining unit for which another labor 
5 organization has been certified as a bargaining 
6 representative under this Act and that continues to 
7 actively represent such employees.
8  (5) All labor agreements required under this Section 
9 shall, at a minimum, include a:
10   (A) term of at least 3 years;
11   (B) prohibition on strikes or other work stoppages 
12 by the labor organization and the represented 
13 employees during the term of the labor agreement; and
14   (C) restriction on subcontracting any work 
15 performed on or about the licensee's premises as part 
16 of its normal operations except by mutual agreement 
17 with the labor organization, and then only to a person 
18 or firm that is signatory to a labor agreement with a 
19 labor organization that has indicated its interest in 
20 representing the employees of the subcontractor, 
21 provided, the subcontractor's employees are not 
22 lawfully represented by another labor organization.
23  (6) A copy of the fully executed labor agreement shall 
24 be submitted to the Illinois Racing Board prior to the 
25 issuance or renewal of any organization gaming license 
26 required under this Act.
 
 
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1 (c) Upon the expiration of a labor agreement required under 
2this Section, the parties shall negotiate a successor agreement 
3under the procedures set forth in paragraphs (4) and (5) of 
4subsection (b), except that the negotiation and arbitration 
5procedures shall commence upon the last effective day of the 
6expiring labor agreement.
7 (d) The provisions of this Section, except for paragraph 
8(2) of subsection (b), do not apply to any entity that is 
9covered, or subsequently becomes covered, under the National 
10Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in 
11this Act shall affect or diminish the validity and 
12enforceability of any collective bargaining agreement entered 
13into during the period that this Act applies.

14 Section 15. The Criminal Code of 2012 is amended by 
15changing Section 12-3.05 as follows:


16 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)


17 Sec. 12-3.05. Aggravated battery. 

18 (a) Offense based on injury. A person commits aggravated 
19battery when, in committing a battery, other than by the 
20discharge of a firearm, he or she knowingly does any of the 
21following:
22  (1) Causes great bodily harm or permanent disability or 
23 disfigurement.
24  (2) Causes severe and permanent disability, great 
 
 
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1 bodily harm, or disfigurement by means of a caustic or 
2 flammable substance, a poisonous gas, a deadly biological 
3 or chemical contaminant or agent, a radioactive substance, 
4 or a bomb or explosive compound.
5  (3) Causes great bodily harm or permanent disability or 
6 disfigurement to an individual whom the person knows to be 
7 a peace officer, community policing volunteer, fireman, 
8 private security officer, correctional institution 
9 employee, or Department of Human Services employee 
10 supervising or controlling sexually dangerous persons or 
11 sexually violent persons:
12   (i) performing his or her official duties;
13   (ii) battered to prevent performance of his or her 
14 official duties; or
15   (iii) battered in retaliation for performing his 
16 or her official duties.
17  (4) Causes great bodily harm or permanent disability or 
18 disfigurement to an individual 60 years of age or older.
19  (5) Strangles another individual. 
20 (b) Offense based on injury to a child or person with an 
21intellectual disability. A person who is at least 18 years of 
22age commits aggravated battery when, in committing a battery, 
23he or she knowingly and without legal justification by any 
24means:
25  (1) causes great bodily harm or permanent disability or 
26 disfigurement to any child under the age of 13 years, or to 
 
 
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1 any person with a severe or profound intellectual 
2 disability; or
3  (2) causes bodily harm or disability or disfigurement 
4 to any child under the age of 13 years or to any person 
5 with a severe or profound intellectual disability. 
6 (c) Offense based on location of conduct. A person commits 
7aggravated battery when, in committing a battery, other than by 
8the discharge of a firearm, he or she is or the person battered 
9is on or about a public way, public property, a public place of 
10accommodation or amusement, a sports venue, or a domestic 
11violence shelter, or in a church, synagogue, mosque, or other 
12building, structure, or place used for religious worship.
13 (d) Offense based on status of victim. A person commits 
14aggravated battery when, in committing a battery, other than by 
15discharge of a firearm, he or she knows the individual battered 
16to be any of the following:
17  (1) A person 60 years of age or older.
18  (2) A person who is pregnant or has a physical 
19 disability.
20  (3) A teacher or school employee upon school grounds or 
21 grounds adjacent to a school or in any part of a building 
22 used for school purposes.
23  (4) A peace officer, community policing volunteer, 
24 fireman, private security officer, correctional 
25 institution employee, or Department of Human Services 
26 employee supervising or controlling sexually dangerous 
 
 
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1 persons or sexually violent persons:
2   (i) performing his or her official duties;
3   (ii) battered to prevent performance of his or her 
4 official duties; or
5   (iii) battered in retaliation for performing his 
6 or her official duties.
7  (5) A judge, emergency management worker, emergency 
8 medical services personnel, or utility worker:
9   (i) performing his or her official duties;
10   (ii) battered to prevent performance of his or her 
11 official duties; or
12   (iii) battered in retaliation for performing his 
13 or her official duties.
14  (6) An officer or employee of the State of Illinois, a 
15 unit of local government, or a school district, while 
16 performing his or her official duties.
17  (7) A transit employee performing his or her official 
18 duties, or a transit passenger.
19  (8) A taxi driver on duty.
20  (9) A merchant who detains the person for an alleged 
21 commission of retail theft under Section 16-26 of this Code 
22 and the person without legal justification by any means 
23 causes bodily harm to the merchant.
24  (10) A person authorized to serve process under Section 
25 2-202 of the Code of Civil Procedure or a special process 
26 server appointed by the circuit court while that individual 
 
