Full Text of SB0243 103rd General Assembly
SB0243 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0243 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: |
| 740 ILCS 82/5 | | 740 ILCS 82/11 new | | 740 ILCS 82/20 | | 740 ILCS 82/25 new | |
|
Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement. Makes corresponding changes.
|
| |
| | A BILL FOR |
|
| | | SB0243 | | LRB103 27514 LNS 53889 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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
| 17 | | the basis of a person's sex,
whether or not those acts have | 18 | | resulted in
criminal
charges, prosecution, or conviction.
| 19 | | (2) A physical intrusion or physical invasion of a
| 20 | | sexual nature under coercive conditions satisfying the
| 21 | | elements of battery under the laws of Illinois, whether
or | 22 | | not the act or acts resulted in criminal charges,
| 23 | | prosecution, or conviction.
|
| | | SB0243 | - 2 - | LRB103 27514 LNS 53889 b |
|
| 1 | | (2.5) Domestic violence, as defined in the Illinois | 2 | | Domestic Violence Act of 1986.
| 3 | | (3) A threat of an act described in item (1) , or
(2) , | 4 | | or (2.5) causing a realistic apprehension that the | 5 | | originator
of the threat will commit the act.
| 6 | | "Work environment" means the employee's workplace and | 7 | | employer's premises, including any building, real property, | 8 | | and parking area under the control of the employer, or any | 9 | | other location while used for an employer-sanctioned purpose. | 10 | | "Workplace" means where an employee or agent of the | 11 | | employer completes the work the employee or agent was hired to | 12 | | perform or tasks incidental to the employee's or agent's | 13 | | employment. | 14 | | (Source: P.A. 93-416, eff. 1-1-04.)
| 15 | | (740 ILCS 82/11 new) | 16 | | Sec. 11. Employer liability for an employee or agent. An | 17 | | employer shall be liable only for gender-related violence | 18 | | committed in the work environment by an employee or agent of | 19 | | the employer. An employer shall be liable for gender-related | 20 | | violence if the employer: | 21 | | (1) failed to supervise, train, or monitor the | 22 | | employee who engaged in the gender-related violence; or | 23 | | (2) failed to investigate complaints or reports | 24 | | directly provided to a supervisor, manager, owner, or | 25 | | another person designated by the employer of similar |
| | | SB0243 | - 3 - | LRB103 27514 LNS 53889 b |
|
| 1 | | conduct by an employee or agent of the employer and the | 2 | | employer failed to take remedial measures in response to | 3 | | the complaints or reports.
| 4 | | (740 ILCS 82/20)
| 5 | | Sec. 20. Limitation. An action by an individual based on | 6 | | gender-related violence as
defined
in
paragraph (1) , or (2) , | 7 | | or (2.5) of Section 5 or under Section 11 must be commenced | 8 | | within 7 years after the
cause of
action accrued, except that | 9 | | if the person entitled to bring the action was a
minor at the
| 10 | | time the cause of action accrued, the action must be commenced | 11 | | within 7 years
after the
person reaches the age of 18. An | 12 | | action based on gender-related violence as
defined in
| 13 | | paragraph (3) of Section 5 must be commenced within 2 years | 14 | | after the cause of
action
accrued, except that if the person | 15 | | entitled to bring the action was a minor at
the time the
cause | 16 | | of action accrued, the action must be commenced within 2 years | 17 | | after the
person
reaches the age of 18.
| 18 | | (Source: P.A. 93-416, eff. 1-1-04.)
| 19 | | (740 ILCS 82/25 new) | 20 | | Sec. 25. No waiver. No person shall have the power to waive | 21 | | any of the provisions of this Act as part of a dissolution of | 22 | | marriage agreement, dissolution of civil union agreement, | 23 | | dissolution of domestic partnership agreement, or custody | 24 | | agreement. Any such purported waiver is considered against |
| | | SB0243 | - 4 - | LRB103 27514 LNS 53889 b |
|
| 1 | | public policy, void, and severable from an otherwise valid and | 2 | | enforceable agreement.
|
|