102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2979

 

Introduced 1/5/2022, by Sen. Christopher Belt

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Nonconsensual Sexually Protective Device Removal or Tampering Act. Defines terms. Provides that a person commits nonconsensual sexually protective device removal by causing contact between a sexual organ, from which a sexually protective device has been intentionally removed, and the intimate part of another who did not consent to the sexually protective device being removed or by causing contact between an intimate part of the person and a sexual organ of another from which the person intentionally removed a sexually protective device without consent. Provides that a person commits nonconsensual sexually protective device tampering by causing contact between a sexual organ, with a sexually protective device that has been intentionally tampered with, and the intimate part of another who did not consent to the sexually protective device being tampered with or by causing contact between an intimate part of the person and a sexual organ of another with a sexually protective device that has been intentionally tampered with without consent. Provides that a person who commits nonconsensual sexually protective device removal or tampering is liable to the other person for damages, and the court may further award equitable relief for the other person. Requires that the trier of fact consider previous findings of liability for nonconsensual sexually protective device removal or tampering when awarding punitive damages. Provides that the Act does not affect a remedy available under any other laws of the State.


LRB102 22203 LNS 31333 b

 

 

A BILL FOR

 

SB2979LRB102 22203 LNS 31333 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Nonconsensual Sexually Protective Device Removal or Tampering
6Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Consent" means a freely given agreement given through
9affirmative, conscious, voluntary, and verbal authorization by
10an individual with legal capacity to give authorization.
11    "Contact" means any intentional touching.
12    "Intimate part" means the sexual organ, anus, groin, or
13buttocks of any person, or the breast of a female.
14    "Sexually protective device" means any of the following
15intended to prevent pregnancy or sexually transmitted
16infection: male or female condom; spermicide; diaphragm;
17cervical cap; contraceptive sponge; dental dam; or another
18physical device intended to prevent pregnancy or sexually
19transmitted infection.
20    "Tamper" means any action intended to weaken the efficacy
21of a sexually protective device, including, but not limited
22to, ripping, cutting, poking holes, or otherwise making the
23device ineffective.
 

 

 

SB2979- 2 -LRB102 22203 LNS 31333 b

1    Section 10. Causes of action.
2    (a) A person commits nonconsensual sexually protective
3device removal by:
4        (1) causing contact between a sexual organ, from which
5    a sexually protective device has been intentionally
6    removed, and the intimate part of another who did not
7    consent to the sexually protective device being removed;
8    or
9        (2) causing contact between an intimate part of the
10    person and a sexual organ of another from which the person
11    intentionally removed a sexually protective device without
12    consent.
13    (b) A person commits nonconsensual sexually protective
14device tampering by:
15        (1) causing contact between a sexual organ, with a
16    sexually protective device that has been intentionally
17    tampered with, and the intimate part of another who did
18    not consent to the sexually protective device being
19    tampered with; or
20        (2) causing contact between an intimate part of the
21    person and a sexual organ of another with a sexually
22    protective device that has been intentionally tampered
23    with without consent.
 
24    Section 15. Remedies.

 

 

SB2979- 3 -LRB102 22203 LNS 31333 b

1    (a) A person who commits nonconsensual sexually protective
2device removal or tampering against another is liable to that
3person for damages, including, but not limited to:
4        (1) general damages;
5        (2) special damages; and
6        (3) punitive damages.
7    (b) The court, in an action brought against a person for
8violation of this Act, may award equitable relief to the
9plaintiff, including, but not limited to:
10        (1) an injunction;
11        (2) attorney's fees and costs; and
12        (3) any other relief the court deems proper.
13    (c) In determining punitive damages, a trier of fact shall
14consider a previous finding of liability against a defendant
15for committing nonconsensual sexually protective device
16removal or tampering against another.
 
17    Section 20. Other laws. This Act does not affect any
18remedy available under any other laws of this State.