HB4850 102ND GENERAL ASSEMBLY

LRB102 25953 LNS 35335 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4850

Introduced 1/27/2022, by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

740 ILCS 82/5
740 ILCS 82/11 new
740 ILCS 82/20
740 ILCS 82/25 new

Amends "An Act in relation to violence against women", approved August 5, 2003, Public Act 93-416, by adding clauses to the preamble. Amends the Gender Violence Act. Includes domestic violence in the definition of "gender-related violence". Provides that an employer shall be liable for gender-related violence committed by an employee or nonemployee if the employer, through the employer's acts or omissions, engages in: (1) encouraging or assisting in the commission of the gender-related violence by failing to supervise, train, or monitor an employee or nonemployee; (2) having prior knowledge of an employee's or nonemployee's propensity for engaging in similar conduct but failing to take remedial measures; (3) failing to investigate complaints or reports of similar conduct by an employee or nonemployee; or (4) otherwise failing to investigate or take remedial measures in response to complaints or reports of similar conduct by an employee or nonemployee. Requires an action based on gender-related violence relating to domestic violence to be commenced within 7 years after the cause of action accrued or, in a case where the person was a minor at the time the cause of action accrued, within 7 years of the person reaching the age of 18. Provides that no person has the power to waive any provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement.

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 1. "An Act in relation to violence against women", approved August 5, 2003, Public Act 93-416, is amended by changing the preamble as follows:

WHEREAS, Recent national studies demonstrate that women in the United States continue to be greatly harmed by gender-related violence such as domestic violence, which is disproportionately visited upon women by men, and sexual abuse, which harms many women and children without being reported or prosecuted; and

WHEREAS, It is documented that existing State and federal laws have not provided adequate remedies to women survivors of domestic violence and sexual abuse; and

WHEREAS, Women survivors of domestic violence oftentimes have found laws against domestic violence used against them by their batterers; and

WHEREAS, The United States Supreme Court has ruled that the states alone have the authority to grant civil relief to the survivors of such sexually discriminatory violence; and

WHEREAS, Such acts of gender-related violence are a form of sex discrimination; and therefore

WHEREAS, Notwithstanding the intention of the General Assembly when it passed the Gender Violence Act in 2003, courts have not uniformly applied the Gender Violence Act to prohibit domestic violence; and

WHEREAS, It was the intention of the General Assembly when it passed the Gender Violence Act in 2003 that employers be held liable, based on their acts or omissions, for gender-motivated violence committed by their employees and non-employees; and

WHEREAS, Notwithstanding the intention of the General Assembly when it passed the Gender Violence Act in 2003, courts have not uniformly applied the Gender Violence Act to provide for employer liability; therefore

Section 5. The Gender Violence Act is amended by adding Sections 5, 11, and 20 and by adding Section 25 as follows:

(740 ILCS 82/5)

Sec. 5. Definition. In this 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.

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

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

(Source: P.A. 93-416, eff. 1-1-04.)

(740 ILCS 82/11 new)

Sec. 11. Employer liability.

(a) An employer shall be liable for gender-related violence committed by an employee or nonemployee if the employer, through the employer's acts or omissions, engages in:

(1) encouraging or assisting in the commission of the gender-related violence by failing to supervise, train, or monitor an employee or nonemployee;

(2) having prior knowledge of an employee's or nonemployee's propensity for engaging in similar conduct but failing to take remedial measures;

(3) failing to investigate complaints or reports of similar conduct by an employee or nonemployee; or

(4) otherwise failing to investigate or take remedial measures in response to complaints or reports of similar conduct by an employee or nonemployee.

(b) As used in this Section:

"Employee" and "employer" have the same meaning as used in Section 2-101 of the Illinois Human Rights Act.

"Nonemployee" has the same meaning as used in Section 2-102 of the Illinois Human Rights Act.

(740 ILCS 82/20)

Sec. 20. Limitation. An action based on gender-related violence as defined in paragraph (1), or (2), or (2.5) of Section 5 must be commenced within 7 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, the action must be commenced within 7 years after the person reaches the age of 18. An action based on gender-related violence as defined in paragraph (3) of Section 5 must be commenced within 2 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, the action must be commenced within 2 years after the person reaches the age of 18.

(Source: P.A. 93-416, eff. 1-1-04.)

(740 ILCS 82/25 new)

Sec. 25. No waiver. No person shall have the power to waive any of the provisions of this Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. Any such purported waiver is considered against public policy, void, and severable from an otherwise valid and enforceable agreement.