HB4850 EngrossedLRB102 25953 LNS 35335 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Gender Violence Act is amended by changing
5Sections 5 and 20 and by adding Sections 11 and 25 as follows:
6    (740 ILCS 82/5)
7    Sec. 5. Definitions Definition. In this Act: ,
8    "Employee" has the meaning provided in Section 2-101 of
9the Illinois Human Rights Act.
10    "Employer" has the meaning provided in Section 2-101 of
11the Illinois Human Rights Act.
12    "Gender-related gender-related violence", which is a form
13of sex discrimination, means the following:
14        (1) One or more acts of violence or physical
15    aggression satisfying the elements of battery under the
16    laws of Illinois that are committed, at least in part, on
17    the basis of a person's sex, whether or not those acts have
18    resulted in criminal charges, prosecution, or conviction.
19        (2) A physical intrusion or physical invasion of a
20    sexual nature under coercive conditions satisfying the
21    elements of battery under the laws of Illinois, whether or
22    not the act or acts resulted in criminal charges,
23    prosecution, or conviction.



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1        (2.5) Domestic violence, as defined in the Illinois
2    Domestic Violence Act of 1986.
3        (3) A threat of an act described in item (1), or (2),
4    or (2.5) causing a realistic apprehension that the
5    originator of the threat will commit the act.
6    "Work environment" means the employee's workplace and
7employer's premises, including any building, real property,
8and parking area under the control of the employer, or any
9other location while used for an employer-sanctioned purpose.
10    "Workplace" means where an employee or agent of the
11employer completes the work the employee or agent was hired to
12perform or tasks incidental to the employee's or agent's
14(Source: P.A. 93-416, eff. 1-1-04.)
15    (740 ILCS 82/11 new)
16    Sec. 11. Employer liability for an employee or agent. An
17employer shall only be liable for gender-related violence
18committed in the work environment by an employee or agent of
19the employer. An employer shall be liable for gender-related
20violence if the employer:
21        (1) failed to supervise, train, or monitor the
22    employee who engaged in the gender-related violence; or
23        (2) failed to investigate complaints or reports
24    directly provided to a supervisor, manager, owner, or
25    another person designated by the employer of similar



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1    conduct by an employee or agent of the employer and the
2    employer failed to take remedial measures in response to
3    the complaints or reports.
4    (740 ILCS 82/20)
5    Sec. 20. Limitation. An action by an individual based on
6gender-related violence as defined in paragraph (1), or (2),
7or (2.5) of Section 5 or under Section 11 must be commenced
8within 7 years after the cause of action accrued, except that
9if the person entitled to bring the action was a minor at the
10time the cause of action accrued, the action must be commenced
11within 7 years after the person reaches the age of 18. An
12action based on gender-related violence as defined in
13paragraph (3) of Section 5 must be commenced within 2 years
14after the cause of action accrued, except that if the person
15entitled to bring the action was a minor at the time the cause
16of action accrued, the action must be commenced within 2 years
17after the person reaches the age of 18.
18(Source: P.A. 93-416, eff. 1-1-04.)
19    (740 ILCS 82/25 new)
20    Sec. 25. No waiver. No person shall have the power to waive
21any of the provisions of this Act as part of a dissolution of
22marriage agreement, civil union, domestic partnership, or
23custody agreement. Any such purported waiver is considered
24against public policy, void, and severable from an otherwise



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1valid and enforceable agreement.