Full Text of HB5452 103rd General Assembly
HB5452ham001 103RD GENERAL ASSEMBLY | Rep. Mary Beth Canty Filed: 4/5/2024 | | 10300HB5452ham001 | | LRB103 37795 RJT 71471 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5452
| 2 | | AMENDMENT NO. ______. Amend House Bill 5452 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Preventing Sexual Violence in Higher | 5 | | Education Act is amended by changing Sections 10, 15, 20, 25, | 6 | | and 30 as follows: | 7 | | (110 ILCS 155/10) | 8 | | Sec. 10. Comprehensive policy. On or before August 1, | 9 | | 2016, all higher education institutions shall adopt a | 10 | | comprehensive policy concerning sexual violence, domestic | 11 | | violence, dating violence, and stalking consistent with | 12 | | governing federal and State law. The higher education | 13 | | institution's comprehensive policy shall include, at a | 14 | | minimum, all of the following components: | 15 | | (1) A definition of consent that, at a minimum, | 16 | | recognizes that (i) consent is a freely given agreement to |
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| 1 | | sexual activity, (ii) a person's lack of verbal or | 2 | | physical resistance or submission resulting from the use | 3 | | or threat of force does not constitute consent, (iii) a | 4 | | person's manner of dress does not constitute consent, (iv) | 5 | | a person's consent to past sexual activity does not | 6 | | constitute consent to future sexual activity, (v) a | 7 | | person's consent to engage in sexual activity with one | 8 | | person does not constitute consent to engage in sexual | 9 | | activity with another, (vi) a person can withdraw consent | 10 | | at any time, and (vii) a person cannot consent to sexual | 11 | | activity if that person is unable to understand the nature | 12 | | of the activity or give knowing consent due to | 13 | | circumstances, including without limitation the following: | 14 | | (A) the person is incapacitated due to the use or | 15 | | influence of alcohol or drugs; | 16 | | (B) the person is asleep or unconscious; | 17 | | (C) the person is under age; or | 18 | | (D) the person is incapacitated due to a mental | 19 | | disability. | 20 | | Nothing in this Section prevents a higher education | 21 | | institution from defining consent in a more demanding | 22 | | manner. | 23 | | (2) Procedures that students of the higher education | 24 | | institution may follow if they choose to report an alleged | 25 | | violation of the comprehensive policy, regardless of where | 26 | | the incident of sexual violence, domestic violence, dating |
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| 1 | | violence, or stalking occurred, including all of the | 2 | | following: | 3 | | (A) Name and contact information for the Title IX | 4 | | coordinator, campus law enforcement or security, local | 5 | | law enforcement, and the community-based sexual | 6 | | assault crisis center. | 7 | | (B) The name, title, and contact information for | 8 | | confidential advisors and other confidential resources | 9 | | and a description of what confidential reporting | 10 | | means. | 11 | | (C) Information regarding the various individuals, | 12 | | departments, or organizations to whom a student may | 13 | | report a violation of the comprehensive policy, | 14 | | specifying for each individual and entity (i) the | 15 | | extent of the individual's or entity's reporting | 16 | | obligation, (ii) the extent of the individual's or | 17 | | entity's ability to protect the student's privacy, and | 18 | | (iii) the extent of the individual's or entity's | 19 | | ability to have confidential communications with the | 20 | | student. | 21 | | (D) An option for students to electronically | 22 | | report. | 23 | | (E) An option for students to anonymously report. | 24 | | (F) An option for students to confidentially | 25 | | report. | 26 | | (G) An option for reports by third parties and |
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| 1 | | bystanders. | 2 | | (H) Information about how the higher education | 3 | | institution protects individuals who report from | 4 | | retaliation. | 5 | | (3) The higher education institution's procedure for | 6 | | responding to a report of an alleged incident of sexual | 7 | | violence, domestic violence, dating violence, or stalking, | 8 | | including without limitation (i) assisting and | 9 | | interviewing the survivor, (ii) identifying and locating | 10 | | witnesses, (iii) contacting and interviewing the | 11 | | respondent, (iv) contacting and cooperating with law | 12 | | enforcement, when applicable, and (v) providing | 13 | | information regarding the importance of preserving | 14 | | physical evidence of the sexual violence and the | 15 | | availability of a medical forensic examination at no | 16 | | charge to the survivor , and (vi) protecting the survivor | 17 | | from retaliation, including a policy and process for early | 18 | | resolution of any retaliatory claim by a respondent or | 19 | | other individual against a survivor, including, but not | 20 | | limited to, claims of defamation, harassment, bullying, | 21 | | and any other claimed violation of the policy where the | 22 | | actions alleged by the respondent or other individual are | 23 | | related to the survivor's report . | 24 | | (4) A statement of the higher education institution's | 25 | | obligation to provide survivors with concise information, | 26 | | written in plain language, concerning the survivor's |
