We'll have to see how it shakes out. Hard and fast aswers are hard to get until someone decides to prosecute (so far, the few cases that have come up in IL have not made it that far before being dropped). It is reassuring that no active member of the FOP has ever been successfully prosecuted for carrying off duty since LEOSA passed. The FOP was the driving force behind HB 218. AFSCME's opinion, really, will count less for legal than for negotiating possible future policies with the department. We'll see.
Finding one way to exclude someone from a catagory on a point that is largly semantic is a different philosophical approach than looking at overall intentions of the catagory and determining if they should be included for overall purposes. Are CO's LEO's in Illinois? That depends on who you ask I guess. LEOSA is about protecting goverment employees who work with dangerous populations of people on the job who might seek to harm them when they are off duty.
(730 ILCS 5/3-2-2)
Sec. 3-2-2. Powers and Duties of the Department (of Corrections).
(1) In addition to the powers, duties and responsibilities which are otherwise provided by law, the Department shall have the following powers:
(i) To appoint and remove the chief administrative officers, and administer programs of training and development of personnel of the Department. Personnel assigned by the Department to be responsible for the custody and control of committed persons or to investigate the alleged misconduct of committed persons or employees or alleged violations of a parolee's or releasee's conditions of parole shall be conservators of the peace for those purposes, and shall have the full power of peace officers outside of the facilities of the Department in the protection, arrest, retaking and reconfining of committed persons or where the exercise of such power is necessary to the investigation of such misconduct or violations.