Full Text of HB1363 103rd General Assembly
HB1363ham001 103RD GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 2/14/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1363
| 2 | | AMENDMENT NO. ______. Amend House Bill 1363 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Gender Violence Act is amended by changing | 5 | | Sections 5 and 20 and by adding Sections 11 and 25 as follows:
| 6 | | (740 ILCS 82/5)
| 7 | | Sec. 5. Definitions Definition . In this Act : ,
| 8 | | "Employee" has the meaning provided in Section 2-101 of | 9 | | the Illinois Human Rights Act. | 10 | | "Employer" has the meaning provided in Section 2-101 of | 11 | | the Illinois Human Rights Act. | 12 | | " Gender-related gender-related violence", which is a form | 13 | | of sex
discrimination, means the following:
| 14 | | (1) One or more acts of violence or physical
| 15 | | aggression satisfying the elements of battery under the
| 16 | | laws of Illinois that are committed, at least in part, on
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| 1 | | the basis of a person's sex,
whether or not those acts have | 2 | | resulted in
criminal
charges, prosecution, or conviction.
| 3 | | (2) A physical intrusion or physical invasion of a
| 4 | | sexual nature under coercive conditions satisfying the
| 5 | | elements of battery under the laws of Illinois, whether
or | 6 | | not the act or acts resulted in criminal charges,
| 7 | | prosecution, or conviction.
| 8 | | (2.5) Domestic violence, as defined in the Victims' | 9 | | Economic Security and Safety Act.
| 10 | | (3) A threat of an act described in item (1) , or
(2) , | 11 | | or (2.5) causing a realistic apprehension that the | 12 | | originator
of the threat will commit the act.
| 13 | | "Workplace" means the employer's premises, including any | 14 | | building, real property, and parking area under the control of | 15 | | the employer or any location used by an employee while in the | 16 | | performance of the employee's job duties. "Workplace" includes | 17 | | activities occurring off-premises at employer-sponsored events | 18 | | where an employee is not performing the employee's job duties. | 19 | | (Source: P.A. 93-416, eff. 1-1-04.)
| 20 | | (740 ILCS 82/11 new) | 21 | | Sec. 11. Employer liability for an employee or agent. | 22 | | (a) An employer is only liable for gender-related violence | 23 | | committed in the work environment by an employee or agent of | 24 | | the employer. Liability only extends to gender-related | 25 | | violence that occurs: (i) while the employee was directly |
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| 1 | | performing the employee's job duties and the job duties were | 2 | | the proximate cause of the injury; or (ii) while the agent of | 3 | | the employer was directly involved in the performance of the | 4 | | contracted work and the contracted work was the proximate | 5 | | cause of the injury. Proximate cause exists when the actions | 6 | | of the employee or the agent of the employer were a substantial | 7 | | factor in causing the injury. | 8 | | An employer is liable if the employer has acted in a manner | 9 | | inconsistent with how a reasonable person would act under | 10 | | similar circumstances. | 11 | | (b) An employer is liable for gender-related violence if | 12 | | the employer: | 13 | | (1) failed to supervise, train, or monitor the | 14 | | employee who engaged in the gender-related violence. An | 15 | | employer providing training pursuant to Section 2-109 of | 16 | | the Illinois Human Rights Act shall have an affirmative | 17 | | defense that adequate training was provided to the | 18 | | employee; or | 19 | | (2) failed to investigate complaints or reports | 20 | | directly provided to a supervisor, manager, owner, or | 21 | | another person designated by the employer of similar | 22 | | conduct by an employee or agent of the employer and the | 23 | | employer failed to take remedial measures in response to | 24 | | the complaints or reports.
| 25 | | (740 ILCS 82/20)
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| 1 | | Sec. 20. Limitation. An action by an individual based on | 2 | | gender-related violence as
defined
in
paragraph (1) , or (2) , | 3 | | or (2.5) of Section 5 must be commenced within 7 years after | 4 | | the
cause of
action accrued, except that if the person | 5 | | entitled to bring the action was a
minor at the
time the cause | 6 | | of action accrued, the action must be commenced within 7 years
| 7 | | after the
person reaches the age of 18. An action based on | 8 | | gender-related violence as
defined in
paragraph (3) of Section | 9 | | 5 must be commenced within 2 years after the cause of
action
| 10 | | accrued, except that if the person entitled to bring the | 11 | | action was a minor at
the time the
cause of action accrued, the | 12 | | action must be commenced within 2 years after the
person
| 13 | | reaches the age of 18. An action against an employer pursuant | 14 | | to Section 11 must be commenced within 4 years after the cause | 15 | | of action accrued, except that if the person entitled to bring | 16 | | the action was a minor at the time the cause of action accrued, | 17 | | the action must be commenced within 4 years after the person | 18 | | reaches the age of 18.
| 19 | | (Source: P.A. 93-416, eff. 1-1-04.)
| 20 | | (740 ILCS 82/25 new) | 21 | | Sec. 25. No waiver. No person has the power to waive any of | 22 | | the provisions of this Act as part of a dissolution of marriage | 23 | | agreement, civil union, domestic partnership, or custody | 24 | | agreement. Any such purported waiver is considered against | 25 | | public policy, void, and severable from an otherwise valid and |
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| 1 | | enforceable agreement. ".
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