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| 1 | | rights and options, upon receiving a report of an alleged | 2 | | violation of the comprehensive policy, as described in | 3 | | Section 15 of this Act. | 4 | | (5) The name, address, and telephone number of the | 5 | | medical facility nearest to each campus of the higher | 6 | | education institution where a survivor may have a medical | 7 | | forensic examination completed at no cost to the survivor, | 8 | | pursuant to the Sexual Assault Survivors Emergency | 9 | | Treatment Act. | 10 | | (6) The name, telephone number, address, and website | 11 | | URL, if available, of community-based, State, and national | 12 | | sexual assault crisis centers. | 13 | | (7) A statement notifying survivors of the interim | 14 | | protective measures and accommodations reasonably | 15 | | available from the higher education institution that a | 16 | | survivor may request in response to an alleged violation | 17 | | of the comprehensive policy, including without limitation | 18 | | changes to academic, living, dining, transportation, and | 19 | | working situations, obtaining and enforcing campus no | 20 | | contact orders, and honoring an order of protection or no | 21 | | contact order entered by a State civil or criminal court. | 22 | | (8) The higher education institution's complaint | 23 | | resolution procedures if a student alleges violation of | 24 | | the comprehensive violence policy, including, at a | 25 | | minimum, the guidelines set forth in Section 25 of this | 26 | | Act. |
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| 1 | | (9) A statement of the range of sanctions the higher | 2 | | education institution may impose following the | 3 | | implementation of its complaint resolution procedures in | 4 | | response to an alleged violation of the comprehensive | 5 | | policy. Sanctions may include, but are not limited to, | 6 | | suspension, expulsion, or removal of the student found, | 7 | | after complaint resolution procedures, to be in violation | 8 | | of the comprehensive policy of the higher education | 9 | | institution. | 10 | | (10) A statement of the higher education institution's | 11 | | obligation to include an amnesty provision that provides | 12 | | immunity to any student who reports, in good faith, an | 13 | | alleged violation of the higher education institution's | 14 | | comprehensive policy to a responsible employee, as defined | 15 | | by federal law, so that the reporting student will not | 16 | | receive a disciplinary sanction by the institution for a | 17 | | student conduct violation, such as underage drinking or | 18 | | possession or use of a controlled substance, that is | 19 | | revealed in the course of such a report, unless the | 20 | | institution determines that the violation was egregious, | 21 | | including without limitation an action that places the | 22 | | health or safety of any other person at risk. | 23 | | (11) A statement of the higher education institution's | 24 | | prohibition on retaliation against those who, in good | 25 | | faith, report or disclose an alleged violation of the | 26 | | comprehensive policy, file a complaint, or otherwise |
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| 1 | | participate in the complaint resolution procedure and | 2 | | available sanctions for individuals who engage in | 3 | | retaliatory conduct. | 4 | | (Source: P.A. 99-426, eff. 8-21-15; 99-741, eff. 8-5-16; | 5 | | 100-1087, eff. 1-1-19 .) | 6 | | (110 ILCS 155/15) | 7 | | Sec. 15. Student notification of rights and options. | 8 | | (a) On or before August 1, 2016, upon being notified of an | 9 | | alleged violation of the comprehensive policy by or on behalf | 10 | | of a student, each higher education institution shall, at a | 11 | | minimum, provide the survivor, when identified, with a concise | 12 | | notification, written in plain language, of the survivor's | 13 | | rights and options, including without limitation: | 14 | | (1) the survivor's right to report or not report the | 15 | | alleged incident to the higher education institution, law | 16 | | enforcement, or both, including information about the | 17 | | survivor's right to privacy and which reporting methods | 18 | | are confidential; | 19 | | (2) the contact information for the higher education | 20 | | institution's Title IX coordinator or coordinators, | 21 | | confidential advisors, a community-based sexual assault | 22 | | crisis center, campus law enforcement, and local law | 23 | | enforcement; | 24 | | (3) the survivor's right to request and receive | 25 | | assistance from campus authorities in notifying law |
