SB3602 103RD GENERAL ASSEMBLY

LRB103 37539 JRC 67663 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3602

Introduced 2/9/2024, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

740 ILCS 82/5

Amends the Gender Violence Act. Adds to the definition of gender violence to include (1) contact between a sexual organ from which a sexually protective device has been removed and the intimate part of another person who did not verbally consent to the sexually protective device being removed; and (2) contact between an intimate part of the person and a sexual organ of another person from which the person removed a sexually protective device without verbal consent of the other person. Defines sexually protective device to mean any of the following that is intended to prevent pregnancy or sexually transmitted infection: male or female condom; spermicide; diaphragm; cervical cap; contraceptive sponge; dental dam; or another physical device intended to prevent pregnancy or sexually transmitted infection.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Gender Violence Act is amended by changing Section 5 as follows:

(740 ILCS 82/5)

Sec. 5. Definitions. In this Act:

"Employee" has the meaning provided in Section 2-101 of the Illinois Human Rights Act.

"Employer" has the meaning provided in Section 2-101 of the Illinois Human Rights Act.

"Gender-related violence", which is a form of sex discrimination, means the following:

(1) One or more acts of violence or physical aggression satisfying the elements of battery under the laws of Illinois that are committed, at least in part, on the basis of a person's sex, whether or not those acts have resulted in criminal charges, prosecution, or conviction.

(2) A physical intrusion or physical invasion of a sexual nature under coercive conditions satisfying the elements of battery under the laws of Illinois, whether or not the act or acts resulted in criminal charges, prosecution, or conviction.

(2.1) Contact between a sexual organ of one person from which a sexually protective device has been removed and the intimate part of another person who did not verbally consent to the sexually protective device being removed.

(2.2) Contact between an intimate part of a person and a sexual organ of another person from which the person removed a sexually protective device without verbal consent of the other person.

(2.5) Domestic violence, as defined in the Victims' Economic Security and Safety Act.

(3) A threat of an act described in item (1), (2), or (2.5) causing a realistic apprehension that the originator of the threat will commit the act.

"Sexually protective device" means any of the following intended to prevent pregnancy or sexually transmitted infection: male or female condom; spermicide; diaphragm; cervical cap; contraceptive sponge; dental dam; or another physical device intended to prevent pregnancy or sexually transmitted infection.

"Workplace" means the employer's premises, including any building, real property, and parking area under the control of the employer, or any location used by an employee while in the performance of the employee's job duties. "Workplace" includes activities occurring off-premises at employer-sponsored events where an employee is not performing the employee's job duties.

(Source: P.A. 103-282, eff. 1-1-24.)