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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Workplace Violence Prevention Act is amended
5by changing Sections 10, 15, 20, 25, 30, and 35 and by adding
6Sections 21, 40, 45, 50, 55, 60, 65, 70, 75, 80, 85, 90, 95,
7100, 105, 110, 115, 120, and 125 as follows:
8    (820 ILCS 275/10)
9    Sec. 10. Definitions. As used in this Act:
10    "Credible threat of violence" means a statement or course
11of conduct that does not serve a legitimate purpose and that
12causes a reasonable person to fear for the person's safety at
13his or her workplace or for the safety of others at his or her
14workplace the person's immediate family.
15    "Employee" means:
16        (1) a person employed or permitted to work or perform a
17    service for remuneration;
18        (2) a member of a board of directors of any
19    organization;
20        (3) an elected or appointed public officer; and
21        (4) a volunteer, independent contractor, agency
22    worker, or any other person who performs services for an
23    employer at the employer's place of work.



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1    "Employer" means an individual, partnership, association,
2limited liability company, corporation, business trust, the
3State, a governmental agency, or a political subdivision that
4has at least 5 employees during any work week.
5    "Petitioner" means any employer who commences a proceeding
6for a workplace protection restraining order.
7    "Respondent" means a person against whom a workplace
8protection restraining order proceeding has been commenced.
9    "Workplace" or "place of work" means any property that is
10owned or leased by the employer and at which the official
11business of the petitioner is conducted.
12    "Unlawful violence" means any act of violence, harassment,
13or stalking as defined by the Criminal Code of 2012 laws of
14this State.
15(Source: P.A. 98-430, eff. 1-1-14.)
16    (820 ILCS 275/15)
17    Sec. 15. Employer's right to a workplace protection
18restraining order of protection. An employer may seek a
19workplace protection restraining an order of protection to
20prohibit further violence or threats of violence by the
21respondent a person if:
22        (1) an the employee has suffered unlawful violence and
23    the respondent has made a credible threat of violence to be
24    carried out at the employee's workplace; or a credible
25    threat of violence from the person; and



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1        (2) an employee believes that the respondent has made a
2    credible threat of violence to be carried out at the
3    employee's workplace; or
4        (3) an the unlawful act of violence has been carried
5    out at the workplace employee's place of work or the
6    respondent has made a credible threat of violence at the
7    workplace credible threat of violence can reasonably be
8    constructed to be carried out at the employee's place of
9    work by the person.
10(Source: P.A. 98-430, eff. 1-1-14.)
11    (820 ILCS 275/20)
12    Sec. 20. Affidavit Irreparable harm. An employer may obtain
13a workplace protection restraining order if the employer files
14an affidavit that shows by a preponderance of the evidence
16        (1) the conditions of Section 15 of this Act have been
17    met;
18        (2) if the petitioner is seeking an emergency order,
19    great or irreparable harm has been suffered, will be
20    suffered, or is likely to be suffered by an employee at the
21    workplace;
22        (3) if the employer is seeking a workplace protection
23    restraining order involving an employee who is a victim of
24    unlawful violence by a family or household member as
25    defined by item (6) of Section 103 of the Illinois Domestic



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1    Violence Act of 1986, the conditions of Section 21 of this
2    Act have been met. An employer may obtain an order of
3    protection under the Illinois Domestic Violence Act of 1986
4    if the employer:
5        (1) files an affidavit that shows, to the satisfaction
6    of the court, reasonable proof that an employee has
7    suffered either unlawful violence or a credible threat of
8    violence by the defendant; and
9        (2) demonstrates that great or irreparable harm has
10    been suffered, will be suffered, or is likely to be
11    suffered by the employee.
12(Source: P.A. 98-430, eff. 1-1-14.)
13    (820 ILCS 275/21 new)
14    Sec. 21. Employee notification.
15    (a) In cases in which an employer is seeking a workplace
16protection restraining order involving an employee who is a
17victim of unlawful violence by a family or household member as
18defined by item (6) of Section 103 of the Illinois Domestic
19Violence Act of 1986, the employer shall:
20        (1) prior to the filing of the petition, notify the
21    employee in writing of the employer's intent to seek a
22    workplace protection restraining order; and
23        (2) conduct a direct verbal consultation in
24    conversation with the employee prior to seeking a workplace
25    protection restraining order under this Act to determine



