Full Text of HB1605 103rd General Assembly
HB1605eng 103RD GENERAL ASSEMBLY | | | HB1605 Engrossed | | LRB103 27227 LNS 53597 b |
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| 1 | | AN ACT concerning civil law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Gender Violence Act is amended by changing | 5 | | Section 5 as follows: | 6 | | (740 ILCS 82/5) | 7 | | Sec. 5. Definitions. In this Act: | 8 | | "Employee" has the meaning provided in Section 2-101 of | 9 | | the Illinois Human Rights Act. | 10 | | "Employer" has the meaning provided in Section 2-101 of | 11 | | the Illinois Human Rights Act. | 12 | | "Gender-related violence", which is a form of sex | 13 | | 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 | 17 | | the basis of a person's sex, whether or not those acts have | 18 | | resulted in criminal charges, prosecution, or conviction. | 19 | | (2) A physical intrusion or physical invasion of a | 20 | | sexual nature under coercive conditions satisfying the | 21 | | elements of battery under the laws of Illinois, whether or | 22 | | not the act or acts resulted in criminal charges, | 23 | | prosecution, or conviction. |
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| 1 | | (2.1) Sexual contact between a sexual organ of one | 2 | | person and the intimate part of another person if, before | 3 | | sexual contact, both persons understood and agreed that a | 4 | | sexually protective device would be used, and the | 5 | | defendant removed the sexually protective device without | 6 | | consent of the plaintiff, and they engaged or continued to | 7 | | engage in sexual contact after removal. | 8 | | (2.2) Sexual contact between a sexual organ of one | 9 | | person and the intimate part of another person if, before | 10 | | sexual contact, both persons understood and agreed that a | 11 | | sexually protective device would be used, and they engaged | 12 | | or continued to engage in sexual contact after the | 13 | | defendant knew or became aware that the sexually | 14 | | protective device had been unintentionally removed but did | 15 | | not obtain consent from the plaintiff to engage or | 16 | | continue engaging in sexual contact without the use of a | 17 | | sexually protective device. | 18 | | (2.5) Domestic violence, as defined in the Victims' | 19 | | Economic Security and Safety Act. | 20 | | (3) A threat of an act described in item (1), (2), or | 21 | | (2.5) causing a realistic apprehension that the originator | 22 | | of the threat will commit the act. | 23 | | "Sexually protective device" means an internal or external | 24 | | condom, spermicide, diaphragm, cervical cap, contraceptive | 25 | | sponge, dental dam, or any other physical barrier device | 26 | | intended to prevent pregnancy or sexually transmitted |
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| 1 | | infection. "Sexually protective device" does not include an | 2 | | intrauterine device or any hormonal birth control method. | 3 | | "Workplace" means the employer's premises, including any | 4 | | building, real property, and parking area under the control of | 5 | | the employer, or any location used by an employee while in the | 6 | | performance of the employee's job duties. "Workplace" includes | 7 | | activities occurring off-premises at employer-sponsored events | 8 | | where an employee is not performing the employee's job duties. | 9 | | (Source: P.A. 103-282, eff. 1-1-24 .) |
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