Illinois General Assembly - Full Text of SB0681
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Full Text of SB0681  93rd General Assembly

SB0681 93rd General Assembly


093_SB0681

 
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 1        AN ACT concerning gender violence.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Gender Violence Act.

 6        Section 5.  Purpose.  Acts of gender-related violence are
 7    a form of sex discrimination. Existing State and federal laws
 8    do not adequately prevent and remedy gender-related violence,
 9    such   as  domestic  violence,  which  is  disproportionately
10    visited upon women by men; sexual  abuse,  which  harms  many
11    women  and children without being reported or prosecuted; and
12    violence against men  and  women  for  actual  or  attributed
13    sexual  or gender role nonconformity. Recent national studies
14    demonstrate that women in the United States  continue  to  be
15    greatly  harmed  by gender-related violence. It is documented
16    that women survivors of  domestic  violence  oftentimes  have
17    found  laws  against  domestic  violence used against them by
18    their batterers  and  the  overwhelming  majority  of  sexual
19    assaults do not come to the attention of the criminal justice
20    system.  The  United  States Supreme Court has ruled that the
21    states alone have the authority to grant civil relief to  the
22    survivors of sexually discriminatory violence.

23        Section 10.  Definitions.  In this Act:
24        "Gender-related violence" is a form of sex discrimination
25    and means the following:
26             (1)  One  or  more  acts  of  violence  or  physical
27        aggression committed, at least in part, on the basis of a
28        person's   sex,  gender,  or  sexuality,  satisfying  the
29        elements of battery under  the  Criminal  Code  of  1961,
30        whether  or not the act or acts have resulted in criminal
 
                            -2-      LRB093 10681 LCB 11032 b
 1        charges, prosecution, or conviction.
 2             (2)  A physical intrusion or physical invasion of  a
 3        sexual  nature  under coercive conditions, satisfying the
 4        elements of battery under  the  Criminal  Code  of  1961,
 5        whether  or not the act or acts have resulted in criminal
 6        charges, prosecution, or conviction.
 7             (3)  A threat of an act described in item (1) or (2)
 8        causing a realistic apprehension that the  originator  of
 9        the threat will commit the act.
10        "Sex, gender, or sexuality" means, but is not limited to,
11    actual  or attributed sexual orientation, gender identity, or
12    conformity or nonconformity  to  traditional  social  sex  or
13    gender roles.

14        Section  15.  Cause  of  action.  Any person who has been
15    subjected to gender-related violence as defined in  this  Act
16    may  bring  a  civil action for damages, injunction, or other
17    appropriate relief against any responsible party.

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

24        Section  25.  Limitation.  An  action under this Act must
25    be commenced within 10 years after the  right  to  bring  the
26    action  first  accrued, provided that, for any person who has
27    been subjected to gender-related violence who is a minor,  an
28    action  may  commence  within  10  years after the person has
29    reached the age of 18.

30        Section 30.  Applicability.  This  Act  applies  only  to
 
                            -3-      LRB093 10681 LCB 11032 b
 1    causes  of  action accruing on or after the effective date of
 2    this Act.