093_HB0536enr

 
HB0536 Enrolled                      LRB093 06702 DRJ 06836 b

 1        AN ACT in relation to violence against women.

 2        WHEREAS, Recent national studies demonstrate  that  women
 3    in  the  United  States  continue  to  be  greatly  harmed by
 4    gender-related violence such as domestic violence,  which  is
 5    disproportionately  visited  upon  women  by  men, and sexual
 6    abuse, which harms many  women  and  children  without  being
 7    reported or prosecuted; and

 8        WHEREAS, It is documented that existing State and federal
 9    laws  have  not provided adequate remedies to women survivors
10    of domestic violence and sexual abuse; and

11        WHEREAS, Women survivors of domestic violence  oftentimes
12    have  found  laws against domestic violence used against them
13    by their batterers; and

14        WHEREAS, The United States Supreme Court has  ruled  that
15    the  states alone have the authority to grant civil relief to
16    the survivors of such sexually discriminatory violence; and

17        WHEREAS, Such acts of gender-related violence are a  form
18    of sex discrimination; therefore

19        Be  it  enacted  by  the People of the State of Illinois,
20    represented in the General Assembly:

21        Section 1.  Short title. This Act may  be  cited  as  the
22    Gender Violence Act.

23        Section  5.  Definition.  In  this  Act,  "gender-related
24    violence",  which  is a form of sex discrimination, means the
25    following:
26             (1)  One  or  more  acts  of  violence  or  physical
27        aggression satisfying the elements of battery  under  the
28        laws of Illinois that are committed, at least in part, on
29        the  basis  of  a person's sex, whether or not those acts
 
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 1        have  resulted  in  criminal  charges,  prosecution,   or
 2        conviction.
 3             (2)  A  physical intrusion or physical invasion of a
 4        sexual nature under coercive  conditions  satisfying  the
 5        elements  of  battery under the laws of Illinois, whether
 6        or not the act or  acts  resulted  in  criminal  charges,
 7        prosecution, or conviction.
 8             (3)  A threat of an act described in item (1) or (2)
 9        causing  a  realistic apprehension that the originator of
10        the threat will commit the act.

11        Section 10.  Cause of action. Any  person  who  has  been
12    subjected  to gender-related violence as defined in Section 5
13    may bring a civil action for damages, injunctive  relief,  or
14    other   appropriate   relief  against  a  person  or  persons
15    perpetrating that gender-related violence.  For  purposes  of
16    this   Section,   "perpetrating"   means   either  personally
17    committing  the   gender-related   violence   or   personally
18    encouraging  or  assisting  the act or acts of gender-related
19    violence.

20        Section 15.  Relief. In an action brought under this Act,
21    the court may award  damages,  injunctive  relief,  or  other
22    appropriate  relief.  The  court  may  award  actual damages,
23    damages  for  emotional  distress,  or  punitive  damages.  A
24    judgment may also include attorney's fees and costs.

25        Section   20.  Limitation.    An    action    based    on
26    gender-related violence as defined in paragraph (1) or (2) of
27    Section 5 must be commenced within 7 years after the cause of
28    action  accrued,  except that if the person entitled to bring
29    the action was a minor  at  the  time  the  cause  of  action
30    accrued,  the  action  must be commenced within 7 years after
31    the person  reaches  the  age  of  18.  An  action  based  on
 
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 1    gender-related  violence  as  defined  in  paragraph  (3)  of
 2    Section 5 must be commenced within 2 years after the cause of
 3    action  accrued,  except that if the person entitled to bring
 4    the action was a minor  at  the  time  the  cause  of  action
 5    accrued,  the  action  must be commenced within 2 years after
 6    the person reaches the age of 18.

 7        Section 98.  Applicability.  This  Act  applies  only  to
 8    causes of action accruing on or after its effective date.