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92_HB1414ham001
LRB9204013WHcsam01
1 AMENDMENT TO HOUSE BILL 1414
2 AMENDMENT NO. . Amend House Bill 1414 by replacing
3 the title with the following:
4 "AN ACT in relation to violence against women.
5 WHEREAS, Recent national studies demonstrate that women
6 in the United States continue to be greatly harmed by
7 gender-related violence such as domestic violence, which is
8 disproportionately visited upon women by men, and sexual
9 abuse, which harms many women and children without being
10 reported or prosecuted; and
11 WHEREAS, It is documented that existing State and federal
12 laws have not provided adequate remedies to women survivors
13 of domestic violence and sexual abuse; and
14 WHEREAS, Women survivors of domestic violence oftentimes
15 have found laws against domestic violence used against them
16 by their batterers; and
17 WHEREAS, The United States Supreme Court has ruled that
18 the states alone have the authority to grant civil relief to
19 the survivors of such sexually discriminatory violence; and
20 WHEREAS, Such acts of gender-related violence are a form
21 of sex discrimination; therefore"; and
-2- LRB9204013WHcsam01
1 by replacing everything after the enacting clause with the
2 following:
3 "Section 1. Short title. This Act may be cited as the
4 Gender Violence Act.
5 Section 5. Definition. In this Act, "gender-related
6 violence", which is a form of sex discrimination, means the
7 following:
8 (1) One or more acts of violence or physical
9 aggression satisfying the elements of battery under the
10 laws of Illinois that are committed, at least in part, on
11 the basis of a person's sex, whether or not those acts
12 have resulted in criminal charges, prosecution, or
13 conviction.
14 (2) A physical intrusion or physical invasion of a
15 sexual nature under coercive conditions satisfying the
16 elements of battery under the laws of Illinois, whether
17 or not the act or acts resulted in criminal charges,
18 prosecution, or conviction.
19 (3) A threat of an act described in item (1) or (2)
20 causing a realistic apprehension that the originator of
21 the threat will commit the act.
22 Section 10. Cause of action. Any person who has been
23 subjected to gender-related violence as defined in Section 5
24 may bring a civil action for damages, injunctive relief, or
25 other appropriate relief against a person or persons
26 perpetrating that gender-related violence. For purposes of
27 this Section, "perpetrating" means either personally
28 committing the gender-related violence or personally
29 encouraging or assisting the act or acts of gender-related
30 violence.
-3- LRB9204013WHcsam01
1 Section 15. Relief. In an action brought under this Act,
2 the court may award damages, injunctive relief, or other
3 appropriate relief. The court may award actual damages,
4 damages for emotional distress, or punitive damages. A
5 judgment may also include attorney's fees and costs.
6 Section 20. Limitation. An action under this Act must be
7 commenced within 10 years after the cause of action accrued;
8 however, if the person entitled to bring the action was a
9 minor at the time the cause of action accrued, the action
10 must be commenced within 7 years after the person reaches the
11 age of 18.
12 Section 98. Applicability. This Act applies only to
13 causes of action accruing on or after its effective date.".