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1    whether any safety or well-being concerns exist in relation
2    to the employer's pursuit of the order or whether seeking
3    the order may interfere with the employee's own legal
4    actions.
5    If, after direct verbal consultation in conversation with
6the employee, the employee does not give the employer full and
7voluntary consent to seek a workplace protection restraining
8order, the employer shall not file for that order until a 4-day
9waiting period has elapsed following the date of the direct
10consultation. The 4-day waiting period does not apply if there
11is an immediate threat of imminent physical harm to the work
12site and the petitioner is seeking an emergency order.
13    (b) Employers subject to the Victims' Economic Security and
14Safety Act shall additionally include in the written notice to
15the employee in subsection (a) the following: "As your
16employer, we are subject to the Victims' Economic Security and
17Safety Act, which includes provisions for leave,
18accommodations, and prohibitions against discrimination, and
19we are notifying you of your rights under this Act. A summary
20of your rights under the Victims' Economic Security and Safety
21Act is provided on the workplace poster we are required under
22law to post in your workplace."
23    (820 ILCS 275/25)
24    Sec. 25. Remedies. Employer remedies under this Act are
25limited to a workplace protection restraining an order of



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1protection. Nothing in this Act, however, waives, reduces, or
2diminishes any other civil or criminal remedy available to an
3employer under any other mechanism. A workplace protection
4restraining order issued by the court may:
5        (1) Prohibit the respondent's unlawful violence in the
6    workplace, including ordering the respondent to stay away
7    from the workplace. When the respondent is employed at the
8    workplace location, the court, when issuing a workplace
9    protection restraining order, shall consider the severity
10    of the act and any continuing physical danger or emotional
11    distress to any employee in the workplace.
12        (2) Upon notice to the respondent, order the respondent
13    to pay the petitioner for property losses suffered as a
14    direct result of the actions of the respondent. Such losses
15    include, but are not limited to, repair or replacement of
16    property damaged or taken, reasonable attorney's fees, and
17    court costs to recover the property losses.
18    The remedies provided in this Section are in addition to
19other civil or criminal remedies available to the employer.
20(Source: P.A. 98-430, eff. 1-1-14.)
21    (820 ILCS 275/30)
22    Sec. 30. Action for workplace protection restraining order
23Jurisdiction; venue; procedure; enforcement.
24    (a) An action for a workplace protection restraining order
25may be commenced independently by filing a petition for a



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1workplace protection restraining order in any civil court,
2unless specific courts are designated by local rule or order.
3    (b) The clerk of the circuit court shall charge fees in
4accordance with the Clerks of Courts Act.
5    (c) Notwithstanding the requirements of Section 20 of this
6Act, if the specific address or geographic location of the
7workplace is not currently known to the respondent due to the
8efforts by the employer or the employee to minimize the threat
9of unlawful violence to the employee, and the petition provides
10that disclosure of the employee's current workplace would risk
11violence, the workplace address may be omitted from all
12documents filed with the court. If the petitioner does not
13disclose the workplace address, the petitioner shall designate
14an alternative address at which the respondent may serve notice
15of any motions.
16    (d) Any proceeding to obtain, modify, reopen, or appeal a
17workplace protection restraining order shall be governed by the
18rules of civil procedure of this State. The standard of proof
19in such a proceeding is proof by a preponderance of the
20evidence. The Code of Civil Procedure and Supreme Court and
21local rules applicable to civil proceedings apply.
22    (e) There is no right to trial by jury in any proceeding to
23obtain, modify, vacate, or extend any workplace protection
24restraining order under this Act. Issues of jurisdiction,
25venue, procedure, and enforcement shall be governed by the
26Illinois Domestic Violence Act of 1986.



