State of Illinois
91st General Assembly
Legislation

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91_SB1232

 
                                               LRB9106624NTsb

 1        AN  ACT  to amend the Higher Education Student Assistance
 2    Act by adding Section 55.5.

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

 5        Section  5.   The Higher Education Student Assistance Act
 6    is amended by adding Section 55.5 as follows:

 7        (110 ILCS 947/55.5 new)
 8        Sec. 55.5.  Violent death or disability of police officer
 9    or fire officer education grant.
10        (a)  Education grants shall be provided for  any  natural
11    child,  legally  adopted child, or child in the legal custody
12    of police officers and fire officers  killed  or  permanently
13    disabled, with 90% to 100% disability, in the line of duty as
14    a  result,  directly  or  indirectly,  of  criminal  acts  of
15    violence directed toward the officer or another person:
16             (1)  while  employed  by or in the voluntary service
17        of this State or any local public entity in  this  State;
18        or
19             (2)  in  retaliation  for the officer performing his
20        or her official duties.
21        (b)  Beneficiaries need not be residents of this State at
22    the time of enrollment in order to receive this grant.
23        (c)  Beneficiaries  are  entitled  to  full  payment   of
24    tuition,  room,  board,  book  expenses,  and  mandatory fees
25    incurred for grade school, high  school,  and  120  hours  of
26    undergraduate  studies  or the number of hours required for a
27    college or university degree at:
28             (1)  any State  sponsored  Illinois  school  or  any
29        institution   of  higher  learning  for  either  full  or
30        part-time study;
31             (2)  any private school or institution in the  State
 
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 1        of Illinois at the rate established by the Commission; or
 2             (3)  any  private,  parochial,  or  other  school or
 3        institution of learning the beneficiary is enrolled in or
 4        intended to be enrolled  in  at  the  rate  necessary  to
 5        complete  the beneficiary's education through the college
 6        or university level; intent may be inferred from (i)  the
 7        enrollment  of brothers, sisters, or other family members
 8        in school and (ii) the education history of  the  parents
 9        of  the  student,  and  there  is  a presumption that the
10        beneficiary would have continued  in  the  same  type  of
11        school  system  through  the  completion  of a college or
12        university education.
13        (d)  Any grant under  this  Section  is  subject  to  the
14    recipient  being  a  student in good standing and maintaining
15    satisfactory academic progress.  If the recipient fails to be
16    in good standing or maintain satisfactory academic  progress,
17    the benefits under this Section shall be suspended until such
18    good   standing   and   satisfactory  academic  progress  are
19    achieved.
20        (e)  The recipient of any grant under this Section  shall
21    be  limited  to those children described in subsection (a) of
22    this Section who were  dependent  on  or  were  having  their
23    education  paid by the officer or whose education the officer
24    was legally responsible for at  the  time  of  the  death  or
25    disability of the officer.
26        (f)  The  benefits  under  this Section shall expire upon
27    the child attaining 25  years  of  age,  unless  the  benefit
28    period  is  extended  for  good cause for a period of no more
29    than 2 years. In this  subsection  (f),  "good  cause"  means
30    reasons  beyond  the  recipient's  control  that  prevent the
31    recipient from completing the education within  the  required
32    time period.
33        (g)  The  benefits  of this Section shall be administered
34    by and paid out of funds  available  to  the  Commission  and
 
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 1    shall   accrue   to  the  bona  fide  applicant  without  the
 2    requirement of demonstrating financial need  to  qualify  for
 3    those benefits.
 4        (h)  Any  person who causes the death or disability of an
 5    officer as described in subsection (a) of this Section  shall
 6    be   civilly   liable  to  the  State  of  Illinois  for  the
 7    anticipated costs of education grants under this Section.
 8        (i)  Civil liability may be imposed  under  this  Section
 9    notwithstanding  the  fact  that  a  criminal  penalty may be
10    imposed for the same conduct of the person.
11        (j)  Any person convicted in criminal court of a criminal
12    violation for the  same  acts  that  are  the  basis  for  an
13    education  grant  under  this  Section  shall be deemed to be
14    civilly liable under subsection (h)  of  this  Section.   Any
15    judgment entered under this Section is deemed to be a form of
16    child support for the purposes of bankruptcy proceedings.
17        (k)  This  Section shall apply to any child of a deceased
18    or disabled officer who qualifies under this Section  for  an
19    education grant regardless of the date of death or disability
20    of the officer.

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