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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2836 Introduced 2/16/2023, by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
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Creates the Right to Speak Your Truth Act. Prohibits a person accused of sexual misconduct, sexual abuse, sexual assault, and sexual
harassment from using a defamation action to silence, or retaliate against, the accusing
person, staff, or third party reporting the forms of sexual misconduct, sexual abuse, sexual
assault, and sexual harassment. Provides that defamation claims, where an accuser is publicly named by a person, staff, or third person
reporting alleged sexual misconduct, sexual abuse, sexual assault, or sexual harassment,
shall be reserved for cases where cited documentation and evidence can establish within the
initial court filing one or more of the following: (1) the claimed act in the reported accusation was a factual impossibility for the
accused to have perpetrated; (2) the accuser has been impeached in a courtroom proceeding regarding the
same alleged facts as in the present reported accusation; (3) the accuser has publicly made contrary statements involving relevant,
material facts regarding the present reported incident; or (4) the accuser has publicly stated that the present reported incident did not
occur.
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| | A BILL FOR |
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| | HB2836 | | LRB103 27309 LNS 53680 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the Right |
| 5 | | to Speak Your Truth Act.
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| 6 | | Section 5. Definition. As used in this Act, "report" or |
| 7 | | "reporting" includes disclosures to
authorities, human |
| 8 | | resources, speaking to the press, publishing on social media, |
| 9 | | or telling
another person.
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| 10 | | Section 10. Defamation action prohibited. A person accused |
| 11 | | of sexual misconduct, sexual abuse, sexual assault, and sexual
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| 12 | | harassment shall not use a defamation action to silence, or |
| 13 | | retaliate against, the accusing
person, staff, or third party |
| 14 | | reporting the forms of sexual misconduct, sexual abuse, sexual
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| 15 | | assault, and sexual harassment, including cases where the |
| 16 | | alleged perpetrator is
publicly named.
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| 17 | | Section 15. Defamation claims allowed. Defamation claims, |
| 18 | | where an accuser is publicly named by a person, staff, or third |
| 19 | | person
reporting alleged sexual misconduct, sexual abuse, |
| 20 | | sexual assault, or sexual harassment,
shall be reserved for |
| 21 | | cases where cited documentation and evidence can establish |