Rep. Maura Hirschauer

Filed: 3/26/2024





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2    AMENDMENT NO. ______. Amend House Bill 1605 by replacing
3everything after enacting clause with the following:
4    "Section 5. The Gender Violence Act is amended by changing
5Section 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
9the Illinois Human Rights Act.
10    "Employer" has the meaning provided in Section 2-101 of
11the Illinois Human Rights Act.
12    "Gender-related violence", which is a form of sex
13discrimination, 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



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1    the basis of a person's sex, whether or not those acts have
2    resulted in criminal charges, prosecution, or 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 or
6    not the act or acts resulted in criminal charges,
7    prosecution, or conviction.
8        (2.1) 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 the
12    defendant removed the sexually protective device without
13    consent of the plaintiff, and they engaged or continued to
14    engage in sexual contact after removal.
15        (2.2) Sexual contact between a sexual organ of one
16    person and the intimate part of another person if, before
17    sexual contact, both persons understood and agreed that a
18    sexually protective device would be used, and they engaged
19    or continued to engage in sexual contact after the
20    defendant knew or became aware that the sexually
21    protective device had been unintentionally removed but did
22    not obtain consent from the plaintiff to engage or
23    continue engaging in sexual contact without the use of a
24    sexually protective device.
25        (2.5) Domestic violence, as defined in the Victims'
26    Economic Security and Safety Act.



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1        (3) A threat of an act described in item (1), (2), or
2    (2.5) causing a realistic apprehension that the originator
3    of the threat will commit the act.
4    "Sexually protective device" means an internal or external
5condom, spermicide, diaphragm, cervical cap, contraceptive
6sponge, dental dam, or any other physical barrier device
7intended to prevent pregnancy or sexually transmitted
8infection. "Sexually protective device" does not include an
9intrauterine device or any hormonal birth control method.
10    "Workplace" means the employer's premises, including any
11building, real property, and parking area under the control of
12the employer, or any location used by an employee while in the
13performance of the employee's job duties. "Workplace" includes
14activities occurring off-premises at employer-sponsored events
15where an employee is not performing the employee's job duties.
16(Source: P.A. 103-282, eff. 1-1-24.)".