Public Act 098-0430
 
HB2590 EnrolledLRB098 08320 HEP 41001 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
Workplace Violence Prevention Act.
 
    Section 5. Purpose.  This Act is intended to assist 
employers in protecting its workforce, customers, guests and 
property by limiting access to workplace venues by potentially 
violent individuals.



 
    Section 10. Definitions. As used in this Act:
    "Credible threat of violence" means a statement or course 
of conduct that does not serve a legitimate purpose and that 
causes a reasonable person to fear for the person's safety or 
for the safety of the person's immediate family.
    "Employee" means:
        (1) a person employed or permitted to work or perform a 
    service for remuneration;
        (2) a member of a board of directors of any 
    organization;
        (3) an elected or appointed public officer; and
        (4) a volunteer, independent contractor, agency 
    worker, or any other person who performs services for an 
    employer at the employer's place of work.
    "Employer" means an individual, partnership, association, 
limited liability company, corporation, business trust, the 
State, a governmental agency, or a political subdivision that 
has at least 5 employees during any work week.
    "Unlawful violence" means any act of violence, harassment, 
or stalking as defined by the laws of this State.
 
    Section 15. Employer's right to order of protection.  An 
employer may seek an order of protection to prohibit further 
violence or threats of violence by a person if:
        (1) the employee has suffered unlawful violence or a 
    credible threat of violence from the person; and
        (2) the unlawful violence has been carried out at the 
    employee's place of work or the credible threat of violence 
    can reasonably be constructed to be carried out at the 
    employee's place of work by the person.
 
    Section 20. Irreparable harm. An employer may obtain an 
order of protection under the Illinois Domestic Violence Act of 
1986 if the employer:
        (1) files an affidavit that shows, to the satisfaction 
    of the court, reasonable proof that an employee has 
    suffered either unlawful violence or a credible threat of 
    violence by the defendant; and
        (2) demonstrates that great or irreparable harm has 
    been suffered, will be suffered, or is likely to be 
    suffered by the employee.
 
    Section 25. Remedies. Employer remedies under this Act are 
limited to an order of protection.  Nothing in this Act, 
however, waives, reduces, or diminishes any other remedy 
available to an employer under any other mechanism.
 
    Section 30. Jurisdiction; venue; procedure; enforcement. 
Issues of jurisdiction, venue, procedure, and enforcement 
shall be governed by the Illinois Domestic Violence Act of 
1986.
 
    Section 35. Law enforcement responsibilities. Law 
enforcement personnel shall have the same responsibilities 
under this Act as are provided in Article 3 of the Illinois 
Domestic Violence Act of 1986.