093_HB0536sam001











                                     LRB093 06702 WGH 15455 a

 1                     AMENDMENT TO HOUSE BILL 536

 2        AMENDMENT NO.     .  Amend House Bill  536  by  replacing
 3    everything above the enacting clause with the following:
 4        "AN ACT in relation to violence motivated by sex.

 5        WHEREAS,  Recent  national studies demonstrate that women
 6    in the  United  States  continue  to  be  greatly  harmed  by
 7    sex-related  violence  such  as  domestic  violence, which is
 8    disproportionately visited upon  women  by  men,  and  sexual
 9    abuse,  which  harms  many  women  and children without being
10    reported or prosecuted; and

11        WHEREAS, It is documented that existing State and federal
12    laws have not provided adequate remedies to  women  survivors
13    of domestic violence and sexual abuse; and

14        WHEREAS,  Women survivors of domestic violence oftentimes
15    have found laws against domestic violence used  against  them
16    by their batterers; and

17        WHEREAS,  The  United States Supreme Court has ruled that
18    the states alone have the authority to grant civil relief  to
19    the survivors of such sexually discriminatory violence; and

20        WHEREAS,  Such acts of sex-related violence are a form of
21    sex discrimination; therefore"; and
 
                            -2-      LRB093 06702 WGH 15455 a
 1    by replacing everything below the enacting  clause  with  the
 2    following:

 3        "Section  1.  Short  title.  This Act may be cited as the
 4    Sexual Violence Act.

 5        Section 5. Definitions. In this Act:
 6        "Crime of violence motivated by sex"  means  a  crime  of
 7    violence committed because of sex or on the basis of sex, and
 8    due,  at  least  in  part, to an animus based on the victim's
 9    sex.
10        "Crime of violence" means:
11             (1)  an act or series of acts that would  constitute
12        a  felony  against  the person or that would constitute a
13        felony against property if the conduct presents a serious
14        risk of physical injury to another and  that  either  (i)
15        has  as  an element the use, attempted use, or threatened
16        use of physical force against the person or  property  of
17        another;   or  (ii)  involves  a  substantial  risk  that
18        physical force against the person or property of  another
19        may be used in the course of committing the offense.
20             (2)  an  act or series of acts that would constitute
21        a felony described in item (1) but for  the  relationship
22        between   the  person  whom  takes  the  action  and  the
23        individual against whom the action is taken.
24        "Sex" means the status of being male or female.

25        Section 10.  Cause of action.  A  person  who  commits  a
26    crime  of  violence  motivated  by sex shall be liable to the
27    party injured, in an action for the recovery of  compensatory
28    and  punitive damages, injunctive and declaratory relief, and
29    any other relief as a court may deem appropriate.

30        Section 15.  Relief. In an action brought under this Act,
 
                            -3-      LRB093 06702 WGH 15455 a
 1    the  court  may  award  damages,  an  injunction,  or   other
 2    appropriate  relief.  The  court  may  award  actual damages,
 3    including  damages  for  emotional   distress,   compensatory
 4    damages,   or   punitive  damages.  A  judgment  may  include
 5    attorney's fees and costs.

 6        Section 20.  Limitation. To maintain an action under this
 7    Act, a person must report an incident to the police within 30
 8    days of its occurrence. An action brought under this Act must
 9    be commenced within 2 years after  the  right  to  bring  the
10    action  first  accrued, provided that, for any person who has
11    been subjected to a crime of violence motivated by sex who is
12    a minor, an action may commence  within  2  years  after  the
13    person has reached the age of 18.

14        Section  25.  Applicability.  This  Act  applies  only to
15    causes of action accruing on or after the effective  date  of
16    this Act.".