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| 1 | | enforcement; | 2 | | (4) the survivor's ability to request interim | 3 | | protective measures and accommodations for survivors, | 4 | | including without limitation changes to academic, living, | 5 | | dining, working, and transportation situations, obtaining | 6 | | and enforcing a campus-issued order of protection or no | 7 | | contact order, if such protective measures and | 8 | | accommodations are reasonably available, and an order of | 9 | | protection or no contact order in State court; | 10 | | (5) the higher education institution's ability to | 11 | | provide assistance, upon the survivor's request, in | 12 | | accessing and navigating campus and local health and | 13 | | mental health services, counseling, and advocacy services; | 14 | | and | 15 | | (6) a summary of the higher education institution's | 16 | | complaint resolution procedures, under Section 25 of this | 17 | | Act, if the survivor reports a violation of the | 18 | | comprehensive policy. | 19 | | (7) a summary of the higher education institution's | 20 | | process for protecting survivors from retaliation, | 21 | | including the policy and process under Section 25 of this | 22 | | Act for early resolution of retaliatory claims by the | 23 | | respondent or any other individual against the survivor. | 24 | | (b) Within 12 hours after receiving an electronic report, | 25 | | the higher education institution shall respond to the | 26 | | electronic reporter and, at a minimum, provide the information |
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| 1 | | described in subdivisions (1) through (6) of subsection (a) of | 2 | | this Section and a list of available resources. The higher | 3 | | education institution may choose the manner in which it | 4 | | responds including, but not limited to, through verbal or | 5 | | electronic communication. Nothing in this subsection (b) | 6 | | limits a higher education institution's obligations under | 7 | | subsection (a) of this Section. | 8 | | (Source: P.A. 99-426, eff. 8-21-15.) | 9 | | (110 ILCS 155/20) | 10 | | Sec. 20. Confidential advisor. | 11 | | (a) Each higher education institution shall provide | 12 | | students with access to confidential advisors to provide | 13 | | emergency and ongoing support to survivors of sexual violence. | 14 | | (b) The confidential advisors may not be individuals on | 15 | | campus who are designated as responsible employees under Title | 16 | | IX of the federal Education Amendments of 1972. Nothing in | 17 | | this Section precludes a higher education institution from | 18 | | partnering with a community-based sexual assault crisis center | 19 | | to provide confidential advisors. | 20 | | (c) All confidential advisors shall receive 40 hours of | 21 | | training on sexual violence, if they have not already | 22 | | completed this 40-hour training, before being designated a | 23 | | confidential advisor and shall attend a minimum of 6 hours of | 24 | | ongoing education training annually on issues related to | 25 | | sexual violence to remain a confidential advisor. Confidential |
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| 1 | | advisors shall also receive periodic training on the campus | 2 | | administrative processes, interim protective measures and | 3 | | accommodations, and complaint resolution procedures. | 4 | | (d) In the course of working with a survivor, each | 5 | | confidential advisor shall, at a minimum, do all of the | 6 | | following: | 7 | | (1) Inform the survivor of the survivor's choice of | 8 | | possible next steps regarding the survivor's reporting | 9 | | options and possible outcomes, including without | 10 | | limitation reporting pursuant to the higher education | 11 | | institution's comprehensive policy and notifying local law | 12 | | enforcement. | 13 | | (2) Notify the survivor of resources and services for | 14 | | survivors of sexual violence, including, but not limited | 15 | | to, student services available on campus and through | 16 | | community-based resources, including without limitation | 17 | | sexual assault crisis centers, medical treatment | 18 | | facilities, counseling services, legal resources, medical | 19 | | forensic services, and mental health services. | 20 | | (3) Inform the survivor of the survivor's rights and | 21 | | the higher education institution's responsibilities | 22 | | regarding orders of protection, no contact orders, or | 23 | | similar lawful orders issued by the higher education | 24 | | institution or a criminal or civil court. | 25 | | (4) Provide confidential services to and have | 26 | | privileged, confidential communications with survivors of |
