Sen. Darin M. LaHood

Filed: 4/4/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2003 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Workplace Violence Prevention Act is
5amended by changing Sections 10, 15, 20, 25, 30, and 35 and by
6adding Sections 21, 40, 45, 50, 55, 60, 65, 70, 75, 80, 85, 90,
795, 100, 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



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1    service for remuneration;
2        (2) a member of a board of directors of any
3    organization;
4        (3) an elected or appointed public officer; and
5        (4) a volunteer, independent contractor, agency
6    worker, or any other person who performs services for an
7    employer at the employer's place of work.
8    "Employer" means an individual, partnership, association,
9limited liability company, corporation, business trust, the
10State, a governmental agency, or a political subdivision that
11has at least 5 employees during any work week.
12    "Petitioner" means any employer who commences a proceeding
13for a workplace protection restraining order.
14    "Respondent" means a person against whom a workplace
15protection restraining order proceeding has been commenced.
16    "Workplace" or "place of work" means any property that is
17owned or leased by the employer and at which the official
18business of the petitioner is conducted.
19    "Unlawful violence" means any act of violence, harassment,
20or stalking as defined by the Criminal Code of 2012 laws of
21this State.
22(Source: P.A. 98-430, eff. 1-1-14.)
23    (820 ILCS 275/15)
24    Sec. 15. Employer's right to a workplace protection
25restraining order of protection. An employer may seek a



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



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



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1Violence Act of 1986, the employer shall:
2        (1) prior to the filing of the petition, notify the
3    employee in writing of the employer's intent to seek a
4    workplace protection restraining order; and
5        (2) conduct a direct verbal consultation in
6    conversation with the employee prior to seeking a workplace
7    protection restraining order under this Act to determine
8    whether any safety or well-being concerns exist in relation
9    to the employer's pursuit of the order or whether seeking
10    the order may interfere with the employee's own legal
11    actions.
12    If, after direct verbal consultation in conversation with
13the employee, the employee does not give the employer full and
14voluntary consent to seek a workplace protection restraining
15order, the employer shall not file for that order until a 4-day
16waiting period has elapsed following the date of the direct
17consultation. The 4-day waiting period does not apply if there
18is an immediate threat of imminent physical harm to the work
19site and the petitioner is seeking an emergency order.
20    (b) Employers subject to the Victims' Economic Security and
21Safety Act shall additionally include in the written notice to
22the employee in subsection (a) the following: "As your
23employer, we are subject to the Victims' Economic Security and
24Safety Act, which includes provisions for leave,
25accommodations, and prohibitions against discrimination, and
26we are notifying you of your rights under this Act. A summary



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1of your rights under the Victims' Economic Security and Safety
2Act is provided on the workplace poster we are required under
3law to post in your workplace."
4    (820 ILCS 275/25)
5    Sec. 25. Remedies. Employer remedies under this Act are
6limited to a workplace protection restraining an order of
7protection. Nothing in this Act, however, waives, reduces, or
8diminishes any other civil or criminal remedy available to an
9employer under any other mechanism. A workplace protection
10restraining order issued by the court may:
11        (1) Prohibit the respondent's unlawful violence in the
12    workplace, including ordering the respondent to stay away
13    from the workplace. When the respondent is employed at the
14    workplace location, the court, when issuing a workplace
15    protection restraining order, shall consider the severity
16    of the act and any continuing physical danger or emotional
17    distress to any employee in the workplace.
18        (2) Upon notice to the respondent, order the respondent
19    to pay the petitioner for property losses suffered as a
20    direct result of the actions of the respondent. Such losses
21    include, but are not limited to, repair or replacement of
22    property damaged or taken, reasonable attorney's fees, and
23    court costs to recover the property losses.
24    The remedies provided in this Section are in addition to
25other civil or criminal remedies available to the employer.



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1(Source: P.A. 98-430, eff. 1-1-14.)
2    (820 ILCS 275/30)
3    Sec. 30. Action for workplace protection restraining order
4Jurisdiction; venue; procedure; enforcement.
5    (a) An action for a workplace protection restraining order
6may be commenced independently by filing a petition for a
7workplace protection restraining order in any civil court,
8unless specific courts are designated by local rule or order.
9    (b) The clerk of the circuit court shall charge fees in
10accordance with the Clerks of Courts Act.
11    (c) Notwithstanding the requirements of Section 20 of this
12Act, if the specific address or geographic location of the
13workplace is not currently known to the respondent due to the
14efforts by the employer or the employee to minimize the threat
15of unlawful violence to the employee, and the petition provides
16that disclosure of the employee's current workplace would risk
17violence, the workplace address may be omitted from all
18documents filed with the court. If the petitioner does not
19disclose the workplace address, the petitioner shall designate
20an alternative address at which the respondent may serve notice
21of any motions.
22    (d) Any proceeding to obtain, modify, reopen, or appeal a
23workplace protection restraining order shall be governed by the
24rules of civil procedure of this State. The standard of proof
25in such a proceeding is proof by a preponderance of the



