HB3134 103RD GENERAL ASSEMBLY

LRB103 27982 SPS 54360 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3134

Introduced 2/17/2023, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

820 ILCS 180/33 new

Amends the Victims' Economic Security and Safety Act. Provides that every employer covered under the Act shall permit an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence to utilize for personal use an employer-provided electronic device to document or communicate an act of domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or the employee's family or household member. Requires employers to grant an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence access to any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on an employer-provided electronic device issued to the employee whenever such photographs, voice or video recordings, sound recordings, or other digital documents or communications are needed by the employee or the employee's family or household member during a criminal action or proceeding to establish or support an allegation of domestic violence, sexual violence, gender violence, or any other crime of violence. Provides that every employer covered by the Act shall post and keep posted, in conspicuous places where employees are employed, a notice, to be prepared or approved by the Director of Labor, explaining these provisions. Effective immediately.

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 Victims' Economic Security and Safety Act is amended by adding Section 33 as follows:

(820 ILCS 180/33 new)

Sec. 33. Employees' personal use of employer-provided electronic devices.

(a) Every employer covered under this Act shall permit an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence to utilize for personal use an employer-provided electronic device to document or communicate an act of domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or the employee's family or household member.

(b) Every employer shall grant an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence access to any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on an employer-provided electronic device issued to the employee whenever such photographs, voice or video recordings, sound recordings, or other digital documents or communications are needed by the employee or the employee's family or household member during a criminal action or proceeding to establish or support an allegation of domestic violence, sexual violence, gender violence, or any other crime of violence.

(c) Every employer covered by this Act shall post and keep posted on its premises, in conspicuous places where employees are employed, a notice, to be prepared or approved by the Director of Labor, explaining the provisions of this Section. The notice must be posted prominently in a place where it can be readily seen by employees and applicants for employment. The notice must be large enough to be easily read and contain fully legible text. Electronic posting is sufficient to meet this posting requirement if it otherwise meets the requirements of this Section.

Section 99. Effective date. This Act takes effect upon becoming law.