Illinois 2025 2025-2026 Regular Session

Illinois House Bill HB2453 Introduced / Bill

Filed 02/03/2025

                    104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2453 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 740 ILCS 82/5 Amends the Gender Violence Act. Provides that "gender-related violence" includes sexual contact between a sexual organ of one person and an intimate part of another person in which a "sexually protective device" has been intentionally removed by the defendant without the consent of the plaintiff or unintentionally removed but the defendant continues to engage in sexual conduct without getting the consent of the unaware plaintiff. Defines "sexually protective device" as any of the following that is intended to prevent pregnancy or sexually transmitted infection: internal or external condom; spermicide; diaphragm; cervical cap; contraceptive sponge; dental dam; or another physical device intended to prevent pregnancy or sexually transmitted infection. LRB104 08188 JRC 18238 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2453 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:  740 ILCS 82/5 740 ILCS 82/5  Amends the Gender Violence Act. Provides that "gender-related violence" includes sexual contact between a sexual organ of one person and an intimate part of another person in which a "sexually protective device" has been intentionally removed by the defendant without the consent of the plaintiff or unintentionally removed but the defendant continues to engage in sexual conduct without getting the consent of the unaware plaintiff. Defines "sexually protective device" as any of the following that is intended to prevent pregnancy or sexually transmitted infection: internal or external condom; spermicide; diaphragm; cervical cap; contraceptive sponge; dental dam; or another physical device intended to prevent pregnancy or sexually transmitted infection.  LRB104 08188 JRC 18238 b     LRB104 08188 JRC 18238 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2453 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
740 ILCS 82/5 740 ILCS 82/5
740 ILCS 82/5
Amends the Gender Violence Act. Provides that "gender-related violence" includes sexual contact between a sexual organ of one person and an intimate part of another person in which a "sexually protective device" has been intentionally removed by the defendant without the consent of the plaintiff or unintentionally removed but the defendant continues to engage in sexual conduct without getting the consent of the unaware plaintiff. Defines "sexually protective device" as any of the following that is intended to prevent pregnancy or sexually transmitted infection: internal or external condom; spermicide; diaphragm; cervical cap; contraceptive sponge; dental dam; or another physical device intended to prevent pregnancy or sexually transmitted infection.
LRB104 08188 JRC 18238 b     LRB104 08188 JRC 18238 b
    LRB104 08188 JRC 18238 b
A BILL FOR
HB2453LRB104 08188 JRC 18238 b   HB2453  LRB104 08188 JRC 18238 b
  HB2453  LRB104 08188 JRC 18238 b
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.

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB2453 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
740 ILCS 82/5 740 ILCS 82/5
740 ILCS 82/5
Amends the Gender Violence Act. Provides that "gender-related violence" includes sexual contact between a sexual organ of one person and an intimate part of another person in which a "sexually protective device" has been intentionally removed by the defendant without the consent of the plaintiff or unintentionally removed but the defendant continues to engage in sexual conduct without getting the consent of the unaware plaintiff. Defines "sexually protective device" as any of the following that is intended to prevent pregnancy or sexually transmitted infection: internal or external condom; spermicide; diaphragm; cervical cap; contraceptive sponge; dental dam; or another physical device intended to prevent pregnancy or sexually transmitted infection.
LRB104 08188 JRC 18238 b     LRB104 08188 JRC 18238 b
    LRB104 08188 JRC 18238 b
A BILL FOR

 

 

740 ILCS 82/5



    LRB104 08188 JRC 18238 b

 

 



 

  HB2453  LRB104 08188 JRC 18238 b


HB2453- 2 -LRB104 08188 JRC 18238 b   HB2453 - 2 - LRB104 08188 JRC 18238 b
  HB2453 - 2 - LRB104 08188 JRC 18238 b
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

 

 

  HB2453 - 2 - LRB104 08188 JRC 18238 b


HB2453- 3 -LRB104 08188 JRC 18238 b   HB2453 - 3 - LRB104 08188 JRC 18238 b
  HB2453 - 3 - LRB104 08188 JRC 18238 b

 

 

  HB2453 - 3 - LRB104 08188 JRC 18238 b