 
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1 is in the performance of his or her duties as a process 
2 server.
3  (11) A nurse while in the performance of his or her 
4 duties as a nurse. 
5  (12) A merchant: (i) while performing his or her 
6 duties, including, but not limited to, relaying directions 
7 for healthcare or safety from his or her supervisor or 
8 employer or relaying health or safety guidelines, 
9 recommendations, regulations, or rules from a federal, 
10 State, or local public health agency; and (ii) during a 
11 disaster declared by the Governor, or a state of emergency 
12 declared by the mayor of the municipality in which the 
13 merchant is located, due to a public health emergency and 
14 for a period of 6 months after such declaration. 
15 (e) Offense based on use of a firearm. A person commits 
16aggravated battery when, in committing a battery, he or she 
17knowingly does any of the following:
18  (1) Discharges a firearm, other than a machine gun or a 
19 firearm equipped with a silencer, and causes any injury to 
20 another person.
21  (2) Discharges a firearm, other than a machine gun or a 
22 firearm equipped with a silencer, and causes any injury to 
23 a person he or she knows to be a peace officer, community 
24 policing volunteer, person summoned by a police officer, 
25 fireman, private security officer, correctional 
26 institution employee, or emergency management worker:
 
 
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1   (i) performing his or her official duties;
2   (ii) battered to prevent performance of his or her 
3 official duties; or
4   (iii) battered in retaliation for performing his 
5 or her official duties.
6  (3) Discharges a firearm, other than a machine gun or a 
7 firearm equipped with a silencer, and causes any injury to 
8 a person he or she knows to be emergency medical services 
9 personnel:
10   (i) performing his or her official duties;
11   (ii) battered to prevent performance of his or her 
12 official duties; or
13   (iii) battered in retaliation for performing his 
14 or her official duties.
15  (4) Discharges a firearm and causes any injury to a 
16 person he or she knows to be a teacher, a student in a 
17 school, or a school employee, and the teacher, student, or 
18 employee is upon school grounds or grounds adjacent to a 
19 school or in any part of a building used for school 
20 purposes.
21  (5) Discharges a machine gun or a firearm equipped with 
22 a silencer, and causes any injury to another person.
23  (6) Discharges a machine gun or a firearm equipped with 
24 a silencer, and causes any injury to a person he or she 
25 knows to be a peace officer, community policing volunteer, 
26 person summoned by a police officer, fireman, private 
 
 
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1 security officer, correctional institution employee or 
2 emergency management worker:
3   (i) performing his or her official duties;
4   (ii) battered to prevent performance of his or her 
5 official duties; or
6   (iii) battered in retaliation for performing his 
7 or her official duties.
8  (7) Discharges a machine gun or a firearm equipped with 
9 a silencer, and causes any injury to a person he or she 
10 knows to be emergency medical services personnel:
11   (i) performing his or her official duties;
12   (ii) battered to prevent performance of his or her 
13 official duties; or
14   (iii) battered in retaliation for performing his 
15 or her official duties.
16  (8) Discharges a machine gun or a firearm equipped with 
17 a silencer, and causes any injury to a person he or she 
18 knows to be a teacher, or a student in a school, or a 
19 school employee, and the teacher, student, or employee is 
20 upon school grounds or grounds adjacent to a school or in 
21 any part of a building used for school purposes. 
22 (f) Offense based on use of a weapon or device. A person 
23commits aggravated battery when, in committing a battery, he or 
24she does any of the following:
25  (1) Uses a deadly weapon other than by discharge of a 
26 firearm, or uses an air rifle as defined in Section 
 
 
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1 24.8-0.1 of this Code.
2  (2) Wears a hood, robe, or mask to conceal his or her 
3 identity.
4  (3) Knowingly and without lawful justification shines 
5 or flashes a laser gunsight or other laser device attached 
6 to a firearm, or used in concert with a firearm, so that 
7 the laser beam strikes upon or against the person of 
8 another.
9  (4) Knowingly video or audio records the offense with 
10 the intent to disseminate the recording. 
11 (g) Offense based on certain conduct. A person commits 
12aggravated battery when, other than by discharge of a firearm, 
13he or she does any of the following:
14  (1) Violates Section 401 of the Illinois Controlled 
15 Substances Act by unlawfully delivering a controlled 
16 substance to another and any user experiences great bodily 
17 harm or permanent disability as a result of the injection, 
18 inhalation, or ingestion of any amount of the controlled 
19 substance.
20  (2) Knowingly administers to an individual or causes 
21 him or her to take, without his or her consent or by threat 
22 or deception, and for other than medical purposes, any 
23 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
24 or controlled substance, or gives to another person any 
25 food containing any substance or object intended to cause 
26 physical injury if eaten.
 