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1evidence. The Code of Civil Procedure and Supreme Court and
2local rules applicable to civil proceedings apply.
3    (e) There is no right to trial by jury in any proceeding to
4obtain, modify, vacate, or extend any workplace protection
5restraining order under this Act. Issues of jurisdiction,
6venue, procedure, and enforcement shall be governed by the
7Illinois Domestic Violence Act of 1986.
8(Source: P.A. 98-430, eff. 1-1-14.)
9    (820 ILCS 275/35)
10    Sec. 35. Subject matter jurisdiction Law enforcement
11responsibilities. Each of the circuit courts of this State has
12the power to issue workplace protection restraining orders. Law
13enforcement personnel shall have the same responsibilities
14under this Act as are provided in Article 3 of the Illinois
15Domestic Violence Act of 1986.
16(Source: P.A. 98-430, eff. 1-1-14.)
17    (820 ILCS 275/40 new)
18    Sec. 40. Jurisdiction over persons. The courts of this
19State have jurisdiction to bind: (1) State residents; and (2)
20non-residents having minimum contacts with this State to the
21extent permitted by Section 2-209 of the Code of Civil
23    (820 ILCS 275/45 new)



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1    Sec. 45. Venue. A petition for a workplace protection
2restraining order may be filed in any county where: (i) the
3petitioner resides; (ii) the respondent resides; or (iii) the
4alleged violence occurred.
5    (820 ILCS 275/50 new)
6    Sec. 50. Process.
7    (a) Any action for a workplace protection restraining order
8requires that a separate summons be issued and served. The
9summons shall require the respondent to answer and appear
10within 7 days. Attachments to the summons or notice shall
11include the petition for a workplace protection restraining
12order, supporting affidavits, if any, and any emergency
13workplace protection restraining order that has been issued.
14    (b) The summons shall be served by the sheriff or other law
15enforcement officer at the earliest time possible and shall
16take precedence over other summonses except those of a similar
17emergency nature. A special process server may be appointed at
18any time, and the appointment of a special process server shall
19not affect the responsibilities and authority of the sheriff or
20other official process servers.
21    (c) Service of summons on a member of the respondent's
22household or by publication is adequate if: (1) the petitioner
23has made all reasonable efforts to accomplish actual service of
24process personally upon the respondent, but the respondent
25cannot be found to effect the service; and (2) the petitioner



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1files an affidavit or presents sworn testimony describing those
3    (d) A plenary workplace protection restraining order may be
4entered by default for the remedy sought in the petition if the
5respondent has been served in accordance with subsection (a) of
6this Section or given notice and if the respondent then fails
7to appear as directed or fails to appear on any subsequent
8appearance or hearing date agreed to by the parties or set by
9the court.
10    (e) An employee who has been a victim of domestic violence
11by the respondent is not required to and the court may not
12order the employee to testify, participate in, or appear in
13this process for any purpose.
14    (820 ILCS 275/55 new)
15    Sec. 55. Hearing notice. Except as otherwise provided by
16law or court rule, notice of hearings on petitions or motions
17shall be served upon the respondent in accordance with Supreme
18Court Rules 11 and 12.
19    (820 ILCS 275/60 new)
20    Sec. 60. Hearings. The court shall treat a petition for a
21workplace protection restraining order as an expedited
22proceeding, and may not transfer or otherwise decline to decide
23all or part of the petition. Nothing in this Section prevents
24the court from reserving issues if jurisdiction or notice



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1requirements are not met.
2    (820 ILCS 275/65 new)
3    Sec. 65. Continuances.
4    (a) A petition for an emergency workplace protection
5restraining order shall be granted or denied in accordance with
6the standards of Section 70 of this Act, regardless of the
7respondent's appearance or presence in court.
8    (b) Any action for a workplace protection restraining order
9is an expedited proceeding. Continuances shall be granted only
10for good cause shown and kept to a minimum reasonable duration,
11taking into account the reason for the continuance.
12    (820 ILCS 275/70 new)
13    Sec. 70. Emergency order.
14    (a) The court shall issue an emergency workplace protection
15restraining order if the petitioner establishes that:
16        (1) the court has jurisdiction under Section 40 of this
17    Act;
18        (2) the requirements of Sections 15 and 21 of this Act
19    are satisfied; and
20        (3) there is good cause to grant the remedy, regardless
21    of prior service of notice upon the respondent, because the
22    harm which that remedy is intended to prevent would be
23    likely to occur if the respondent were given prior notice
24    or greater notice than was actually given of the



