|Public Act 098-0430|
|HB2590 Enrolled||LRB098 08320 HEP 41001 b|
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Workplace Violence Prevention Act.
This Act is intended to assist
employers in protecting its workforce, customers, guests and
property by limiting access to workplace venues by potentially
As used in this Act:
"Credible threat of violence" means a statement or course
of conduct that does not serve a legitimate purpose and that
causes a reasonable person to fear for the person's safety or
for the safety of the person's immediate family.
(1) a person employed or permitted to work or perform a
service for remuneration;
(2) a member of a board of directors of any
(3) an elected or appointed public officer; and
(4) a volunteer, independent contractor, agency
worker, or any other person who performs services for an
employer at the employer's place of work.
"Employer" means an individual, partnership, association,
limited liability company, corporation, business trust, the
State, a governmental agency, or a political subdivision that
has at least 5 employees during any work week.
"Unlawful violence" means any act of violence, harassment,
or stalking as defined by the laws of this State.
Employer's right to order of protection.
employer may seek an order of protection to prohibit further
violence or threats of violence by a person if:
(1) the employee has suffered unlawful violence or a
credible threat of violence from the person; and
(2) the unlawful violence has been carried out at the
employee's place of work or the credible threat of violence
can reasonably be constructed to be carried out at the
employee's place of work by the person.
An employer may obtain an
order of protection under the Illinois Domestic Violence Act of
1986 if the employer:
(1) files an affidavit that shows, to the satisfaction
of the court, reasonable proof that an employee has
suffered either unlawful violence or a credible threat of
violence by the defendant; and
(2) demonstrates that great or irreparable harm has
been suffered, will be suffered, or is likely to be
suffered by the employee.
Employer remedies under this Act are
limited to an order of protection. Nothing in this Act,
however, waives, reduces, or diminishes any other remedy
available to an employer under any other mechanism.
Jurisdiction; venue; procedure; enforcement.
Issues of jurisdiction, venue, procedure, and enforcement
shall be governed by the Illinois Domestic Violence Act of
Law enforcement responsibilities.
enforcement personnel shall have the same responsibilities
under this Act as are provided in Article 3 of the Illinois
Domestic Violence Act of 1986.