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1(Source: P.A. 98-430, eff. 1-1-14.)
2    (820 ILCS 275/35)
3    Sec. 35. Subject matter jurisdiction Law enforcement
4responsibilities. Each of the circuit courts of this State has
5the power to issue workplace protection restraining orders. Law
6enforcement personnel shall have the same responsibilities
7under this Act as are provided in Article 3 of the Illinois
8Domestic Violence Act of 1986.
9(Source: P.A. 98-430, eff. 1-1-14.)
10    (820 ILCS 275/40 new)
11    Sec. 40. Jurisdiction over persons. The courts of this
12State have jurisdiction to bind: (1) State residents; and (2)
13non-residents having minimum contacts with this State to the
14extent permitted by Section 2-209 of the Code of Civil
16    (820 ILCS 275/45 new)
17    Sec. 45. Venue. A petition for a workplace protection
18restraining order may be filed in any county where: (i) the
19petitioner resides; (ii) the respondent resides; or (iii) the
20alleged violence occurred.
21    (820 ILCS 275/50 new)
22    Sec. 50. Process.



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1    (a) Any action for a workplace protection restraining order
2requires that a separate summons be issued and served. The
3summons shall require the respondent to answer and appear
4within 7 days. Attachments to the summons or notice shall
5include the petition for a workplace protection restraining
6order, supporting affidavits, if any, and any emergency
7workplace protection restraining order that has been issued.
8    (b) The summons shall be served by the sheriff or other law
9enforcement officer at the earliest time possible and shall
10take precedence over other summonses except those of a similar
11emergency nature. A special process server may be appointed at
12any time, and the appointment of a special process server shall
13not affect the responsibilities and authority of the sheriff or
14other official process servers.
15    (c) Service of summons on a member of the respondent's
16household or by publication is adequate if: (1) the petitioner
17has made all reasonable efforts to accomplish actual service of
18process personally upon the respondent, but the respondent
19cannot be found to effect the service; and (2) the petitioner
20files an affidavit or presents sworn testimony describing those
22    (d) A plenary workplace protection restraining order may be
23entered by default for the remedy sought in the petition if the
24respondent has been served in accordance with subsection (a) of
25this Section or given notice and if the respondent then fails
26to appear as directed or fails to appear on any subsequent



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1appearance or hearing date agreed to by the parties or set by
2the court.
3    (e) An employee who has been a victim of domestic violence
4by the respondent is not required to and the court may not
5order the employee to testify, participate in, or appear in
6this process for any purpose.
7    (820 ILCS 275/55 new)
8    Sec. 55. Hearing notice. Except as otherwise provided by
9law or court rule, notice of hearings on petitions or motions
10shall be served upon the respondent in accordance with Supreme
11Court Rules 11 and 12.
12    (820 ILCS 275/60 new)
13    Sec. 60. Hearings. The court shall treat a petition for a
14workplace protection restraining order as an expedited
15proceeding and may not transfer or otherwise decline to decide
16all or part of the petition. Nothing in this Section prevents
17the court from reserving issues if jurisdiction or notice
18requirements are not met.
19    (820 ILCS 275/65 new)
20    Sec. 65. Continuances.
21    (a) A petition for an emergency workplace protection
22restraining order shall be granted or denied in accordance with
23the standards of Section 70 of this Act, regardless of the



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1respondent's appearance or presence in court.
2    (b) Any action for a workplace protection restraining order
3is an expedited proceeding. Continuances shall be granted only
4for good cause shown and kept to a minimum reasonable duration,
5taking into account the reason for the continuance.
6    (820 ILCS 275/70 new)
7    Sec. 70. Emergency order.
8    (a) The court shall issue an emergency workplace protection
9restraining order if the petitioner establishes that:
10        (1) the court has jurisdiction under Section 40 of this
11    Act;
12        (2) the requirements of Sections 15 and 21 of this Act
13    are satisfied; and
14        (3) there is good cause to grant the remedy, regardless
15    of prior service of notice upon the respondent, because the
16    harm which that remedy is intended to prevent would be
17    likely to occur if the respondent were given prior notice
18    or greater notice than was actually given of the
19    petitioner's efforts to obtain judicial relief.
20    An emergency workplace protection restraining order shall
21be issued by the court if it appears from the contents of the
22petition and the examination of the petitioner that the
23averments are sufficient to indicate irreparable harm under
24Section 20 of this Act by the respondent and to support the
25granting of relief through the issuance of the emergency