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1    petitioner's efforts to obtain judicial relief.
2    An emergency workplace protection restraining order shall
3be issued by the court if it appears from the contents of the
4petition and the examination of the petitioner that the
5averments are sufficient to indicate irreparable harm under
6Section 20 of this Act by the respondent and to support the
7granting of relief through the issuance of the emergency
8workplace protection restraining order.
9    (b) If the respondent appears in court for the hearing for
10an emergency order, he or she may elect to file a general
11appearance and testify. Any resulting order may be an emergency
12order, governed by this Section. Notwithstanding the
13requirements of this Section, if all requirements of Section 75
14of this Act have been met, the court may issue a plenary order.
15    (c) If the court is unavailable at the close of business,
16the petitioner may file a petition for a 21-day emergency order
17before any available judge who may grant relief under this Act.
18If the judge finds that there is an immediate and present
19danger of irreparable harm and that the petitioner has
20satisfied the prerequisites set forth in subsection (a) of this
21Section, that judge may issue an emergency workplace protection
22restraining order.
23    (d) The chief judge of the circuit court may designate for
24each county in the circuit at least one judge to be reasonably
25available to issue orally, by telephone, by facsimile, by
26electronic means that comply with procedures established by the



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1court, or otherwise, an emergency workplace protection
2restraining order at all times, whether or not the court is in
4    (e) Any order issued under this Section and any
5documentation in support of the order shall be certified on the
6next court day to the appropriate court. The clerk of the court
7shall immediately assign a case number, file the petition,
8order, and other documents with the court, and enter the order
9of record and file it with the sheriff for service in
10accordance with Section 85 of this Act. Filing the petition
11shall commence proceedings for further relief under Section 30
12of this Act. Failure to comply with the requirements of this
13subsection (e) does not affect the validity of the order.
14    (820 ILCS 275/75 new)
15    Sec. 75. Plenary order. The court shall issue a plenary
16workplace protection restraining order if the petitioner has
17served notice of the hearing for that order on the respondent
18in accordance with Section 55 of this Section and establishes
20        (1) the court has jurisdiction under Section 40 of this
21    Act;
22        (2) the requirements of Sections 15 and 21 of this Act
23    are satisfied;
24        (3) a general appearance was made or filed by or for
25    the respondent or process was served on the respondent in



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1    the manner required by Section 50 of this Act; and
2        (4) the respondent has answered or is in default.
3    (820 ILCS 275/80 new)
4    Sec. 80. Employee testimony. In a plenary workplace
5protection restraining order hearing, if the court finds that
6testimony in the courtroom voluntarily offered by the employee
7who has suffered the violence may result in serious emotional
8distress to the employee who has suffered the violence, the
9court may order that the examination of the employee be
10conducted in chambers. Counsel shall be present at the
11examination unless otherwise agreed upon by the parties. The
12court shall cause a court reporter to be present who shall make
13a complete record of the examination instantaneously to be part
14of the record in the case.
15    (820 ILCS 275/85 new)
16    Sec. 85. Duration and extension of orders.
17    (a) Unless reopened or extended or voided by entry of an
18order of greater duration, an emergency order is effective for
19not less than 14 nor more than 21 days.
20    (b) A plenary workplace protection restraining order is
21effective for a fixed period of time not to exceed one year.
22    (820 ILCS 275/90 new)
23    Sec. 90. Contents of orders.



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1    (a) A workplace protection restraining order shall
2describe each remedy granted by the court, in reasonable detail
3and not by reference to any other document, so that the
4respondent may clearly understand what he or she must do or
5refrain from doing.
6    (b) A workplace protection restraining order shall include
7the following:
8        (1) the name of the petitioner;
9        (2) the date and time the workplace protection
10    restraining order was issued, whether it is an emergency or
11    plenary order, and the duration of the order;
12        (3) the date, time, and place for any scheduled hearing
13    for extension of the workplace protection restraining
14    order or for another order of greater duration or scope;
15        (4) for each remedy in an emergency workplace
16    protection restraining order, the reason for entering that
17    remedy without prior notice to the respondent or greater
18    notice than was actually given; and
19        (5) for emergency workplace protection restraining
20    orders, that the respondent may petition the court, in
21    accordance with Section 100, to reopen the order if he or
22    she did not receive actual prior notice of the hearing as
23    required under Section 55 of this Act and if the respondent
24    alleges that he or she had a meritorious defense to the
25    order or that the order or its remedy is not authorized by
26    this Act.



