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

HB4850ham002 102ND GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 3/1/2022

 

 


 

 


 
10200HB4850ham002LRB102 25953 LNS 37236 a

1
AMENDMENT TO HOUSE BILL 4850

2    AMENDMENT NO. ______. Amend House Bill 4850 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

 

 

10200HB4850ham002- 2 -LRB102 25953 LNS 37236 a

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 Illinois
9    Domestic Violence Act of 1986.
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    "Work environment" means the employee's workplace and
14employer's premises, including any building, real property,
15and parking area under the control of the employer, or any
16other location while used for an employer-sanctioned purpose.
17    "Workplace" means where an employee or agent of the
18employer completes the work the employee or agent was hired to
19perform or tasks incidental to the employee's or agent's
20employment.
21(Source: P.A. 93-416, eff. 1-1-04.)
 
22    (740 ILCS 82/11 new)
23    Sec. 11. Employer liability for an employee or agent. An
24employer shall only be liable for gender-related violence
25committed in the work environment by an employee or agent of

 

 

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1the employer. An employer shall be liable for gender-related
2violence if the employer:
3        (1) failed to supervise, train, or monitor the
4    employee who engaged in the gender-related violence; or
5        (2) failed to investigate complaints or reports
6    directly provided to a supervisor, manager, owner, or
7    another person designated by the employer of similar
8    conduct by an employee or agent of the employer and the
9    employer failed to take remedial measures in response to
10    the complaints or reports.
 
11    (740 ILCS 82/20)
12    Sec. 20. Limitation. An action by an individual based on
13gender-related violence as defined in paragraph (1), or (2),
14or (2.5) of Section 5 or under Section 11 must be commenced
15within 7 years after the cause of action accrued, except that
16if the person entitled to bring the action was a minor at the
17time the cause of action accrued, the action must be commenced
18within 7 years after the person reaches the age of 18. An
19action based on gender-related violence as defined in
20paragraph (3) of Section 5 must be commenced within 2 years
21after the cause of action accrued, except that if the person
22entitled to bring the action was a minor at the time the cause
23of action accrued, the action must be commenced within 2 years
24after the person reaches the age of 18.
25(Source: P.A. 93-416, eff. 1-1-04.)
 

 

 

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1    (740 ILCS 82/25 new)
2    Sec. 25. No waiver. No person shall have the power to waive
3any of the provisions of this Act as part of a dissolution of
4marriage agreement, civil union, domestic partnership, or
5custody agreement. Any such purported waiver is considered
6against public policy, void, and severable from an otherwise
7valid and enforceable agreement.".