Illinois 2023-2024 Regular Session

Illinois House Bill HB1363 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0282
2	1		HB1363 EnrolledLRB103 25675 LNS 52024 b HB1363 Enrolled LRB103 25675 LNS 52024 b
3	2		HB1363 Enrolled LRB103 25675 LNS 52024 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Gender Violence Act is amended by changing
8		-	Sections 5 and 20 and by adding Section 11 as follows:
9		-	(740 ILCS 82/5)
10		-	Sec. 5. Definitions Definition. In this Act: ,
11		-	"Employee" has the meaning provided in Section 2-101 of
12		-	the Illinois Human Rights Act.
13		-	"Employer" has the meaning provided in Section 2-101 of
14		-	the Illinois Human Rights Act.
15		-	"Gender-related gender-related violence", which is a form
16		-	of sex discrimination, means the following:
17		-	(1) One or more acts of violence or physical
18		-	aggression satisfying the elements of battery under the
19		-	laws of Illinois that are committed, at least in part, on
20		-	the basis of a person's sex, whether or not those acts have
21		-	resulted in criminal charges, prosecution, or conviction.
22		-	(2) A physical intrusion or physical invasion of a
23		-	sexual nature under coercive conditions satisfying the
24		-	elements of battery under the laws of Illinois, whether or
25		-	not the act or acts resulted in criminal charges,
26		-	prosecution, or conviction.
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Gender Violence Act is amended by changing
	7	+	5 Sections 5 and 20 and by adding Section 11 as follows:
	8	+	6 (740 ILCS 82/5)
	9	+	7 Sec. 5. Definitions Definition. In this Act: ,
	10	+	8 "Employee" has the meaning provided in Section 2-101 of
	11	+	9 the Illinois Human Rights Act.
	12	+	10 "Employer" has the meaning provided in Section 2-101 of
	13	+	11 the Illinois Human Rights Act.
	14	+	12 "Gender-related gender-related violence", which is a form
	15	+	13 of sex discrimination, means the following:
	16	+	14 (1) One or more acts of violence or physical
	17	+	15 aggression satisfying the elements of battery under the
	18	+	16 laws of Illinois that are committed, at least in part, on
	19	+	17 the basis of a person's sex, whether or not those acts have
	20	+	18 resulted in criminal charges, prosecution, or conviction.
	21	+	19 (2) A physical intrusion or physical invasion of a
	22	+	20 sexual nature under coercive conditions satisfying the
	23	+	21 elements of battery under the laws of Illinois, whether or
	24	+	22 not the act or acts resulted in criminal charges,
	25	+	23 prosecution, or conviction.
27	26
28	27
29	28
30	29		HB1363 Enrolled LRB103 25675 LNS 52024 b
31	30
32	31
33		-	(2.5) Domestic violence, as defined in the Victims'
34		-	Economic Security and Safety Act.
35		-	(3) A threat of an act described in item (1), or (2),
36		-	or (2.5) causing a realistic apprehension that the
37		-	originator of the threat will commit the act.
38		-	"Workplace" means the employer's premises, including any
39		-	building, real property, and parking area under the control of
40		-	the employer, or any location used by an employee while in the
41		-	performance of the employee's job duties. "Workplace" includes
42		-	activities occurring off-premises at employer-sponsored events
43		-	where an employee is not performing the employee's job duties.
44		-	(Source: P.A. 93-416, eff. 1-1-04.)
45		-	(740 ILCS 82/11 new)
46		-	Sec. 11. Employer liability for an employee or agent.
47		-	(a) An employer is only liable for gender-related violence
48		-	committed in the workplace by an employee or agent of the
49		-	employer when the interaction giving rise to the
50		-	gender-related violence arises out of and in the course of
51		-	employment with the employer. Liability only extends to
52		-	gender-related violence that occurs: (i) while the employee
53		-	was directly performing the employee's job duties and the
54		-	gender-related violence was the proximate cause of the injury;
55		-	or (ii) while the agent of the employer was directly involved
56		-	in the gender-related violence and the performance of the
57		-	contracted work was the proximate cause of the injury.
