Illinois General Assembly - Full Text of HB2590
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Full Text of HB2590  98th General Assembly




HB2590 EnrolledLRB098 08320 HEP 41001 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 1. Short title. This Act may be cited as the
5Workplace Violence Prevention Act.
6    Section 5. Purpose. This Act is intended to assist
7employers in protecting its workforce, customers, guests and
8property by limiting access to workplace venues by potentially
9violent individuals.
10    Section 10. Definitions. As used in this Act:
11    "Credible threat of violence" means a statement or course
12of conduct that does not serve a legitimate purpose and that
13causes a reasonable person to fear for the person's safety or
14for the safety of the person's immediate family.
15    "Employee" means:
16        (1) a person employed or permitted to work or perform a
17    service for remuneration;
18        (2) a member of a board of directors of any
19    organization;
20        (3) an elected or appointed public officer; and
21        (4) a volunteer, independent contractor, agency
22    worker, or any other person who performs services for an



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1    employer at the employer's place of work.
2    "Employer" means an individual, partnership, association,
3limited liability company, corporation, business trust, the
4State, a governmental agency, or a political subdivision that
5has at least 5 employees during any work week.
6    "Unlawful violence" means any act of violence, harassment,
7or stalking as defined by the laws of this State.
8    Section 15. Employer's right to order of protection. An
9employer may seek an order of protection to prohibit further
10violence or threats of violence by a person if:
11        (1) the employee has suffered unlawful violence or a
12    credible threat of violence from the person; and
13        (2) the unlawful violence has been carried out at the
14    employee's place of work or the credible threat of violence
15    can reasonably be constructed to be carried out at the
16    employee's place of work by the person.
17    Section 20. Irreparable harm. An employer may obtain an
18order of protection under the Illinois Domestic Violence Act of
191986 if the employer:
20        (1) files an affidavit that shows, to the satisfaction
21    of the court, reasonable proof that an employee has
22    suffered either unlawful violence or a credible threat of
23    violence by the defendant; and
24        (2) demonstrates that great or irreparable harm has



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1    been suffered, will be suffered, or is likely to be
2    suffered by the employee.
3    Section 25. Remedies. Employer remedies under this Act are
4limited to an order of protection. Nothing in this Act,
5however, waives, reduces, or diminishes any other remedy
6available to an employer under any other mechanism.
7    Section 30. Jurisdiction; venue; procedure; enforcement.
8Issues of jurisdiction, venue, procedure, and enforcement
9shall be governed by the Illinois Domestic Violence Act of
11    Section 35. Law enforcement responsibilities. Law
12enforcement personnel shall have the same responsibilities
13under this Act as are provided in Article 3 of the Illinois
14Domestic Violence Act of 1986.