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1workplace protection restraining order.
2    (b) If the respondent appears in court for the hearing for
3an emergency order, he or she may elect to file a general
4appearance and testify. Any resulting order may be an emergency
5order, governed by this Section. Notwithstanding the
6requirements of this Section, if all requirements of Section 75
7of this Act have been met, the court may issue a plenary order.
8    (c) If the court is unavailable at the close of business,
9the petitioner may file a petition for a 21-day emergency order
10before any available judge who may grant relief under this Act.
11If the judge finds that there is an immediate and present
12danger of irreparable harm and that the petitioner has
13satisfied the prerequisites set forth in subsection (a) of this
14Section, that judge may issue an emergency workplace protection
15restraining order.
16    (d) The chief judge of the circuit court may designate for
17each county in the circuit at least one judge to be reasonably
18available to issue orally, by telephone, by facsimile, by
19electronic means that comply with procedures established by the
20court, or otherwise, an emergency workplace protection
21restraining order at all times, whether or not the court is in
23    (e) Any order issued under this Section and any
24documentation in support of the order shall be certified on the
25next court day to the appropriate court. The clerk of the court
26shall immediately assign a case number, file the petition,



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1order, and other documents with the court, and enter the order
2of record and file it with the sheriff for service in
3accordance with Section 85 of this Act. Filing the petition
4shall commence proceedings for further relief under Section 30
5of this Act. Failure to comply with the requirements of this
6subsection (e) does not affect the validity of the order.
7    (820 ILCS 275/75 new)
8    Sec. 75. Plenary order. The court shall issue a plenary
9workplace protection restraining order if the petitioner has
10served notice of the hearing for that order on the respondent
11in accordance with Section 55 of this Section and establishes
13        (1) the court has jurisdiction under Section 40 of this
14    Act;
15        (2) the requirements of Sections 15 and 21 of this Act
16    are satisfied;
17        (3) a general appearance was made or filed by or for
18    the respondent or process was served on the respondent in
19    the manner required by Section 50 of this Act; and
20        (4) the respondent has answered or is in default.
21    (820 ILCS 275/80 new)
22    Sec. 80. Employee testimony. In a plenary workplace
23protection restraining order hearing, if the court finds that
24testimony in the courtroom voluntarily offered by the employee



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1who has suffered the violence may result in serious emotional
2distress to the employee who has suffered the violence, the
3court may order that the examination of the employee be
4conducted in chambers. Counsel shall be present at the
5examination unless otherwise agreed upon by the parties. The
6court shall cause a court reporter to be present who shall make
7a complete record of the examination instantaneously to be part
8of the record in the case.
9    (820 ILCS 275/85 new)
10    Sec. 85. Duration and extension of orders.
11    (a) Unless reopened or extended or voided by entry of an
12order of greater duration, an emergency order is effective for
13not less than 14 nor more than 21 days.
14    (b) A plenary workplace protection restraining order is
15effective for a fixed period of time not to exceed one year.
16    (820 ILCS 275/90 new)
17    Sec. 90. Contents of orders.
18    (a) A workplace protection restraining order shall
19describe each remedy granted by the court, in reasonable detail
20and not by reference to any other document, so that the
21respondent may clearly understand what he or she must do or
22refrain from doing.
23    (b) A workplace protection restraining order shall include
24the following:



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1        (1) the name of the petitioner;
2        (2) the date and time the workplace protection
3    restraining order was issued, whether it is an emergency or
4    plenary order, and the duration of the order;
5        (3) the date, time, and place for any scheduled hearing
6    for extension of the workplace protection restraining
7    order or for another order of greater duration or scope;
8        (4) for each remedy in an emergency workplace
9    protection restraining order, the reason for entering that
10    remedy without prior notice to the respondent or greater
11    notice than was actually given; and
12        (5) for emergency workplace protection restraining
13    orders, that the respondent may petition the court, in
14    accordance with Section 100, to reopen the order if he or
15    she did not receive actual prior notice of the hearing as
16    required under Section 55 of this Act and if the respondent
17    alleges that he or she had a meritorious defense to the
18    order or that the order or its remedy is not authorized by
19    this Act.
20    (820 ILCS 275/95 new)
21    Sec. 95. Notice of orders.
22    (a) Upon issuance of a workplace protection restraining
23order, the clerk shall immediately, or on the next court day if
24an emergency order is issued in accordance with subsection (c)
25of Section 70 of this Act:



