State of Illinois
92nd General Assembly
Legislation

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92_HB1414ham001

 










                                           LRB9204013WHcsam01

 1                    AMENDMENT TO HOUSE BILL 1414

 2        AMENDMENT NO.     .  Amend House Bill 1414  by  replacing
 3    the title with the following:

 4        "AN ACT in relation to violence against women.

 5        WHEREAS,  Recent  national studies demonstrate that women
 6    in the  United  States  continue  to  be  greatly  harmed  by
 7    gender-related  violence  such as domestic violence, which is
 8    disproportionately visited upon  women  by  men,  and  sexual
 9    abuse,  which  harms  many  women  and children without being
10    reported or prosecuted; and

11        WHEREAS, It is documented that existing State and federal
12    laws have not provided adequate remedies to  women  survivors
13    of domestic violence and sexual abuse; and

14        WHEREAS,  Women survivors of domestic violence oftentimes
15    have found laws against domestic violence used  against  them
16    by their batterers; and

17        WHEREAS,  The  United States Supreme Court has ruled that
18    the states alone have the authority to grant civil relief  to
19    the survivors of such sexually discriminatory violence; and

20        WHEREAS,  Such acts of gender-related violence are a form
21    of sex discrimination; therefore"; and
 
                            -2-            LRB9204013WHcsam01
 1    by replacing everything after the enacting  clause  with  the
 2    following:

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

 5        Section  5.  Definition.  In  this  Act,  "gender-related
 6    violence", which is a form of sex discrimination,  means  the
 7    following:
 8             (1)  One  or  more  acts  of  violence  or  physical
 9        aggression  satisfying  the elements of battery under the
10        laws of Illinois that are committed, at least in part, on
11        the basis of a person's sex, whether or  not  those  acts
12        have   resulted  in  criminal  charges,  prosecution,  or
13        conviction.
14             (2)  A physical intrusion or physical invasion of  a
15        sexual  nature  under  coercive conditions satisfying the
16        elements of battery under the laws of  Illinois,  whether
17        or  not  the  act  or  acts resulted in criminal charges,
18        prosecution, or conviction.
19             (3)  A threat of an act described in item (1) or (2)
20        causing a realistic apprehension that the  originator  of
21        the threat will commit the act.

22        Section  10.  Cause  of  action.  Any person who has been
23    subjected to gender-related violence as defined in Section  5
24    may  bring  a civil action for damages, injunctive relief, or
25    other  appropriate  relief  against  a  person   or   persons
26    perpetrating  that  gender-related  violence. For purposes of
27    this  Section,   "perpetrating"   means   either   personally
28    committing   the   gender-related   violence   or  personally
29    encouraging or assisting the act or  acts  of  gender-related
30    violence.
 
                            -3-            LRB9204013WHcsam01
 1        Section 15.  Relief. In an action brought under this Act,
 2    the  court  may  award  damages,  injunctive relief, or other
 3    appropriate relief.  The  court  may  award  actual  damages,
 4    damages  for  emotional  distress,  or  punitive  damages.  A
 5    judgment may also include attorney's fees and costs.

 6        Section 20.  Limitation. An action under this Act must be
 7    commenced  within 10 years after the cause of action accrued;
 8    however, if the person entitled to bring  the  action  was  a
 9    minor  at  the  time  the cause of action accrued, the action
10    must be commenced within 7 years after the person reaches the
11    age of 18.

12        Section 98.  Applicability.  This  Act  applies  only  to
13    causes of action accruing on or after its effective date.".

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