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| Public Act 098-0430 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Workplace Violence Prevention Act. | ||||
Section 5. Purpose. This Act is intended to assist | ||||
employers in protecting its workforce, customers, guests and | ||||
property by limiting access to workplace venues by potentially | ||||
violent individuals.
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Section 10. Definitions. 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. | ||||
"Employee" means: | ||||
(1) a person employed or permitted to work or perform a | ||||
service for remuneration; | ||||
(2) a member of a board of directors of any | ||||
organization; | ||||
(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. | ||
Section 15. Employer's right to order of protection. An | ||
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. | ||
Section 20. Irreparable harm. 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. | ||
Section 25. Remedies. 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. | ||
Section 30. Jurisdiction; venue; procedure; enforcement. | ||
Issues of jurisdiction, venue, procedure, and enforcement | ||
shall be governed by the Illinois Domestic Violence Act of | ||
1986. | ||
Section 35. Law enforcement responsibilities. Law | ||
enforcement personnel shall have the same responsibilities | ||
under this Act as are provided in Article 3 of the Illinois | ||
Domestic Violence Act of 1986.
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