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| 1 | | sexual violence in accordance with Section 8-804 of the | 2 | | Code of Civil Procedure. | 3 | | (5) Upon the survivor's request and as appropriate, | 4 | | liaise with campus officials, community-based sexual | 5 | | assault crisis centers, or local law enforcement and, if | 6 | | requested, assist the survivor with contacting and | 7 | | reporting to campus officials, campus law enforcement, or | 8 | | local law enforcement. | 9 | | (6) Upon the survivor's request, liaise with the | 10 | | necessary campus authorities to secure interim protective | 11 | | measures and accommodations for the survivor. | 12 | | (7) Upon the survivor's request, liaise with the | 13 | | necessary campus authorities to assist the survivor in | 14 | | responding to and advocating against any retaliation by | 15 | | the respondent or any other individual, including an agent | 16 | | of the higher education institution, including assistance | 17 | | with the policy and process for early resolution of | 18 | | retaliatory claims by the respondent or any other | 19 | | individual against the survivor. | 20 | | (Source: P.A. 99-426, eff. 8-21-15.) | 21 | | (110 ILCS 155/25) | 22 | | Sec. 25. Complaint resolution procedures. | 23 | | (a) On or before August 1, 2016, each campus of a higher | 24 | | education institution shall adopt one procedure to resolve | 25 | | complaints of alleged student violations of the comprehensive |
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| 1 | | policy. | 2 | | (b) For each campus, a higher education institution's | 3 | | complaint resolution procedures for allegations of student | 4 | | violation of the comprehensive policy shall provide, at a | 5 | | minimum, all of the following: | 6 | | (1) Complainants alleging student violation of the | 7 | | comprehensive policy shall have the opportunity to request | 8 | | that the complaint resolution procedure begin promptly and | 9 | | proceed in a timely manner. | 10 | | (2) The higher education institution shall determine | 11 | | the individuals who will resolve complaints of alleged | 12 | | student violations of the comprehensive policy. | 13 | | (3) All individuals whose duties include resolution of | 14 | | complaints of student violations of the comprehensive | 15 | | policy shall receive a minimum of 8 to 10 hours of annual | 16 | | training on issues related to sexual violence, domestic | 17 | | violence, dating violence, and stalking and how to conduct | 18 | | the higher education institution's complaint resolution | 19 | | procedures, in addition to the annual training required | 20 | | for employees as provided in subsection (c) of Section 30 | 21 | | of this Act. | 22 | | (4) The higher education institution shall have a | 23 | | sufficient number of individuals trained to resolve | 24 | | complaints so that (i) a substitution can occur in the | 25 | | case of a conflict of interest or recusal and (ii) an | 26 | | individual or individuals with no prior involvement in the |
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| 1 | | initial determination or finding hear any appeal brought | 2 | | by a party. | 3 | | (5) The individual or individuals resolving a | 4 | | complaint shall use a preponderance of the evidence | 5 | | standard to determine whether the alleged violation of the | 6 | | comprehensive policy occurred. | 7 | | (6) The complainant and respondent shall (i) receive | 8 | | notice of the individual or individuals with authority to | 9 | | make a finding or impose a sanction in their proceeding | 10 | | before the individual or individuals initiate contact with | 11 | | either party and (ii) have the opportunity to request a | 12 | | substitution if the participation of an individual with | 13 | | authority to make a finding or impose a sanction poses a | 14 | | conflict of interest. | 15 | | (7) The higher education institution shall have a | 16 | | procedure to determine interim protective measures and | 17 | | accommodations available pending the resolution of the | 18 | | complaint. | 19 | | (8) Any proceeding, meeting, or hearing held to | 20 | | resolve complaints of alleged student violations of the | 21 | | comprehensive policy shall protect the privacy of the | 22 | | participating parties and witnesses. | 23 | | (9) The complainant, regardless of this person's level | 24 | | of involvement in the complaint resolution procedure, and | 25 | | the respondent shall have the opportunity to provide or | 26 | | present evidence and witnesses on their behalf during the |