 
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1  (3) Knowingly causes or attempts to cause a 
2 correctional institution employee or Department of Human 
3 Services employee to come into contact with blood, seminal 
4 fluid, urine, or feces by throwing, tossing, or expelling 
5 the fluid or material, and the person is an inmate of a 
6 penal institution or is a sexually dangerous person or 
7 sexually violent person in the custody of the Department of 
8 Human Services.
9 (h) Sentence. Unless otherwise provided, aggravated 
10battery is a Class 3 felony.
11 Aggravated battery as defined in subdivision (a)(4), 
12(d)(4), or (g)(3) is a Class 2 felony.
13 Aggravated battery as defined in subdivision (a)(3) or 
14(g)(1) is a Class 1 felony.
15 Aggravated battery as defined in subdivision (a)(1) is a 
16Class 1 felony when the aggravated battery was intentional and 
17involved the infliction of torture, as defined in paragraph 
18(14) of subsection (b) of Section 9-1 of this Code, as the 
19infliction of or subjection to extreme physical pain, motivated 
20by an intent to increase or prolong the pain, suffering, or 
21agony of the victim. 
22 Aggravated battery as defined in subdivision (a)(1) is a 
23Class 2 felony when the person causes great bodily harm or 
24permanent disability to an individual whom the person knows to 
25be a member of a congregation engaged in prayer or other 
26religious activities at a church, synagogue, mosque, or other 
 
 
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1building, structure, or place used for religious worship. 
2 Aggravated battery under subdivision (a)(5) is a
Class 1 
3felony if:
4  (A) the person used or attempted to use a dangerous

5 instrument while committing the offense; or
6  (B) the person caused great bodily harm or
permanent 
7 disability or disfigurement to the other
person while 
8 committing the offense; or
9  (C) the person has been previously convicted of a

10 violation of subdivision (a)(5) under the laws of this

11 State or laws similar to subdivision (a)(5) of any other

12 state. 
13 Aggravated battery as defined in subdivision (e)(1) is a 
14Class X felony.
15 Aggravated battery as defined in subdivision (a)(2) is a 
16Class X felony for which a person shall be sentenced to a term 
17of imprisonment of a minimum of 6 years and a maximum of 45 
18years.
19 Aggravated battery as defined in subdivision (e)(5) is a 
20Class X felony for which a person shall be sentenced to a term 
21of imprisonment of a minimum of 12 years and a maximum of 45 
22years.
23 Aggravated battery as defined in subdivision (e)(2), 
24(e)(3), or (e)(4) is a Class X felony for which a person shall 
25be sentenced to a term of imprisonment of a minimum of 15 years 
26and a maximum of 60 years.
 
 
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1 Aggravated battery as defined in subdivision (e)(6), 
2(e)(7), or (e)(8) is a Class X felony for which a person shall 
3be sentenced to a term of imprisonment of a minimum of 20 years 
4and a maximum of 60 years.
5 Aggravated battery as defined in subdivision (b)(1) is a 
6Class X felony, except that:
7  (1) if the person committed the offense while armed 
8 with a firearm, 15 years shall be added to the term of 
9 imprisonment imposed by the court;
10  (2) if, during the commission of the offense, the 
11 person personally discharged a firearm, 20 years shall be 
12 added to the term of imprisonment imposed by the court;
13  (3) if, during the commission of the offense, the 
14 person personally discharged a firearm that proximately 
15 caused great bodily harm, permanent disability, permanent 
16 disfigurement, or death to another person, 25 years or up 
17 to a term of natural life shall be added to the term of 
18 imprisonment imposed by the court.
19 (i) Definitions. In this Section:
20 "Building or other structure used to provide shelter" has 
21the meaning ascribed to "shelter" in Section 1 of the Domestic 
22Violence Shelters Act.
23 "Domestic violence" has the meaning ascribed to it in 
24Section 103 of the Illinois Domestic Violence Act of 1986.
25 "Domestic violence shelter" means any building or other 
26structure used to provide shelter or other services to victims 
 
 
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1or to the dependent children of victims of domestic violence 
2pursuant to the Illinois Domestic Violence Act of 1986 or the 
3Domestic Violence Shelters Act, or any place within 500 feet of 
4such a building or other structure in the case of a person who 
5is going to or from such a building or other structure.
6 "Firearm" has the meaning provided under Section 1.1
of the 
7Firearm Owners Identification Card Act, and does
not include an 
8air rifle as defined by Section 24.8-0.1 of this Code. 
9 "Machine gun" has the meaning ascribed to it in Section 
1024-1 of this Code.
11 "Merchant" has the meaning ascribed to it in Section 16-0.1 
12of this Code. 
13 "Strangle" means
intentionally impeding the normal 
14breathing or circulation of the blood of an individual by 
15applying pressure on the throat
or neck of that individual or 
16by blocking the nose or mouth of
that individual. 

17(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)



18 Section 99. Effective date. This Act takes effect upon 
19becoming law.".