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1        (1) enter the order on the record and file it in
2    accordance with the circuit court procedures; and
3        (2) provide a file stamped copy of the order to the
4    respondent, if present, and to the petitioner.
5    (820 ILCS 275/100 new)
6    Sec. 100. Modification.
7    (a) Except as otherwise provided in this Section, upon
8motion of the petitioner, the court may modify an emergency or
9plenary workplace protection restraining order by altering the
10remedy, subject to Section 25 of this Act.
11    (b) After 30 days following the entry of a plenary
12workplace protection restraining order, a court may modify the
13order only if a change in the applicable law or facts since the
14plenary order was entered warrants a modification of its terms.
15    (c) Upon 2 days' notice to the petitioner, or shorter
16notice as the court may prescribe, a respondent subject to an
17emergency workplace protection restraining order issued under
18this Act may appear and petition the court to rehear the
19original or amended petition. A petition to rehear shall be
20verified and shall allege that:
21        (1) the respondent did not receive prior notice of the
22    initial hearing in which the emergency workplace
23    protection restraining order was entered under Sections 55
24    and 70 of this Act; and
25        (2) the respondent had a meritorious defense to the



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1    order or any of its remedies or the order or any of its
2    remedies was not authorized by this Act.
3    (820 ILCS 275/105 new)
4    Sec. 105. Enforcement. The court may enforce workplace
5protection restraining orders through civil contempt
7    (820 ILCS 275/110 new)
8    Sec. 110. Employment discrimination. An employer seeking
9or obtaining a workplace protection restraining order shall
10comply with any federal or State law to which it is subject,
11including any provision under the Victims' Economic Security
12and Safety Act and the Illinois Human Rights Act, regarding
13employee protections and the rights of the employee who has
14suffered the violence.
15    (820 ILCS 275/115 new)
16    Sec. 115. Effect on other laws and employment benefits.
17    (a) Nothing in this Act shall be construed to supersede any
18provision of any federal, State, or local law, collective
19bargaining agreement, or employment benefits program or plan
20that provides employment protections for employees, including
21any provision under the Victims' Economic Security and Safety
22Act and the Illinois Human Rights Act.
23    (b) No workplace protection restraining order may prohibit



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1or otherwise interfere with lawful activities under the
2National Labor Relations Act, the Illinois Public Labor
3Relations Act, the Illinois Educational Labor Relations Act, or
4any lawful activity related to a labor organization's efforts
5to represent employees, engage in collective bargaining, or
6undertake economic action.
7    (c) Any other claims under the Victims' Economic Security
8and Safety Act against the employer may be heard as part of a
9civil action under this Act.
10    (820 ILCS 275/120 new)
11    Sec. 120. Exemptions.
12    (a) The court may not enter a workplace protection
13restraining order that enjoins the following activities:
14        (1) lawful monitoring of compliance with workplace
15    safety laws, wage and hour requirements, or other statutory
16    workplace requirements;
17        (2) lawful picketing, patrolling, using a banner, or
18    other lawful protesting at the workplace which arises out
19    of a bona fide labor dispute; and
20        (3) engaging in concerted and protected activities as
21    defined in applicable labor law.
22    (b) As used in this Section, "bona fide labor dispute"
23means any activity recognized as a labor dispute by the
24National Labor Relations Act, the Illinois Public Labor
25Relations Act, or the Illinois Educational Labor Relations Act,



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1and includes a controversy concerning: wages, salaries, hours,
2working conditions, or benefits, including health and welfare,
3sick leave, insurance, and pension or retirement provisions;
4the terms to be included in collective bargaining agreements;
5and the making, maintaining, administering, and filing of
6protests or grievances under a collective bargaining
8    (820 ILCS 275/125 new)
9    Sec. 125. Confidentiality and privacy. The employer shall
10keep all information relating to a workplace protection
11restraining order in the strictest confidence, limiting
12information only to those employees who have a current
13demonstrable interest related to the safety of the employee who
14has suffered the violence.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.