Rep. Will Guzzardi

Filed: 2/14/2023

 

 


 

 


 
10300HB1363ham001LRB103 25675 LNS 57273 a

1
AMENDMENT TO HOUSE BILL 1363

2    AMENDMENT NO. ______. Amend House Bill 1363 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    the basis of a person's sex, whether or not those acts have
2    resulted in criminal charges, prosecution, or conviction.
3        (2) A physical intrusion or physical invasion of a
4    sexual nature under coercive conditions satisfying the
5    elements of battery under the laws of Illinois, whether or
6    not the act or acts resulted in criminal charges,
7    prosecution, or conviction.
8        (2.5) Domestic violence, as defined in the Victims'
9    Economic Security and Safety Act.
10        (3) A threat of an act described in item (1), or (2),
11    or (2.5) causing a realistic apprehension that the
12    originator of the threat will commit the act.
13    "Workplace" means the employer's premises, including any
14building, real property, and parking area under the control of
15the employer or any location used by an employee while in the
16performance of the employee's job duties. "Workplace" includes
17activities occurring off-premises at employer-sponsored events
18where an employee is not performing the employee's job duties.
19(Source: P.A. 93-416, eff. 1-1-04.)
 
20    (740 ILCS 82/11 new)
21    Sec. 11. Employer liability for an employee or agent.
22    (a) An employer is only liable for gender-related violence
23committed in the work environment by an employee or agent of
24the employer. Liability only extends to gender-related
25violence that occurs: (i) while the employee was directly

 

 

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1performing the employee's job duties and the job duties were
2the proximate cause of the injury; or (ii) while the agent of
3the employer was directly involved in the performance of the
4contracted work and the contracted work was the proximate
5cause of the injury. Proximate cause exists when the actions
6of the employee or the agent of the employer were a substantial
7factor in causing the injury.
8    An employer is liable if the employer has acted in a manner
9inconsistent with how a reasonable person would act under
10similar circumstances.
11    (b) An employer is liable for gender-related violence if
12the employer:
13        (1) failed to supervise, train, or monitor the
14    employee who engaged in the gender-related violence. An
15    employer providing training pursuant to Section 2-109 of
16    the Illinois Human Rights Act shall have an affirmative
17    defense that adequate training was provided to the
18    employee; or
19        (2) failed to investigate complaints or reports
20    directly provided to a supervisor, manager, owner, or
21    another person designated by the employer of similar
22    conduct by an employee or agent of the employer and the
23    employer failed to take remedial measures in response to
24    the complaints or reports.
 
25    (740 ILCS 82/20)

 

 

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

 

 

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1enforceable agreement.".