	32	+	HB1363 Enrolled- 2 -LRB103 25675 LNS 52024 b HB1363 Enrolled - 2 - LRB103 25675 LNS 52024 b
	33	+	HB1363 Enrolled - 2 - LRB103 25675 LNS 52024 b
	34	+	1 (2.5) Domestic violence, as defined in the Victims'
	35	+	2 Economic Security and Safety Act.
	36	+	3 (3) A threat of an act described in item (1), or (2),
	37	+	4 or (2.5) causing a realistic apprehension that the
	38	+	5 originator of the threat will commit the act.
	39	+	6 "Workplace" means the employer's premises, including any
	40	+	7 building, real property, and parking area under the control of
	41	+	8 the employer, or any location used by an employee while in the
	42	+	9 performance of the employee's job duties. "Workplace" includes
	43	+	10 activities occurring off-premises at employer-sponsored events
	44	+	11 where an employee is not performing the employee's job duties.
	45	+	12 (Source: P.A. 93-416, eff. 1-1-04.)
	46	+	13 (740 ILCS 82/11 new)
	47	+	14 Sec. 11. Employer liability for an employee or agent.
	48	+	15 (a) An employer is only liable for gender-related violence
	49	+	16 committed in the workplace by an employee or agent of the
	50	+	17 employer when the interaction giving rise to the
	51	+	18 gender-related violence arises out of and in the course of
	52	+	19 employment with the employer. Liability only extends to
	53	+	20 gender-related violence that occurs: (i) while the employee
	54	+	21 was directly performing the employee's job duties and the
	55	+	22 gender-related violence was the proximate cause of the injury;
	56	+	23 or (ii) while the agent of the employer was directly involved
	57	+	24 in the gender-related violence and the performance of the
	58	+	25 contracted work was the proximate cause of the injury.
58	59
59	60
60		-	Proximate cause exists when the actions of the employee or the
61		-	agent of the employer were a substantial factor in causing the
62		-	injury.
63		-	An employer is liable if the employer has acted in a manner
64		-	inconsistent with how a reasonable person would act under
65		-	similar circumstances.
66		-	(b) Notwithstanding subsection (a), an employer is only
67		-	liable for gender-related violence if the employer:
68		-	(1) failed to supervise, train, or monitor the
69		-	employee who engaged in the gender-related violence. An
70		-	employer providing training pursuant to Section 2-109 of
71		-	the Illinois Human Rights Act shall have an affirmative
72		-	defense that adequate training was provided to the
73		-	employee; or
74		-	(2) failed to investigate complaints or reports
75		-	directly provided to a supervisor, manager, owner, or
76		-	another person designated by the employer of similar
77		-	conduct by an employee or agent of the employer and the
78		-	employer failed to take remedial measures in response to
79		-	the complaints or reports.
80		-	(c) Nothing in this Act precludes a person who has been the
81		-	victim of gender-related violence from pursuing any other
82		-	right or cause of action created by statute or common law.
83		-	(740 ILCS 82/20)
84		-	Sec. 20. Limitation. An action by an individual based on
85	61
86	62
87		-	gender-related violence as defined in paragraph (1), or (2),
88		-	or (2.5) of Section 5 must be commenced within 7 years after
89		-	the cause of action accrued, except that if the person
90		-	entitled to bring the action was a minor at the time the cause
91		-	of action accrued, the action must be commenced within 7 years
92		-	after the person reaches the age of 18. An action based on
93		-	gender-related violence as defined in paragraph (3) of Section
94		-	5 must be commenced within 2 years after the cause of action
95		-	accrued, except that if the person entitled to bring the
96		-	action was a minor at the time the cause of action accrued, the
97		-	action must be commenced within 2 years after the person
98		-	reaches the age of 18. An action against an employer pursuant
99		-	to Section 11 must be commenced within 4 years after the cause
100		-	of action accrued, except that if the person entitled to bring
101		-	the action was a minor at the time the cause of action accrued,
102		-	the action must be commenced within 4 years after the person
103		-	reaches the age of 18.
