HB2590 98TH GENERAL ASSEMBLY

LRB098 08320 HEP 41001 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2590

Introduced , by Rep. Ron Sandack

SYNOPSIS AS INTRODUCED:

New Act

Creates the Workplace Violence Prevention Act. Contains a purpose statement and defines terms. Provides that 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. Provides that 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. Provides that employer remedies under the Act are limited to an order of protection, but that nothing in the Act waives, reduces, or diminishes any other remedy available to an employer under any other mechanism. Provides that the Act does not apply to cases involving or growing out of a labor dispute governed by other State or federal law. Provides that issues of jurisdiction, venue, procedure, and enforcement shall be governed by the Illinois Domestic Violence Act of 1986, and that law enforcement personnel shall have the same responsibilities as provided in that Act.

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. 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.