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| 1 | | complaint resolution procedure. | 2 | | (10) The complainant and the respondent may not | 3 | | directly cross examine one another, but may, at the | 4 | | discretion and direction of the individual or individuals | 5 | | resolving the complaint, suggest questions to be posed by | 6 | | the individual or individuals resolving the complaint and | 7 | | respond to the other party. | 8 | | (11) Both parties may request and must be allowed to | 9 | | have an advisor of their choice accompany them to any | 10 | | meeting or proceeding related to an alleged violation of | 11 | | the comprehensive policy, provided that the involvement of | 12 | | the advisor does not result in undue delay of the meeting | 13 | | or proceeding. The advisor must comply with any rules in | 14 | | the higher education institution's complaint resolution | 15 | | procedure regarding the advisor's role. If the advisor | 16 | | violates the rules or engages in behavior or advocacy that | 17 | | harasses, abuses, or intimidates either party, a witness, | 18 | | or an individual resolving the complaint, that advisor may | 19 | | be prohibited from further participation. | 20 | | (12) The complainant and the respondent may not be | 21 | | compelled to testify, if the complaint resolution | 22 | | procedure involves a hearing, in the presence of the other | 23 | | party. If a party invokes this right, the higher education | 24 | | institution shall provide a procedure by which each party | 25 | | can, at a minimum, hear the other party's testimony. | 26 | | (13) The complainant and the respondent are entitled |
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| 1 | | to simultaneous, written notification of the results of | 2 | | the complaint resolution procedure, including information | 3 | | regarding appeal rights, within 7 days of a decision or | 4 | | sooner if required by State or federal law. | 5 | | (14) The complainant and the respondent shall, at a | 6 | | minimum, have the right to timely appeal the complaint | 7 | | resolution procedure's findings or imposed sanctions if | 8 | | the party alleges (i) a procedural error occurred, (ii) | 9 | | new information exists that would substantially change the | 10 | | outcome of the finding, or (iii) the sanction is | 11 | | disproportionate with the violation. The individual or | 12 | | individuals reviewing the findings or imposed sanctions | 13 | | shall not have participated previously in the complaint | 14 | | resolution procedure and shall not have a conflict of | 15 | | interest with either party. The complainant and the | 16 | | respondent shall receive the appeal decision in writing | 17 | | within 7 days after the conclusion of the review of | 18 | | findings or sanctions or sooner if required by federal or | 19 | | State law. | 20 | | (15) The higher education institution shall not | 21 | | disclose the identity of the survivor or the respondent, | 22 | | except as necessary to resolve the complaint or to | 23 | | implement interim protective measures and accommodations | 24 | | or when provided by State or federal law. | 25 | | (16) The higher education institution shall enact and | 26 | | implement a policy and process for early resolution of any |
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| 1 | | retaliatory claim by a respondent or any other individual | 2 | | against a survivor, including, but not limited to, claims | 3 | | of defamation, harassment, bullying, and any other policy | 4 | | violation where the actions alleged are related to the | 5 | | survivor's report of sexual violence, domestic violence, | 6 | | dating violence, stalking, or any sex-based harassment. | 7 | | Any report, claim, counter-claim, or complaint by the | 8 | | respondent that the survivor has violated the higher | 9 | | education institution's policies shall be reviewed by an | 10 | | agent of the institution with decision-making authority to | 11 | | determine if it is retaliatory. If the agent determines by | 12 | | a preponderance of the evidence that such claim is (i) | 13 | | retaliatory and (ii) either (A) based on, because of, or | 14 | | in response to the survivor's report, (B) related to the | 15 | | survivor speaking, writing, or sharing information about | 16 | | the respondent's actions that led to the report, or (C) | 17 | | based on the survivor naming the respondent as the person | 18 | | who caused the survivor harm, then the report, claim, | 19 | | counter-claim, or complaint against the survivor shall be | 20 | | dismissed. The review must be completed within 45 days of | 21 | | the report, claim, counter-claim, or complaint being | 22 | | submitted to the institution, and written notice of the | 23 | | determination must be provided to the survivor and the | 24 | | respondent no later than 10 days after completion of the | 25 | | review. | 26 | | (Source: P.A. 99-426, eff. 8-21-15.) |
