Bill Text: IL HB1605 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Gender Violence Act. Provides that "gender-related violence" includes sexual contact between a sexual organ of one person and an intimate part of another person in which a "sexually protective device" has been intentionally removed by the defendant without the consent of the plaintiff or unintentionally removed but the defendant engages to continues to engage in sexual conduct without getting the consent of the unaware plaintiff. Defines "sexually protective device".
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced) 2024-05-22 - Added Co-Sponsor Rep. La Shawn K. Ford [HB1605 Detail]
Download: Illinois-2023-HB1605-Engrossed.html
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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Gender Violence Act is amended by changing | ||||||
| 5 | Section 5 as follows:
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| 6 | (740 ILCS 82/5) | ||||||
| 7 | Sec. 5. Definitions. In this Act: | ||||||
| 8 | "Employee" has the meaning provided in Section 2-101 of | ||||||
| 9 | the Illinois Human Rights Act. | ||||||
| 10 | "Employer" has the meaning provided in Section 2-101 of | ||||||
| 11 | the Illinois Human Rights Act. | ||||||
| 12 | "Gender-related violence", which is a form of sex | ||||||
| 13 | discrimination, 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 | ||||||
| 24 | condom, spermicide, diaphragm, cervical cap, contraceptive | ||||||
| 25 | sponge, dental dam, or any other physical barrier device | ||||||
| 26 | intended to prevent pregnancy or sexually transmitted | ||||||
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