104		-	(Source: P.A. 93-416, eff. 1-1-04.)
	63	+
	64	+	HB1363 Enrolled - 2 - LRB103 25675 LNS 52024 b
	65	+
	66	+
	67	+	HB1363 Enrolled- 3 -LRB103 25675 LNS 52024 b HB1363 Enrolled - 3 - LRB103 25675 LNS 52024 b
	68	+	HB1363 Enrolled - 3 - LRB103 25675 LNS 52024 b
	69	+	1 Proximate cause exists when the actions of the employee or the
	70	+	2 agent of the employer were a substantial factor in causing the
	71	+	3 injury.
	72	+	4 An employer is liable if the employer has acted in a manner
	73	+	5 inconsistent with how a reasonable person would act under
	74	+	6 similar circumstances.
	75	+	7 (b) Notwithstanding subsection (a), an employer is only
	76	+	8 liable for gender-related violence if the employer:
	77	+	9 (1) failed to supervise, train, or monitor the
	78	+	10 employee who engaged in the gender-related violence. An
	79	+	11 employer providing training pursuant to Section 2-109 of
	80	+	12 the Illinois Human Rights Act shall have an affirmative
	81	+	13 defense that adequate training was provided to the
	82	+	14 employee; or
	83	+	15 (2) failed to investigate complaints or reports
	84	+	16 directly provided to a supervisor, manager, owner, or
	85	+	17 another person designated by the employer of similar
	86	+	18 conduct by an employee or agent of the employer and the
	87	+	19 employer failed to take remedial measures in response to
	88	+	20 the complaints or reports.
	89	+	21 (c) Nothing in this Act precludes a person who has been the
	90	+	22 victim of gender-related violence from pursuing any other
	91	+	23 right or cause of action created by statute or common law.
	92	+	24 (740 ILCS 82/20)
	93	+	25 Sec. 20. Limitation. An action by an individual based on
	94	+
	95	+
	96	+
	97	+
	98	+
	99	+	HB1363 Enrolled - 3 - LRB103 25675 LNS 52024 b
	100	+
	101	+
	102	+	HB1363 Enrolled- 4 -LRB103 25675 LNS 52024 b HB1363 Enrolled - 4 - LRB103 25675 LNS 52024 b
	103	+	HB1363 Enrolled - 4 - LRB103 25675 LNS 52024 b
	104	+	1 gender-related violence as defined in paragraph (1), or (2),
	105	+	2 or (2.5) of Section 5 must be commenced within 7 years after
	106	+	3 the cause of action accrued, except that if the person
	107	+	4 entitled to bring the action was a minor at the time the cause
	108	+	5 of action accrued, the action must be commenced within 7 years
	109	+	6 after the person reaches the age of 18. An action based on
	110	+	7 gender-related violence as defined in paragraph (3) of Section
	111	+	8 5 must be commenced within 2 years after the cause of action
	112	+	9 accrued, except that if the person entitled to bring the
	113	+	10 action was a minor at the time the cause of action accrued, the
	114	+	11 action must be commenced within 2 years after the person
	115	+	12 reaches the age of 18. An action against an employer pursuant
	116	+	13 to Section 11 must be commenced within 4 years after the cause
	117	+	14 of action accrued, except that if the person entitled to bring
	118	+	15 the action was a minor at the time the cause of action accrued,
	119	+	16 the action must be commenced within 4 years after the person
	120	+	17 reaches the age of 18.
	121	+	18 (Source: P.A. 93-416, eff. 1-1-04.)
	122	+
	123	+
	124	+
	125	+
	126	+
	127	+	HB1363 Enrolled - 4 - LRB103 25675 LNS 52024 b