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| 1 | | (110 ILCS 155/30) | 2 | | Sec. 30. Campus training, education, and awareness. | 3 | | (a) On or before August 1, 2016, a higher education | 4 | | institution shall prominently publish, timely update, and have | 5 | | easily available on its Internet website all of the following | 6 | | information: | 7 | | (1) The higher education institution's comprehensive | 8 | | policy, as well as options and resources available to | 9 | | survivors. | 10 | | (2) The higher education institution's student | 11 | | notification of rights and options described in Section 15 | 12 | | of this Act. | 13 | | (3) The name and contact information for all of the | 14 | | higher education institution's Title IX coordinators. | 15 | | (4) An explanation of the role of (i) Title IX | 16 | | coordinators, including deputy or assistant Title IX | 17 | | coordinators, under Title IX of the federal Education | 18 | | Amendments of 1972, (ii) responsible employees under Title | 19 | | IX of the federal Education Amendments of 1972, (iii) | 20 | | campus security authorities under the federal Jeanne Clery | 21 | | Disclosure of Campus Security Policy and Campus Crime | 22 | | Statistics Act, and (iv) mandated reporters under the | 23 | | Abused and Neglected Child Reporting Act and the reporting | 24 | | obligations of each, as well as the level of | 25 | | confidentiality each is allowed to provide to reporting |
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| 1 | | students under relevant federal and State law. | 2 | | (5) The name, title, and contact information for all | 3 | | confidential advisors, counseling services, and | 4 | | confidential resources that can provide a confidential | 5 | | response to a report and a description of what | 6 | | confidential reporting means. | 7 | | (6) The telephone number and website URL for | 8 | | community-based, State, and national hotlines providing | 9 | | information to sexual violence survivors. | 10 | | (b) Beginning with the 2016-2017 academic year, each | 11 | | higher education institution shall provide sexual violence | 12 | | primary prevention and awareness programming for all students | 13 | | who attend one or more classes on campus, which shall include, | 14 | | at a minimum, annual training as described in this subsection | 15 | | (b). Nothing in this Section shall be construed to limit the | 16 | | higher education institution's ability to conduct additional | 17 | | ongoing sexual violence primary prevention and awareness | 18 | | programming. | 19 | | Each higher education institution's annual training shall, | 20 | | at a minimum, provide each student who attends one or more | 21 | | classes on campus information regarding the higher education | 22 | | institution's comprehensive policy, including without | 23 | | limitation the following: | 24 | | (1) the institution's definitions of consent, | 25 | | inability to consent, and retaliation as they relate to | 26 | | sexual violence; |
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| 1 | | (2) reporting to the higher education institution, | 2 | | campus law enforcement, and local law enforcement; | 3 | | (3) reporting to the confidential advisor or other | 4 | | confidential resources; | 5 | | (4) available survivor services; and | 6 | | (5) strategies for bystander intervention and risk | 7 | | reduction. | 8 | | At the beginning of each academic year, each higher | 9 | | education institution shall provide each student of the higher | 10 | | education institution with an electronic copy or hard copy of | 11 | | its comprehensive policy, procedures, and related protocols. | 12 | | (c) Beginning in the 2016-2017 academic year, a higher | 13 | | education institution shall provide annual survivor-centered | 14 | | and trauma-informed response training to any employee of the | 15 | | higher education institution who is involved in (i) the | 16 | | receipt of a student report of an alleged incident of sexual | 17 | | violence, domestic violence, dating violence, or stalking, | 18 | | (ii) the referral or provision of services to a survivor, or | 19 | | (iii) any campus complaint resolution procedure that results | 20 | | from an alleged incident of sexual violence, domestic | 21 | | violence, dating violence, or stalking. Employees falling | 22 | | under this description include without limitation the Title IX | 23 | | coordinator, members of the higher education institution's | 24 | | campus law enforcement, and campus security. An enrolled | 25 | | student at or a contracted service provider of the higher | 26 | | education institution with the employee responsibilities |
