Illinois General Assembly - Full Text of HB4850
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Full Text of HB4850  102nd General Assembly

HB4850 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4850

 

Introduced 1/27/2022, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 82/5
740 ILCS 82/11 new
740 ILCS 82/20
740 ILCS 82/25 new

    Amends "An Act in relation to violence against women", approved August 5, 2003, Public Act 93-416, by adding clauses to the preamble. Amends the Gender Violence Act. Includes domestic violence in the definition of "gender-related violence". Provides that an employer shall be liable for gender-related violence committed by an employee or nonemployee if the employer, through the employer's acts or omissions, engages in: (1) encouraging or assisting in the commission of the gender-related violence by failing to supervise, train, or monitor an employee or nonemployee; (2) having prior knowledge of an employee's or nonemployee's propensity for engaging in similar conduct but failing to take remedial measures; (3) failing to investigate complaints or reports of similar conduct by an employee or nonemployee; or (4) otherwise failing to investigate or take remedial measures in response to complaints or reports of similar conduct by an employee or nonemployee. Requires an action based on gender-related violence relating to domestic violence to be commenced within 7 years after the cause of action accrued or, in a case where the person was a minor at the time the cause of action accrued, within 7 years of the person reaching the age of 18. Provides that no person has the power to waive any provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement.


LRB102 25953 LNS 35335 b

 

 

A BILL FOR

 

HB4850LRB102 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 1. "An Act in relation to violence against women",
5approved August 5, 2003, Public Act 93-416, is amended by
6changing the preamble as follows:
 
7    WHEREAS, Recent national studies demonstrate that women in
8the United States continue to be greatly harmed by
9gender-related violence such as domestic violence, which is
10disproportionately visited upon women by men, and sexual
11abuse, which harms many women and children without being
12reported or prosecuted; and
 
13    WHEREAS, It is documented that existing State and federal
14laws have not provided adequate remedies to women survivors of
15domestic violence and sexual abuse; and
 
16    WHEREAS, Women survivors of domestic violence oftentimes
17have found laws against domestic violence used against them by
18their batterers; and
 
19    WHEREAS, The United States Supreme Court has ruled that
20the states alone have the authority to grant civil relief to

 

 

HB4850- 2 -LRB102 25953 LNS 35335 b

1the survivors of such sexually discriminatory violence; and
 
2    WHEREAS, Such acts of gender-related violence are a form
3of sex discrimination; and therefore
 
4    WHEREAS, Notwithstanding the intention of the General
5Assembly when it passed the Gender Violence Act in 2003,
6courts have not uniformly applied the Gender Violence Act to
7prohibit domestic violence; and
 
8    WHEREAS, It was the intention of the General Assembly when
9it passed the Gender Violence Act in 2003 that employers be
10held liable, based on their acts or omissions, for
11gender-motivated violence committed by their employees and
12non-employees; and
 
13    WHEREAS, Notwithstanding the intention of the General
14Assembly when it passed the Gender Violence Act in 2003,
15courts have not uniformly applied the Gender Violence Act to
16provide for employer liability; therefore
 
17    Section 5. The Gender Violence Act is amended by adding
18Sections 5, 11, and 20 and by adding Section 25 as follows:
 
19    (740 ILCS 82/5)
20    Sec. 5. Definition. In this Act, "gender-related

 

 

HB4850- 3 -LRB102 25953 LNS 35335 b

1violence", which is a form of sex discrimination, means the
2following:
3        (1) One or more acts of violence or physical
4    aggression satisfying the elements of battery under the
5    laws of Illinois that are committed, at least in part, on
6    the basis of a person's sex, whether or not those acts have
7    resulted in criminal charges, prosecution, or conviction.
8        (2) A physical intrusion or physical invasion of a
9    sexual nature under coercive conditions satisfying the
10    elements of battery under the laws of Illinois, whether or
11    not the act or acts resulted in criminal charges,
12    prosecution, or conviction.
13        (2.5) Domestic violence, as defined in the Victims'
14    Economic Security and Safety Act.
15        (3) A threat of an act described in item (1), or (2),
16    or (2.5) causing a realistic apprehension that the
17    originator of the threat will commit the act.
18(Source: P.A. 93-416, eff. 1-1-04.)
 
19    (740 ILCS 82/11 new)
20    Sec. 11. Employer liability.
21    (a) An employer shall be liable for gender-related
22violence committed by an employee or nonemployee if the
23employer, through the employer's acts or omissions, engages
24in:
25        (1) encouraging or assisting in the commission of the

 

 

HB4850- 4 -LRB102 25953 LNS 35335 b

1    gender-related violence by failing to supervise, train, or
2    monitor an employee or nonemployee;
3        (2) having prior knowledge of an employee's or
4    nonemployee's propensity for engaging in similar conduct
5    but failing to take remedial measures;
6        (3) failing to investigate complaints or reports of
7    similar conduct by an employee or nonemployee; or
8        (4) otherwise failing to investigate or take remedial
9    measures in response to complaints or reports of similar
10    conduct by an employee or nonemployee.
11    (b) As used in this Section:
12    "Employee" and "employer" have the same meaning as used in
13Section 2-101 of the Illinois Human Rights Act.
14    "Nonemployee" has the same meaning as used in Section
152-102 of the Illinois Human Rights Act.
 
16    (740 ILCS 82/20)
17    Sec. 20. Limitation. An action based on gender-related
18violence as defined in paragraph (1), or (2), or (2.5) of
19Section 5 must be commenced within 7 years after the cause of
20action accrued, except that if the person entitled to bring
21the action was a minor at the time the cause of action accrued,
22the action must be commenced within 7 years after the person
23reaches the age of 18. An action based on gender-related
24violence as defined in paragraph (3) of Section 5 must be
25commenced within 2 years after the cause of action accrued,

 

 

HB4850- 5 -LRB102 25953 LNS 35335 b

1except that if the person entitled to bring the action was a
2minor at the time the cause of action accrued, the action must
3be commenced within 2 years after the person reaches the age of
418.
5(Source: P.A. 93-416, eff. 1-1-04.)
 
6    (740 ILCS 82/25 new)
7    Sec. 25. No waiver. No person shall have the power to waive
8any of the provisions of this Act as part of a dissolution of
9marriage agreement, civil union, domestic partnership, or
10custody agreement. Any such purported waiver is considered
11against public policy, void, and severable from an otherwise
12valid and enforceable agreement.