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| [ Introduced ] | [ House Amendment 001 ] |
92_HB1414eng HB1414 Engrossed LRB9204013DJmg 1 AN ACT in relation to violence against women. 2 WHEREAS, Recent national studies demonstrate that women 3 in the United States continue to be greatly harmed by 4 gender-related violence such as domestic violence, which is 5 disproportionately visited upon women by men, and sexual 6 abuse, which harms many women and children without being 7 reported or prosecuted; and 8 WHEREAS, It is documented that existing State and federal 9 laws have not provided adequate remedies to women survivors 10 of domestic violence and sexual abuse; and 11 WHEREAS, Women survivors of domestic violence oftentimes 12 have found laws against domestic violence used against them 13 by their batterers; and 14 WHEREAS, The United States Supreme Court has ruled that 15 the states alone have the authority to grant civil relief to 16 the survivors of such sexually discriminatory violence; and 17 WHEREAS, Such acts of gender-related violence are a form 18 of sex discrimination; therefore 19 Be it enacted by the People of the State of Illinois, 20 represented in the General Assembly: 21 Section 1. Short title. This Act may be cited as the 22 Gender Violence Act. 23 Section 5. Definition. In this Act, "gender-related 24 violence", which is a form of sex discrimination, means the 25 following: 26 (1) One or more acts of violence or physical 27 aggression satisfying the elements of battery under the 28 laws of Illinois that are committed, at least in part, on 29 the basis of a person's sex, whether or not those acts HB1414 Engrossed -2- LRB9204013DJmg 1 have resulted in criminal charges, prosecution, or 2 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 6 or not the act or acts resulted in criminal charges, 7 prosecution, or conviction. 8 (3) A threat of an act described in item (1) or (2) 9 causing a realistic apprehension that the originator of 10 the threat will commit the act. 11 Section 10. Cause of action. Any person who has been 12 subjected to gender-related violence as defined in Section 5 13 may bring a civil action for damages, injunctive relief, or 14 other appropriate relief against a person or persons 15 perpetrating that gender-related violence. For purposes of 16 this Section, "perpetrating" means either personally 17 committing the gender-related violence or personally 18 encouraging or assisting the act or acts of gender-related 19 violence. 20 Section 15. Relief. In an action brought under this Act, 21 the court may award damages, injunctive relief, or other 22 appropriate relief. The court may award actual damages, 23 damages for emotional distress, or punitive damages. A 24 judgment may also include attorney's fees and costs. 25 Section 20. Limitation. An action under this Act must be 26 commenced within 10 years after the cause of action accrued; 27 however, if the person entitled to bring the action was a 28 minor at the time the cause of action accrued, the action 29 must be commenced within 7 years after the person reaches the 30 age of 18. HB1414 Engrossed -3- LRB9204013DJmg 1 Section 98. Applicability. This Act applies only to 2 causes of action accruing on or after its effective date.