HB4225 102ND GENERAL ASSEMBLY

LRB102 21276 KTG 30387 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4225

Introduced 1/5/2022, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

820 ILCS 275/5
820 ILCS 275/10
820 ILCS 275/15
820 ILCS 275/15.1 new
820 ILCS 275/20
820 ILCS 275/25
820 ILCS 275/50
820 ILCS 275/70
820 ILCS 275/75

Amends the Workplace Violence Prevention Act. Expands the purpose of the Act to include protecting employees from unlawful violence and harassment at the workplace or because of an employee's employment duties or place of employment. Permits an employee to seek a workplace protection restraining order in certain circumstances, including, but not limited to, if: (i) the employee has suffered unlawful violence and the respondent has made a credible threat of violence to be carried out at the employee's workplace; and (ii) the employee believes that the respondent has made a credible threat of violence to be carried out at the employee's workplace or otherwise to be carried out against the same employee outside of the workplace because of the employee's employment duties or place of employment. Provides that an employee may not seek, and the court may not issue, a workplace protection restraining order if the employee otherwise qualifies for a protective order under the Illinois Domestic Violence Act of 1986, the Civil No Contact Order Act, or the Stalking No Contact Order Act. Makes changes to the definition of "credible threat of violence" and "petitioner". Makes other changes.

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Workplace Violence Prevention Act is amended by changing Sections 5, 10, 15, 20, 25, 50, 70, and 75 and by adding Section 15.1 as follows:

(820 ILCS 275/5)

Sec. 5. Purpose. This Act is intended to assist employers in protecting their workforces, customers, guests, and property by limiting access to workplace venues by potentially violent individuals and to assist employees in protecting themselves from unlawful violence and harassment at the workplace or because of an employee's employment duties or place of employment.

(Source: P.A. 98-430, eff. 1-1-14; 99-78, eff. 7-20-15.)

(820 ILCS 275/10)

Sec. 10. Definitions. As used in this Act:

"Credible threat of violence" means a statement or course of conduct that is intended to cause, and does in fact cause, causes a reasonable person to fear that the person or others at the person's workplace will suffer bodily harm at the person's for the person's safety at his or her workplace or for the safety of others at his or her workplace.

"Employee" means:

(1) a person employed or permitted to work or perform a service for remuneration;

(2) a member of a board of directors of any organization;

(3) an elected or appointed public officer; and

(4) a volunteer, independent contractor, agency worker, or any other person who performs services for an employer at the employer's place of work.

"Employer" means an individual, partnership, association, limited liability company, corporation, business trust, the State, a governmental agency, or a political subdivision that has at least 15 employees during any work week.

"Petitioner" means any employer or employee who commences a proceeding for a workplace protection restraining order.

"Respondent" means a person against whom a workplace protection restraining order proceeding has been commenced.

"Workplace" or "place of work" means any property that is owned or leased by the employer and at which the official business of the petitioner is conducted.

"Unlawful violence" means any act of violence, harassment, or stalking as defined by the Criminal Code of 2012.

(Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)

(820 ILCS 275/15)

Sec. 15. Employer's right to a workplace protection restraining order. An employer may seek a workplace protection restraining order to prohibit further violence or threats of violence by the respondent if:

(1) an employee has suffered unlawful violence and the respondent has made a credible threat of violence to be carried out at the employee's workplace;

(2) an employee believes that the respondent has made a credible threat of violence to be carried out at the employee's workplace or otherwise to be carried out against the employee outside of the workplace because of the employee's employment duties or place of employment; or

(3) an unlawful act of violence has been carried out at the workplace or the respondent has made a credible threat of violence at the workplace against an employee, customer, or guest.

(Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)

(820 ILCS 275/15.1 new)

Sec. 15.1. Employee's right to a workplace protection restraining order.

(a) An employee may seek a workplace protection restraining order to prohibit further violence or threats of violence by the respondent if:

(1) the employee has suffered unlawful violence and the respondent has made a credible threat of violence to be carried out at the employee's workplace;

(2) the employee believes that the respondent has made a credible threat of violence to be carried out at the employee's workplace or otherwise to be carried out against the same employee outside of the workplace because of the employee's employment duties or place of employment; or

(3) an unlawful act of violence has been carried out at the workplace against the employee or the respondent has made a credible threat of violence at the workplace against the employee.

(b) An employee may not seek, and the court may not issue, a workplace protection restraining order if the employee otherwise qualifies for a protective order under the Illinois Domestic Violence Act of 1986, the Civil No Contact Order Act, or the Stalking No Contact Order Act. The court may not order a workplace protection restraining order if there is a pending or currently active protective order pertaining to the same parties under the Illinois Domestic Violence Act of 1986, the Civil No Contact Order Act, or the Stalking No Contact Order Act.

(820 ILCS 275/20)

Sec. 20. Affidavit. An employer or employee may obtain a workplace protection restraining order if the employer or employee files an affidavit that shows by a preponderance of the evidence that:

(1) the conditions of Sections Section 15, 15.1, and 21 of this Act have been met, as applicable;

(2) if the petitioner is seeking an emergency order, great or irreparable harm has been suffered, will be suffered, or is likely to be suffered by an employee at the workplace;

(3) if the employer is seeking a workplace protection restraining order involving an employee who is a victim of unlawful violence by a family or household member as defined by item (6) of Section 103 of the Illinois Domestic Violence Act of 1986, the conditions of Section 21 of this Act have been met.

(Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)

(820 ILCS 275/25)

Sec. 25. Remedies. Remedies Employer remedies under this Act are limited to a workplace protection restraining order. Nothing in this Act, however, waives, reduces, or diminishes any other civil or criminal remedy available to an employer or employee. A workplace protection restraining order issued by the court may:

(1) Prohibit the respondent's unlawful violence in the workplace, including ordering the respondent to stay away from the workplace. When the respondent is employed at the workplace location, the court, when issuing a workplace protection restraining order, shall consider the severity of the act and any continuing physical danger or emotional distress to any employee in the workplace.

(2) Upon notice to the respondent, order the respondent to pay the petitioner for property losses suffered as a direct result of the actions of the respondent. Such losses include, but are not limited to, repair or replacement of property damaged or taken, reasonable attorney's fees, and court costs to recover the property losses.

The remedies provided in this Section are in addition to other civil or criminal remedies available to the employer or employee.

(Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)

(820 ILCS 275/50)

Sec. 50. Process.

(a) Any action for a workplace protection restraining order requires that a separate summons be issued and served. The summons shall require the respondent to answer and appear within 7 days. Attachments to the summons or notice shall include the petition for a workplace protection restraining order, supporting affidavits, if any, and any emergency workplace protection restraining order that has been issued.

(b) The summons shall be served by the sheriff or other law enforcement officer at the earliest time possible and shall take precedence over other summonses except those of a similar emergency nature. A special process server may be appointed at any time, and the appointment of a special process server shall not affect the responsibilities and authority of the sheriff or other official process servers.

(c) Service of summons on a member of the respondent's household or by publication is adequate if: (1) the petitioner has made all reasonable efforts to accomplish actual service of process personally upon the respondent, but the respondent cannot be found to effect the service; and (2) the petitioner files an affidavit or presents sworn testimony describing those efforts.

(d) A plenary workplace protection restraining order may be entered by default for the remedy sought in the petition if the respondent has been served in accordance with subsection (a) of this Section or given notice and if the respondent then fails to appear as directed or fails to appear on any subsequent appearance or hearing date agreed to by the parties or set by the court.

(e) An employee who has been a victim of unlawful domestic violence by the respondent is not required to and the court may not order the employee to testify, participate in, or appear in this process for any purpose.

(Source: P.A. 98-766, eff. 7-16-14.)

(820 ILCS 275/70)

Sec. 70. Emergency order.

(a) The court shall issue an emergency workplace protection restraining order if the petitioner establishes that:

(1) the court has jurisdiction under Section 40 of this Act;

(2) the requirements of Sections 15, 15.1, and 21 of this Act are satisfied, as applicable; and

(3) there is good cause to grant the remedy, regardless of prior service of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given prior notice or greater notice than was actually given of the petitioner's efforts to obtain judicial relief.

An emergency workplace protection restraining order shall be issued by the court if it appears from the contents of the petition and the examination of the petitioner that the averments are sufficient to indicate irreparable harm under Section 20 of this Act by the respondent and to support the granting of relief through the issuance of the emergency workplace protection restraining order.

(b) If the respondent appears in court for the hearing for an emergency order, he or she may elect to file a general appearance and testify. Any resulting order may be an emergency order, governed by this Section. Notwithstanding the requirements of this Section, if all requirements of Section 75 of this Act have been met, the court may issue a plenary order.

(c) If the court is unavailable at the close of business, the petitioner may file a petition for a 21-day emergency order before any available judge who may grant relief under this Act. If the judge finds that there is an immediate and present danger of irreparable harm and that the petitioner has satisfied the prerequisites set forth in subsection (a) of this Section, that judge may issue an emergency workplace protection restraining order.

(d) The chief judge of the circuit court may designate for each county in the circuit at least one judge to be reasonably available to issue orally, by telephone, by facsimile, by electronic means that comply with procedures established by the court, or otherwise, an emergency workplace protection restraining order at all times, whether or not the court is in session.

(e) Any order issued under this Section and any documentation in support of the order shall be certified on the next court day to the appropriate court. The clerk of the court shall immediately assign a case number, file the petition, order, and other documents with the court, and enter the order of record and file it with the sheriff for service in accordance with Section 85 of this Act. Filing the petition shall commence proceedings for further relief under Section 30 of this Act. Failure to comply with the requirements of this subsection (e) does not affect the validity of the order.

(Source: P.A. 98-766, eff. 7-16-14.)

(820 ILCS 275/75)

Sec. 75. Plenary order. The court shall issue a plenary workplace protection restraining order if the petitioner has served notice of the hearing for that order on the respondent in accordance with Section 55 of this Section and establishes that:

(1) the court has jurisdiction under Section 40 of this Act;

(2) the requirements of Sections 15, 15.1, and 21 of this Act are satisfied, as applicable;

(3) a general appearance was made or filed by or for the respondent or process was served on the respondent in the manner required by Section 50 of this Act; and

(4) the respondent has answered or is in default.

(Source: P.A. 98-766, eff. 7-16-14.)