Bill Status of HB 1363   103rd General Assembly


Short Description:  GENDER VIOLENCE-EMPLOYER DUTY

House Sponsors
Rep. Will Guzzardi, Daniel Didech, Robyn Gabel-Lakesia Collins-Carol Ammons-Dagmara Avelar and Matt Hanson

Senate Sponsors
(Sen. Karina Villa and Mary Edly-Allen)


Last Action  View All Actions

DateChamber Action
  7/28/2023HousePublic Act . . . . . . . . . 103-0282

Statutes Amended In Order of Appearance
740 ILCS 82/5
740 ILCS 82/11 new
740 ILCS 82/20
740 ILCS 82/25 new

Synopsis As Introduced
Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement. Makes corresponding changes.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. Provides that an employer is only liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides that liability only extends to gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while agent of the employer was directly involved in the performance of the contracted work and the contracted work was the proximate cause of the injury. Provides that an employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 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, then within 4 years after the person reaches the age of 18. Provides that no person has the power to waive any provision of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement.

House Floor Amendment No. 2
Deletes reference to:
740 ILCS 82/25 new

Replaces everything after the enacting clause with the provisions of House Amendment No. 1, and makes the following changes: Provides that an employer is only liable for gender-related violence committed in the workplace (rather than work environment) by an employee or agent of the employer when the interaction giving rise to the gender-related violence arises out of and in the course of employment with the employer. Provides that nothing in the Act precludes a person who has been the victim of gender-related violence from pursuing any other right or cause of action created by statute or common law. Removes language providing that no person has the power to waive any of the provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. Makes other changes.

Senate Floor Amendment No. 1
Provides that liability only extends to an employer for gender-related violence that occurs: (i) while the employee was directly performing the employee's job duties and the gender-related violence (rather than the performance of the job duties) was the proximate cause of the injury; or (ii) while the agent of the employer was directly involved in the performance of the contracted work and the gender-related violence (rather than the performance of the contracted work) was the proximate cause of the injury. Provides that employer liability in other provisions are notwithstanding the requirements of items (i) and (ii) and other specified provisions.

Actions 
DateChamber Action
  1/23/2023HouseFiled with the Clerk by Rep. Will Guzzardi
  1/30/2023HouseAdded Co-Sponsor Rep. Daniel Didech
  1/30/2023HouseAdded Co-Sponsor Rep. Robyn Gabel
  1/31/2023HouseFirst Reading
  1/31/2023HouseReferred to Rules Committee
  2/7/2023HouseAssigned to Judiciary - Civil Committee
  2/14/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Will Guzzardi
  2/14/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/28/2023HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/8/2023HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/8/2023HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 010-004-000
  3/8/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/15/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Will Guzzardi
  3/15/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/16/2023HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  3/22/2023HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 009-004-000
  3/22/2023HouseHouse Floor Amendment No. 2 Adopted
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Lakesia Collins
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Dagmara Avelar
  3/23/2023HouseAdded Co-Sponsor Rep. Matt Hanson
  3/23/2023HouseThird Reading - Short Debate - Passed 071-038-000
  3/24/2023SenateArrive in Senate
  3/24/2023SenatePlaced on Calendar Order of First Reading
  3/24/2023SenateChief Senate Sponsor Sen. Karina Villa
  3/24/2023SenateFirst Reading
  3/24/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Judiciary
  4/19/2023SenateDo Pass Judiciary; 009-000-000
  4/19/2023SenatePlaced on Calendar Order of 2nd Reading April 20, 2023
  4/25/2023SenateSecond Reading
  4/25/2023SenatePlaced on Calendar Order of 3rd Reading April 26, 2023
  5/10/2023SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Karina Villa
  5/10/2023SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/11/2023SenateRule 2-10 Third Reading Deadline Established As May 25, 2023
  5/12/2023SenateRule 2-10 Third Reading Deadline Established As May 19, 2023
  5/16/2023SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/16/2023SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-000-000
  5/17/2023SenateRecalled to Second Reading
  5/17/2023SenateSenate Floor Amendment No. 1 Adopted; Villa
  5/17/2023SenatePlaced on Calendar Order of 3rd Reading
  5/17/2023SenateThird Reading - Passed; 050-000-000
  5/17/2023SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
  5/17/2023HouseArrived in House
  5/17/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/17/2023HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Will Guzzardi
  5/17/2023HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/18/2023HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Judiciary - Civil Committee
  5/19/2023HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 010-004-000
  5/19/2023HouseSenate Floor Amendment No. 1 House Concurs 073-035-000
  5/19/2023HouseHouse Concurs
  5/19/2023HousePassed Both Houses
  6/16/2023HouseSent to the Governor
  7/28/2023HouseGovernor Approved
  7/28/2023HouseEffective Date January 1, 2024
  7/28/2023HousePublic Act . . . . . . . . . 103-0282

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