Full Text of HB1363 103rd General Assembly
HB1363ham002 103RD GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 3/15/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1363
| 2 | | AMENDMENT NO. ______. Amend House Bill 1363, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Gender Violence Act is amended by changing | 6 | | Sections 5 and 20 and by adding Section 11 as follows:
| 7 | | (740 ILCS 82/5)
| 8 | | Sec. 5. Definitions Definition . In this Act : ,
| 9 | | "Employee" has the meaning provided in Section 2-101 of | 10 | | the Illinois Human Rights Act. | 11 | | "Employer" has the meaning provided in Section 2-101 of | 12 | | the Illinois Human Rights Act. | 13 | | " Gender-related gender-related violence", which is a form | 14 | | of sex
discrimination, means the following:
| 15 | | (1) One or more acts of violence or physical
| 16 | | aggression satisfying the elements of battery under the
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| 1 | | laws of Illinois that are committed, at least in part, on
| 2 | | the basis of a person's sex,
whether or not those acts have | 3 | | resulted in
criminal
charges, prosecution, or conviction.
| 4 | | (2) A physical intrusion or physical invasion of a
| 5 | | sexual nature under coercive conditions satisfying the
| 6 | | elements of battery under the laws of Illinois, whether
or | 7 | | not the act or acts resulted in criminal charges,
| 8 | | prosecution, or conviction.
| 9 | | (2.5) Domestic violence, as defined in the Victims' | 10 | | Economic Security and Safety Act.
| 11 | | (3) A threat of an act described in item (1) , or
(2) , | 12 | | or (2.5) causing a realistic apprehension that the | 13 | | originator
of the threat will commit the act.
| 14 | | "Workplace" means the employer's premises, including any | 15 | | building, real property, and parking area under the control of | 16 | | the employer, or any location used by an employee while in the | 17 | | performance of the employee's job duties. "Workplace" includes | 18 | | activities occurring off-premises at employer-sponsored events | 19 | | where an employee is not performing the employee's job duties. | 20 | | (Source: P.A. 93-416, eff. 1-1-04.)
| 21 | | (740 ILCS 82/11 new) | 22 | | Sec. 11. Employer liability for an employee or agent. | 23 | | (a) An employer is only liable for gender-related violence | 24 | | committed in the workplace by an employee or agent of the | 25 | | employer when the interaction giving rise to the |
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| 1 | | gender-related violence arises out of and in the course of | 2 | | employment with the employer. Liability only extends to | 3 | | gender-related violence that occurs: (i) while the employee | 4 | | was directly performing the employee's job duties and the | 5 | | performance of the job duties was the proximate cause of the | 6 | | injury; or (ii) while the agent of the employer was directly | 7 | | involved in the performance of the contracted work and the | 8 | | performance of the contracted work was the proximate cause of | 9 | | the injury. Proximate cause exists when the actions of the | 10 | | employee or the agent of the employer were a substantial | 11 | | factor in causing the injury. | 12 | | An employer is liable if the employer has acted in a manner | 13 | | inconsistent with how a reasonable person would act under | 14 | | similar circumstances. | 15 | | (b) An employer is liable for gender-related violence if | 16 | | the employer: | 17 | | (1) failed to supervise, train, or monitor the | 18 | | employee who engaged in the gender-related violence. An | 19 | | employer providing training pursuant to Section 2-109 of | 20 | | the Illinois Human Rights Act shall have an affirmative | 21 | | defense that adequate training was provided to the | 22 | | employee; or | 23 | | (2) failed to investigate complaints or reports | 24 | | directly provided to a supervisor, manager, owner, or | 25 | | another person designated by the employer of similar | 26 | | conduct by an employee or agent of the employer and the |
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| 1 | | employer failed to take remedial measures in response to | 2 | | the complaints or reports. | 3 | | (c) Nothing in this Act precludes a person who has been the | 4 | | victim of gender-related violence from pursuing any other | 5 | | right or cause of action created by statute or common law.
| 6 | | (740 ILCS 82/20)
| 7 | | Sec. 20. Limitation. An action by an individual based on | 8 | | gender-related violence as
defined
in
paragraph (1) , or (2) , | 9 | | or (2.5) of Section 5 must be commenced within 7 years after | 10 | | the
cause of
action accrued, except that if the person | 11 | | entitled to bring the action was a
minor at the
time the cause | 12 | | of action accrued, the action must be commenced within 7 years
| 13 | | after the
person reaches the age of 18. An action based on | 14 | | gender-related violence as
defined in
paragraph (3) of Section | 15 | | 5 must be commenced within 2 years after the cause of
action
| 16 | | accrued, except that if the person entitled to bring the | 17 | | action was a minor at
the time the
cause of action accrued, the | 18 | | action must be commenced within 2 years after the
person
| 19 | | reaches the age of 18. An action against an employer pursuant | 20 | | to Section 11 must be commenced within 4 years after the cause | 21 | | of action accrued, except that if the person entitled to bring | 22 | | the action was a minor at the time the cause of action accrued, | 23 | | the action must be commenced within 4 years after the person | 24 | | reaches the age of 18.
| 25 | | (Source: P.A. 93-416, eff. 1-1-04.)".
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