Full Text of HB2590 98th General Assembly
HB2590enr 98TH GENERAL ASSEMBLY |
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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 1. Short title. This Act may be cited as the | 5 | | Workplace Violence Prevention Act. | 6 | | Section 5. Purpose. This Act is intended to assist | 7 | | employers in protecting its workforce, customers, guests and | 8 | | property by limiting access to workplace venues by potentially | 9 | | violent individuals.
| 10 | | Section 10. Definitions. As used in this Act: | 11 | | "Credible threat of violence" means a statement or course | 12 | | of conduct that does not serve a legitimate purpose and that | 13 | | causes a reasonable person to fear for the person's safety or | 14 | | for the safety of the person's immediate family. | 15 | | "Employee" means: | 16 | | (1) a person employed or permitted to work or perform a | 17 | | service for remuneration; | 18 | | (2) a member of a board of directors of any | 19 | | organization; | 20 | | (3) an elected or appointed public officer; and | 21 | | (4) a volunteer, independent contractor, agency | 22 | | worker, or any other person who performs services for an |
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| 1 | | employer at the employer's place of work. | 2 | | "Employer" means an individual, partnership, association, | 3 | | limited liability company, corporation, business trust, the | 4 | | State, a governmental agency, or a political subdivision that | 5 | | has at least 5 employees during any work week. | 6 | | "Unlawful violence" means any act of violence, harassment, | 7 | | or stalking as defined by the laws of this State. | 8 | | Section 15. Employer's right to order of protection. An | 9 | | employer may seek an order of protection to prohibit further | 10 | | violence or threats of violence by a person if: | 11 | | (1) the employee has suffered unlawful violence or a | 12 | | credible threat of violence from the person; and | 13 | | (2) the unlawful violence has been carried out at the | 14 | | employee's place of work or the credible threat of violence | 15 | | can reasonably be constructed to be carried out at the | 16 | | employee's place of work by the person. | 17 | | Section 20. Irreparable harm. An employer may obtain an | 18 | | order of protection under the Illinois Domestic Violence Act of | 19 | | 1986 if the employer: | 20 | | (1) files an affidavit that shows, to the satisfaction | 21 | | of the court, reasonable proof that an employee has | 22 | | suffered either unlawful violence or a credible threat of | 23 | | violence by the defendant; and | 24 | | (2) demonstrates that great or irreparable harm has |
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| 1 | | been suffered, will be suffered, or is likely to be | 2 | | suffered by the employee. | 3 | | Section 25. Remedies. Employer remedies under this Act are | 4 | | limited to an order of protection. Nothing in this Act, | 5 | | however, waives, reduces, or diminishes any other remedy | 6 | | available to an employer under any other mechanism. | 7 | | Section 30. Jurisdiction; venue; procedure; enforcement. | 8 | | Issues of jurisdiction, venue, procedure, and enforcement | 9 | | shall be governed by the Illinois Domestic Violence Act of | 10 | | 1986. | 11 | | Section 35. Law enforcement responsibilities. Law | 12 | | enforcement personnel shall have the same responsibilities | 13 | | under this Act as are provided in Article 3 of the Illinois | 14 | | Domestic Violence Act of 1986.
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