102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4182

 

Introduced 10/19/2021, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 275/5
820 ILCS 275/10
820 ILCS 275/15
820 ILCS 275/20

    Amends the Workplace Violence Prevention Act. Expands the purpose of the Act to include assisting employees in protecting themselves from unlawful violence and harassment at the workplace because of an employee's employment duties or place of employment. Expands the definition of "petitioner" to include an employee. Provides that an employer may seek a workplace protection restraining order to prohibit further violence or threats of violence by a respondent if: (i) an employee believes that the respondent has made a credible threat of violence to be carried out against the employee outside of the workplace because of the employee's employment duties or place of employment; or (ii) the respondent has made a credible threat of violence at the workplace against an employee, customer, or guest. Permits an employee to obtain a workplace restraining order.


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A BILL FOR

 

HB4182LRB102 21057 KTG 30007 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workplace Violence Prevention Act is
5amended by changing Sections 5, 10, 15, and 20 as follows:
 
6    (820 ILCS 275/5)
7    Sec. 5. Purpose. This Act is intended to assist employers
8in protecting their workforces, customers, guests, and
9property by limiting access to workplace venues by potentially
10violent individuals and to assist employees in protecting
11themselves from unlawful violence and harassment at the
12workplace because of an employee's employment duties or place
13of employment.
14(Source: P.A. 98-430, eff. 1-1-14; 99-78, eff. 7-20-15.)
 
15    (820 ILCS 275/10)
16    Sec. 10. Definitions. As used in this Act:
17    "Credible threat of violence" means a statement or course
18of conduct that causes a reasonable person to fear for the
19person's safety at his or her workplace or for the safety of
20others at his or her workplace.
21    "Employee" means:
22        (1) a person employed or permitted to work or perform

 

 

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1    a service for remuneration;
2        (2) a member of a board of directors of any
3    organization;
4        (3) an elected or appointed public officer; and
5        (4) a volunteer, independent contractor, agency
6    worker, or any other person who performs services for an
7    employer at the employer's place of work.
8    "Employer" means an individual, partnership, association,
9limited liability company, corporation, business trust, the
10State, a governmental agency, or a political subdivision that
11has at least 15 employees during any work week.
12    "Petitioner" means any employer or employee who commences
13a proceeding for a workplace protection restraining order.
14    "Respondent" means a person against whom a workplace
15protection restraining order proceeding has been commenced.
16    "Workplace" or "place of work" means any property that is
17owned or leased by the employer and at which the official
18business of the petitioner is conducted.
19    "Unlawful violence" means any act of violence, harassment,
20or stalking as defined by the Criminal Code of 2012.
21(Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)
 
22    (820 ILCS 275/15)
23    Sec. 15. Employer's right to a workplace protection
24restraining order. An employer may seek a workplace protection
25restraining order to prohibit further violence or threats of

 

 

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1violence by the respondent if:
2        (1) an employee has suffered unlawful violence and the
3    respondent has made a credible threat of violence to be
4    carried out at the employee's workplace;
5        (2) an employee believes that the respondent has made
6    a credible threat of violence to be carried out at the
7    employee's workplace or otherwise to be carried out
8    against the employee outside of the workplace because of
9    the employee's employment duties or place of employment;
10    or
11        (3) an unlawful act of violence has been carried out
12    at the workplace or the respondent has made a credible
13    threat of violence at the workplace against an employee,
14    customer, or guest.
15(Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)
 
16    (820 ILCS 275/20)
17    Sec. 20. Affidavit. An employer or employee may obtain a
18workplace protection restraining order if the employer files
19an affidavit that shows by a preponderance of the evidence
20that:
21        (1) the conditions of Section 15 of this Act have been
22    met;
23        (2) if the petitioner is seeking an emergency order,
24    great or irreparable harm has been suffered, will be
25    suffered, or is likely to be suffered by an employee at the

 

 

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1    workplace;
2        (3) if the employer is seeking a workplace protection
3    restraining order involving an employee who is a victim of
4    unlawful violence by a family or household member as
5    defined by item (6) of Section 103 of the Illinois
6    Domestic Violence Act of 1986, the conditions of Section
7    21 of this Act have been met.
8(Source: P.A. 98-430, eff. 1-1-14; 98-766, eff. 7-16-14.)