103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3602
 
Introduced 2/9/2024, by Sen. Mary Edly-Allen
 
SYNOPSIS AS INTRODUCED:
 
740 ILCS 82/5
    Amends the Gender Violence Act. Adds to the definition of gender violence to include (1) contact between a sexual organ from which a sexually protective device has been removed and the intimate part of another person who did not verbally consent to the sexually protective device being removed; and (2) contact between an intimate part of the person and a sexual organ of another person from which the person removed a sexually protective device without verbal consent of the other person. Defines sexually protective device to mean any of the following that is intended to prevent pregnancy or sexually transmitted infection: male or female condom; spermicide; diaphragm; cervical cap; contraceptive sponge; dental dam; or another physical device intended to prevent pregnancy or sexually transmitted infection.


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A BILL FOR
 
SB3602LRB103 37539 JRC 67663 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 5. The Gender Violence Act is amended by changing 
5Section 5 as follows:
 
6    (740 ILCS 82/5)
7    Sec. 5. Definitions. In this Act:
8    "Employee" has the meaning provided in Section 2-101 of 
9the Illinois Human Rights Act.
10    "Employer" has the meaning provided in Section 2-101 of 
11the Illinois Human Rights Act. 
12    "Gender-related violence", which is a form of sex 
13discrimination, 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) Contact between a sexual organ of one person 
2    from which a sexually protective device has been removed 
3    and the intimate part of another person who did not 
4    verbally consent to the sexually protective device being 
5    removed.
6        (2.2) Contact between an intimate part of a person and 
7    a sexual organ of another person from which the person 
8    removed a sexually protective device without verbal 
9    consent of the other person.
10        (2.5) Domestic violence, as defined in the Victims' 
11    Economic Security and Safety Act. 
12        (3) A threat of an act described in item (1), (2), or 
13    (2.5) causing a realistic apprehension that the originator 
14    of the threat will commit the act.
15    "Sexually protective device" means any of the following 
16intended to prevent pregnancy or sexually transmitted 
17infection: male or female condom; spermicide; diaphragm; 
18cervical cap; contraceptive sponge; dental dam; or another 
19physical device intended to prevent pregnancy or sexually 
20transmitted infection. 
21    "Workplace" means the employer's premises, including any 
22building, real property, and parking area under the control of 
23the employer, or any location used by an employee while in the 
24performance of the employee's job duties. "Workplace" includes 
25activities occurring off-premises at employer-sponsored events 
26where an employee is not performing the employee's job duties. 
 
 
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1(Source: P.A. 103-282, eff. 1-1-24.)