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| 1 | | outlined in clauses (i) through (iii) of this paragraph shall | 2 | | also receive annual survivor-centered and trauma-informed | 3 | | response training. | 4 | | The higher education institution shall design the training | 5 | | to improve the trainee's ability to understand (i) the higher | 6 | | education institution's comprehensive policy , including the | 7 | | anti-retaliation policy and procedure provisions ; (ii) the | 8 | | relevant federal and State law concerning survivors of sexual | 9 | | violence, domestic violence, dating violence, and stalking at | 10 | | higher education institutions; (iii) the roles of the higher | 11 | | education institution, medical providers, law enforcement, and | 12 | | community agencies in ensuring a coordinated response to a | 13 | | reported incident of sexual violence; (iv) the effects of | 14 | | trauma on a survivor; (v) the types of conduct that constitute | 15 | | sexual violence, domestic violence, dating violence, and | 16 | | stalking, including same-sex violence; and (vi) consent and | 17 | | the role drugs and alcohol use can have on the ability to | 18 | | consent. The training shall also seek to improve the trainee's | 19 | | ability to respond with cultural sensitivity; provide services | 20 | | to or assist in locating services for a survivor, as | 21 | | appropriate; and communicate sensitively and compassionately | 22 | | with a survivor of sexual violence, domestic violence, dating | 23 | | violence, or stalking. | 24 | | (Source: P.A. 99-426, eff. 8-21-15.) | 25 | | Section 10. The Citizen Participation Act is amended by |
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| 1 | | changing Sections 5, 10, and 15 as follows: | 2 | | (735 ILCS 110/5) | 3 | | Sec. 5. Public policy. Pursuant to the fundamental | 4 | | philosophy of the American constitutional form of government, | 5 | | it is declared to be the public policy of the State of Illinois | 6 | | that the constitutional rights of citizens and organizations | 7 | | to be involved and participate freely in the process of | 8 | | government must be encouraged and safeguarded with great | 9 | | diligence. The information, reports, opinions, claims, | 10 | | arguments, and other expressions provided by citizens are | 11 | | vital to effective law enforcement, the operation of | 12 | | government, the making of public policy and decisions, and the | 13 | | continuation of representative democracy. The laws, courts, | 14 | | and other agencies of this State must provide the utmost | 15 | | protection for the free exercise of these rights of petition, | 16 | | speech, association, and government participation. | 17 | | Civil actions for money damages have been filed against | 18 | | citizens and organizations of this State as a result of their | 19 | | valid exercise of their constitutional rights to petition, | 20 | | speak freely, associate freely, and otherwise participate in | 21 | | and communicate with government. There has been a disturbing | 22 | | increase in lawsuits termed "Strategic Lawsuits Against Public | 23 | | Participation" in government or "SLAPPs" as they are popularly | 24 | | called. | 25 | | The threat of SLAPPs significantly chills and diminishes |
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| 1 | | citizen participation in government, voluntary public service, | 2 | | and the exercise of these important constitutional rights. | 3 | | This abuse of the judicial process can and has been used as a | 4 | | means of intimidating, harassing, or punishing citizens and | 5 | | organizations for involving themselves in public affairs. | 6 | | It is in the public interest and it is the purpose of this | 7 | | Act to strike a balance between the rights of persons to file | 8 | | lawsuits for injury and the constitutional rights of persons | 9 | | to petition, speak freely, associate freely, and otherwise | 10 | | participate in government; to protect and encourage public | 11 | | participation in government to the maximum extent permitted by | 12 | | law; to establish an efficient process for identification and | 13 | | adjudication of SLAPPs; and to provide for attorney's fees and | 14 | | costs to prevailing movants. | 15 | | Free speech at its best identifies wrongs, seeks | 16 | | accountability, and encourages change. Gender-based violence | 17 | | is a pervasive societal problem, and only a small percentage | 18 | | of incidents are reported. Survivors of gender-based violence | 19 | | are often silenced by fear of retaliation, including the | 20 | | threat of SLAPPs. The fear of SLAPPs deters survivors from | 21 | | speaking out and allows a perpetrator to avoid the | 22 | | consequences of the perpetrator's actions. The use of the | 23 | | legal system to silence survivors has negative impacts on the | 24 | | survivors and the public. Survivors of gender-based violence | 25 | | face significant barriers in coming forward and there is a | 26 | | public interest in protecting the right to free speech for |
