HB1605 EngrossedLRB103 27227 LNS 53597 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
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.



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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
24condom, spermicide, diaphragm, cervical cap, contraceptive
25sponge, dental dam, or any other physical barrier device
26intended to prevent pregnancy or sexually transmitted



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1infection. "Sexually protective device" does not include an
2intrauterine device or any hormonal birth control method.
3    "Workplace" means the employer's premises, including any
4building, real property, and parking area under the control of
5the employer, or any location used by an employee while in the
6performance of the employee's job duties. "Workplace" includes
7activities occurring off-premises at employer-sponsored events
8where an employee is not performing the employee's job duties.
9(Source: P.A. 103-282, eff. 1-1-24.)