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1    (820 ILCS 275/95 new)
2    Sec. 95. Notice of orders.
3    (a) Upon issuance of a workplace protection restraining
4order, the clerk shall immediately, or on the next court day if
5an emergency order is issued in accordance with subsection (c)
6of Section 70 of this Act:
7        (1) enter the order on the record and file it in
8    accordance with the circuit court procedures; and
9        (2) provide a file stamped copy of the order to the
10    respondent, if present, and to the petitioner.
11    (820 ILCS 275/100 new)
12    Sec. 100. Modification.
13    (a) Except as otherwise provided in this Section, upon
14motion of the petitioner, the court may modify an emergency or
15plenary workplace protection restraining order by altering the
16remedy, subject to Section 25 of this Act.
17    (b) After 30 days following the entry of a plenary
18workplace protection restraining order, a court may modify the
19order only if a change in the applicable law or facts since the
20plenary order was entered warrants a modification of its terms.
21    (c) Upon 2 days' notice to the petitioner, or shorter
22notice as the court may prescribe, a respondent subject to an
23emergency workplace protection restraining order issued under
24this Act may appear and petition the court to rehear the



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1original or amended petition. A petition to rehear shall be
2verified and shall allege that:
3        (1) the respondent did not receive prior notice of the
4    initial hearing in which the emergency workplace
5    protection restraining order was entered under Sections 55
6    and 70 of this Act; and
7        (2) the respondent had a meritorious defense to the
8    order or any of its remedies or the order or any of its
9    remedies was not authorized by this Act.
10    (820 ILCS 275/105 new)
11    Sec. 105. Enforcement. The court may enforce workplace
12protection restraining orders through civil contempt
14    (820 ILCS 275/110 new)
15    Sec. 110. Employment discrimination. An employer seeking
16or obtaining a workplace protection restraining order shall
17comply with any federal or State law to which it is subject,
18including any provision under the Victims' Economic Security
19and Safety Act and the Illinois Human Rights Act, regarding
20employee protections and the rights of the employee who has
21suffered the violence.
22    (820 ILCS 275/115 new)
23    Sec. 115. Effect on other laws and employment benefits.



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1    (a) Nothing in this Act shall be construed to supersede any
2provision of any federal, State, or local law, collective
3bargaining agreement, or employment benefits program or plan
4that provides employment protections for employees, including
5any provision under the Victims' Economic Security and Safety
6Act and the Illinois Human Rights Act.
7    (b) No workplace protection restraining order may prohibit
8or otherwise interfere with lawful activities under the
9National Labor Relations Act, the Illinois Public Labor
10Relations Act, the Illinois Educational Labor Relations Act, or
11any lawful activity related to a labor organization's efforts
12to represent employees, engage in collective bargaining, or
13undertake economic action.
14    (c) Any other claims under the Victims' Economic Security
15and Safety Act against the employer may be heard as part of a
16civil action under this Act.
17    (820 ILCS 275/120 new)
18    Sec. 120. Exemptions.
19    (a) The court may not enter a workplace protection
20restraining order that enjoins the following activities:
21        (1) lawful monitoring of compliance with workplace
22    safety laws, wage and hour requirements, or other statutory
23    workplace requirements;
24        (2) lawful picketing, patrolling, using a banner, or
25    other lawful protesting at the workplace which arises out



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1    of a bona fide labor dispute; and
2        (3) engaging in concerted and protected activities as
3    defined in applicable labor law.
4    (b) As used in this Section, "bona fide labor dispute"
5means any activity recognized as a labor dispute by the
6National Labor Relations Act, the Illinois Public Labor
7Relations Act, or the Illinois Educational Labor Relations Act,
8and includes a controversy concerning: wages salaries, hours,
9working conditions, or benefits, including health and welfare,
10sick leave, insurance, and pension or retirement provisions;
11the terms to be included in collective bargaining agreements;
12and the making, maintaining, administering, and filling of
13protests or grievances under a collective bargaining
15    (820 ILCS 275/125 new)
16    Sec. 125. Confidentiality and privacy. The employer shall
17keep all information relating to a workplace protection
18restraining order in the strictest confidence, limiting
19information only to those employees who have a current
20demonstrable interest related to the safety of the employee who
21has suffered the violence.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".