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| 1 | | survivors. Survivors having the right to speak their truth | 2 | | serves the public good. The General Assembly recognizes that | 3 | | reporting gender-based violence is protected by the First | 4 | | Amendment and the Citizen Participation Act. | 5 | | (Source: P.A. 95-506, eff. 8-28-07.) | 6 | | (735 ILCS 110/10) | 7 | | Sec. 10. Definitions. In this Act: | 8 | | "Government" includes a branch, department, agency, | 9 | | instrumentality, official, employee, agent, or other person | 10 | | acting under color of law of the United States, a state, a | 11 | | subdivision of a state, or another public authority including | 12 | | the electorate. | 13 | | "Gender-based violence" means one or more acts of | 14 | | violence, aggression, or abuse satisfying the elements of any | 15 | | criminal or civil offense under the laws of this State that are | 16 | | committed, at least in part, on the basis of a person's actual | 17 | | or perceived sex or gender, regardless of whether the acts | 18 | | resulted in criminal charges, prosecution, or conviction, and | 19 | | it includes, but is not limited to, any act of domestic | 20 | | violence as defined in the Illinois Domestic Violence Act of | 21 | | 1986, dating violence, human trafficking, sexual assault, | 22 | | sexual abuse, sexual harassment, or stalking. | 23 | | "Person" includes any individual, corporation, | 24 | | association, organization, partnership, 2 or more persons | 25 | | having a joint or common interest, or other legal entity. |
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| 1 | | "Judicial claim" or "claim" include any lawsuit, cause of | 2 | | action, claim, cross-claim, counterclaim, or other judicial | 3 | | pleading or filing alleging injury. | 4 | | "Motion" includes any motion to dismiss, for summary | 5 | | judgment, or to strike, or any other judicial pleading filed | 6 | | to dispose of a judicial claim. | 7 | | "Moving party" means any person on whose behalf a motion | 8 | | described in subsection (a) of Section 20 is filed seeking | 9 | | dismissal of a judicial claim. | 10 | | "Reporting gender-based violence" includes making a | 11 | | disclosure of gender-based violence to authorities, an | 12 | | employer, an education institution, a public entity, or a | 13 | | nonprofit agency; to the press or media or at a public forum; | 14 | | in print, electronically, or via social media; or to another | 15 | | person verbally, in writing, or via electronic means. | 16 | | "Reporting gender-based violence with actual malice" means | 17 | | reporting gender-based violence with knowledge that the | 18 | | statement was false or with reckless disregard of whether it | 19 | | was false or not. | 20 | | "Responding party" means any person against whom a motion | 21 | | described in subsection (a) of Section 20 is filed. | 22 | | (Source: P.A. 95-506, eff. 8-28-07.) | 23 | | (735 ILCS 110/15) | 24 | | Sec. 15. Applicability. This Act applies to any motion to | 25 | | dispose of a claim in a judicial proceeding on the grounds that |
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| 1 | | the claim is based on, relates to, or is in response to (i) any | 2 | | act or acts of the moving party in furtherance of the moving | 3 | | party's rights of petition, speech, association, or to | 4 | | otherwise participate in government or (ii) the moving party's | 5 | | reporting of gender-based violence, including cases where the | 6 | | alleged perpetrator is publicly named . | 7 | | Acts in furtherance of the constitutional rights to | 8 | | petition, speech, association, and participation in government | 9 | | are immune from liability, regardless of intent or purpose , | 10 | | except when not genuinely aimed at procuring favorable | 11 | | government action, result, or outcome . | 12 | | Acts in furtherance of reporting gender-based violence are | 13 | | immune from liability, regardless of intent or purpose, unless | 14 | | the plaintiff presents clear and convincing evidence that the | 15 | | reporting of gender-based violence was undertaken with actual | 16 | | malice. | 17 | | The only exceptions to this Section are (i) when the acts | 18 | | are not genuinely aimed at procuring favorable government | 19 | | action, result, or outcome or (ii) when the plaintiff presents | 20 | | clear and convincing evidence that the defendant engaged in | 21 | | reporting gender-based violence with actual malice. For the | 22 | | purpose of this Act, reporting gender-based violence is per se | 23 | | genuinely aimed at procuring favorable government action, | 24 | | result, or outcome. | 25 | | (Source: P.A. 95-506, eff. 8-28-07.)". |
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