Governor Quinn Signs WC Forcible Felony/Reckless Homicide Reform Bill

Governor Quinn signed SB 1147/Public Act 097-0276 into law on Monday.  The legislation excludes injured employees from receiving workers’ compensation benefits if their claim resulted during the commission of a forcible felony, a reckless homicide, or aggravated driving under the influence of alcohol or drugs.  The law comes as a response to the State Trooper Matt Mitchell case, detailed in the Chicago Tribune & Belleville News-Democrat. 

These changes are in addition to the intoxication defense reforms included in HB 1698 (820 ILCS 305/11) as part of that overarching WC reform bill. Those changes include:

·         The measurement of intoxication is .08 for alcohol or any finding of illegal drugs.

·         The burden of proof shifts to the employee in the new law.

·         The law outlines the collection & testing processes and procedures for determination of intoxication.

While SB 1147’s reforms became effective on Monday, the HB 1698 changes only apply to injuries that occur on or after 9/1/11.