Illinois 2023-2024 Regular Session

Illinois House Bill HB2836 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2836 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: New Act Creates the Right to Speak Your Truth Act. Prohibits a person accused of sexual misconduct, sexual abuse, sexual assault, and sexual harassment from using a defamation action to silence, or retaliate against, the accusing person, staff, or third party reporting the forms of sexual misconduct, sexual abuse, sexual assault, and sexual harassment. Provides that defamation claims, where an accuser is publicly named by a person, staff, or third person reporting alleged sexual misconduct, sexual abuse, sexual assault, or sexual harassment, shall be reserved for cases where cited documentation and evidence can establish within the initial court filing one or more of the following: (1) the claimed act in the reported accusation was a factual impossibility for the accused to have perpetrated; (2) the accuser has been impeached in a courtroom proceeding regarding the same alleged facts as in the present reported accusation; (3) the accuser has publicly made contrary statements involving relevant, material facts regarding the present reported incident; or (4) the accuser has publicly stated that the present reported incident did not occur. LRB103 27309 LNS 53680 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2836 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: New Act New Act Creates the Right to Speak Your Truth Act. Prohibits a person accused of sexual misconduct, sexual abuse, sexual assault, and sexual harassment from using a defamation action to silence, or retaliate against, the accusing person, staff, or third party reporting the forms of sexual misconduct, sexual abuse, sexual assault, and sexual harassment. Provides that defamation claims, where an accuser is publicly named by a person, staff, or third person reporting alleged sexual misconduct, sexual abuse, sexual assault, or sexual harassment, shall be reserved for cases where cited documentation and evidence can establish within the initial court filing one or more of the following: (1) the claimed act in the reported accusation was a factual impossibility for the accused to have perpetrated; (2) the accuser has been impeached in a courtroom proceeding regarding the same alleged facts as in the present reported accusation; (3) the accuser has publicly made contrary statements involving relevant, material facts regarding the present reported incident; or (4) the accuser has publicly stated that the present reported incident did not occur. LRB103 27309 LNS 53680 b LRB103 27309 LNS 53680 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2836 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Right to Speak Your Truth Act. Prohibits a person accused of sexual misconduct, sexual abuse, sexual assault, and sexual harassment from using a defamation action to silence, or retaliate against, the accusing person, staff, or third party reporting the forms of sexual misconduct, sexual abuse, sexual assault, and sexual harassment. Provides that defamation claims, where an accuser is publicly named by a person, staff, or third person reporting alleged sexual misconduct, sexual abuse, sexual assault, or sexual harassment, shall be reserved for cases where cited documentation and evidence can establish within the initial court filing one or more of the following: (1) the claimed act in the reported accusation was a factual impossibility for the accused to have perpetrated; (2) the accuser has been impeached in a courtroom proceeding regarding the same alleged facts as in the present reported accusation; (3) the accuser has publicly made contrary statements involving relevant, material facts regarding the present reported incident; or (4) the accuser has publicly stated that the present reported incident did not occur.
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8	8	A BILL FOR
9	9	HB2836LRB103 27309 LNS 53680 b HB2836 LRB103 27309 LNS 53680 b
10	10	HB2836 LRB103 27309 LNS 53680 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Right
15	15	5 to Speak Your Truth Act.
16	16	6 Section 5. Definition. As used in this Act, "report" or
17	17	7 "reporting" includes disclosures to authorities, human
18	18	8 resources, speaking to the press, publishing on social media,
19	19	9 or telling another person.
20	20	10 Section 10. Defamation action prohibited. A person accused
21	21	11 of sexual misconduct, sexual abuse, sexual assault, and sexual
22	22	12 harassment shall not use a defamation action to silence, or
23	23	13 retaliate against, the accusing person, staff, or third party
24	24	14 reporting the forms of sexual misconduct, sexual abuse, sexual
25	25	15 assault, and sexual harassment, including cases where the
26	26	16 alleged perpetrator is publicly named.
27	27	17 Section 15. Defamation claims allowed. Defamation claims,
28	28	18 where an accuser is publicly named by a person, staff, or third
29	29	19 person reporting alleged sexual misconduct, sexual abuse,
30	30	20 sexual assault, or sexual harassment, shall be reserved for
31	31	21 cases where cited documentation and evidence can establish
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35	35	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2836 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
36	36	New Act New Act
37	37	New Act
38	38	Creates the Right to Speak Your Truth Act. Prohibits a person accused of sexual misconduct, sexual abuse, sexual assault, and sexual harassment from using a defamation action to silence, or retaliate against, the accusing person, staff, or third party reporting the forms of sexual misconduct, sexual abuse, sexual assault, and sexual harassment. Provides that defamation claims, where an accuser is publicly named by a person, staff, or third person reporting alleged sexual misconduct, sexual abuse, sexual assault, or sexual harassment, shall be reserved for cases where cited documentation and evidence can establish within the initial court filing one or more of the following: (1) the claimed act in the reported accusation was a factual impossibility for the accused to have perpetrated; (2) the accuser has been impeached in a courtroom proceeding regarding the same alleged facts as in the present reported accusation; (3) the accuser has publicly made contrary statements involving relevant, material facts regarding the present reported incident; or (4) the accuser has publicly stated that the present reported incident did not occur.
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40	40	LRB103 27309 LNS 53680 b
41	41	A BILL FOR
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47	47	New Act
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65	65	HB2836 - 2 - LRB103 27309 LNS 53680 b
66	66	1 within the initial court filing one or more of the following:
67	67	2 (1) the claimed act in the reported accusation was a
68	68	3 factual impossibility for the accused to have perpetrated;
69	69	4 (2) the accuser has been impeached in a courtroom
70	70	5 proceeding regarding the same alleged facts as in the
71	71	6 present reported accusation;
72	72	7 (3) the accuser has publicly made contrary statements
73	73	8 involving relevant, material facts regarding the present
74	74	9 reported incident; or
75	75	10 (4) the accuser has publicly stated that the present
76	76	11 reported incident did not occur.
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82	82	HB2836 - 2 - LRB103 27309 LNS 53680 b