Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0243 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 SB0243 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 740 ILCS 82/5 740 ILCS 82/11 new 740 ILCS 82/20 740 ILCS 82/25 new Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement. Makes corresponding changes. LRB103 27514 LNS 53889 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0243 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 740 ILCS 82/5 740 ILCS 82/11 new 740 ILCS 82/20 740 ILCS 82/25 new 740 ILCS 82/5 740 ILCS 82/11 new 740 ILCS 82/20 740 ILCS 82/25 new Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement. Makes corresponding changes. LRB103 27514 LNS 53889 b LRB103 27514 LNS 53889 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0243 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3	3	740 ILCS 82/5 740 ILCS 82/11 new 740 ILCS 82/20 740 ILCS 82/25 new 740 ILCS 82/5 740 ILCS 82/11 new 740 ILCS 82/20 740 ILCS 82/25 new
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5	5	740 ILCS 82/11 new
6	6	740 ILCS 82/20
7	7	740 ILCS 82/25 new
8	8	Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement. Makes corresponding changes.
9	9	LRB103 27514 LNS 53889 b LRB103 27514 LNS 53889 b
10	10	LRB103 27514 LNS 53889 b
11	11	A BILL FOR
12	12	SB0243LRB103 27514 LNS 53889 b SB0243 LRB103 27514 LNS 53889 b
13	13	SB0243 LRB103 27514 LNS 53889 b
14	14	1 AN ACT concerning civil law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Gender Violence Act is amended by changing
18	18	5 Sections 5 and 20 and by adding Sections 11 and 25 as follows:
19	19	6 (740 ILCS 82/5)
20	20	7 Sec. 5. Definitions Definition. In this Act: ,
21	21	8 "Employee" has the meaning provided in Section 2-101 of
22	22	9 the Illinois Human Rights Act.
23	23	10 "Employer" has the meaning provided in Section 2-101 of
24	24	11 the Illinois Human Rights Act.
25	25	12 "Gender-related gender-related violence", which is a form
26	26	13 of sex discrimination, means the following:
27	27	14 (1) One or more acts of violence or physical
28	28	15 aggression satisfying the elements of battery under the
29	29	16 laws of Illinois that are committed, at least in part, on
30	30	17 the basis of a person's sex, whether or not those acts have
31	31	18 resulted in criminal charges, prosecution, or conviction.
32	32	19 (2) A physical intrusion or physical invasion of a
33	33	20 sexual nature under coercive conditions satisfying the
34	34	21 elements of battery under the laws of Illinois, whether or
35	35	22 not the act or acts resulted in criminal charges,
36	36	23 prosecution, or conviction.
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0243 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
41	41	740 ILCS 82/5 740 ILCS 82/11 new 740 ILCS 82/20 740 ILCS 82/25 new 740 ILCS 82/5 740 ILCS 82/11 new 740 ILCS 82/20 740 ILCS 82/25 new
42	42	740 ILCS 82/5
43	43	740 ILCS 82/11 new
44	44	740 ILCS 82/20
45	45	740 ILCS 82/25 new
46	46	Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement. Makes corresponding changes.
47	47	LRB103 27514 LNS 53889 b LRB103 27514 LNS 53889 b
48	48	LRB103 27514 LNS 53889 b
49	49	A BILL FOR
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55	55	740 ILCS 82/5
56	56	740 ILCS 82/11 new
57	57	740 ILCS 82/20
58	58	740 ILCS 82/25 new
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77	77	1 (2.5) Domestic violence, as defined in the Illinois
78	78	2 Domestic Violence Act of 1986.
79	79	3 (3) A threat of an act described in item (1), or (2),
80	80	4 or (2.5) causing a realistic apprehension that the
81	81	5 originator of the threat will commit the act.
82	82	6 "Work environment" means the employee's workplace and
83	83	7 employer's premises, including any building, real property,
84	84	8 and parking area under the control of the employer, or any
85	85	9 other location while used for an employer-sanctioned purpose.
86	86	10 "Workplace" means where an employee or agent of the
87	87	11 employer completes the work the employee or agent was hired to
88	88	12 perform or tasks incidental to the employee's or agent's
89	89	13 employment.
90	90	14 (Source: P.A. 93-416, eff. 1-1-04.)
91	91	15 (740 ILCS 82/11 new)
92	92	16 Sec. 11. Employer liability for an employee or agent. An
93	93	17 employer shall be liable only for gender-related violence
94	94	18 committed in the work environment by an employee or agent of
95	95	19 the employer. An employer shall be liable for gender-related
96	96	20 violence if the employer:
97	97	21 (1) failed to supervise, train, or monitor the
98	98	22 employee who engaged in the gender-related violence; or
99	99	23 (2) failed to investigate complaints or reports
100	100	24 directly provided to a supervisor, manager, owner, or
101	101	25 another person designated by the employer of similar
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112	112	1 conduct by an employee or agent of the employer and the
113	113	2 employer failed to take remedial measures in response to
114	114	3 the complaints or reports.
115	115	4 (740 ILCS 82/20)
116	116	5 Sec. 20. Limitation. An action by an individual based on
117	117	6 gender-related violence as defined in paragraph (1), or (2),
118	118	7 or (2.5) of Section 5 or under Section 11 must be commenced
119	119	8 within 7 years after the cause of action accrued, except that
120	120	9 if the person entitled to bring the action was a minor at the
121	121	10 time the cause of action accrued, the action must be commenced
122	122	11 within 7 years after the person reaches the age of 18. An
123	123	12 action based on gender-related violence as defined in
124	124	13 paragraph (3) of Section 5 must be commenced within 2 years
125	125	14 after the cause of action accrued, except that if the person
126	126	15 entitled to bring the action was a minor at the time the cause
127	127	16 of action accrued, the action must be commenced within 2 years
128	128	17 after the person reaches the age of 18.
129	129	18 (Source: P.A. 93-416, eff. 1-1-04.)
130	130	19 (740 ILCS 82/25 new)
131	131	20 Sec. 25. No waiver. No person shall have the power to waive
132	132	21 any of the provisions of this Act as part of a dissolution of
133	133	22 marriage agreement, dissolution of civil union agreement,
134	134	23 dissolution of domestic partnership agreement, or custody
135	135	24 agreement. Any such purported waiver is considered against
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146	146	1 public policy, void, and severable from an otherwise valid and
147	147	2 enforceable agreement.
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