(820 ILCS 180/1)
Sec. 1. Short title. This Act may
be cited as the Victims' Economic Security and Safety Act.
(Source: P.A. 93-591, eff. 8-25-03.)
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(820 ILCS 180/5)
Sec. 5. Findings. The General Assembly
finds and declares the following:
(1) Domestic
and sexual violence affects many
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persons without regard to age, race,
educational level, socioeconomic status, religion,
or occupation.
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(2)
Domestic and sexual violence has a devastating
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effect on individuals, families, communities
and the workplace.
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(3)
Domestic violence crimes account for
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approximately 15% of total crime costs
in the United
States each
year.
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(4)
Violence against women has been reported to be
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the leading cause of physical injury
to women. Such violence has a devastating impact
on women's physical and emotional health and
financial security.
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(5)
According to recent government surveys, from
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1993 through 1998 the average annual
number of violent victimizations committed
by intimate partners was 1,082,110, 87% of
which were committed against women.
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(6)
Female murder victims were substantially more
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likely than male murder victims to have
been killed by an intimate partner. About one-third
of female murder victims, and about 4% of male
murder victims, were killed by an intimate
partner.
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(7)
According to recent government estimates,
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approximately 987,400 rapes occur annually
in the United
States,
89% of the rapes are perpetrated against female
victims.
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(8)
Approximately 10,200,000 people have been
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stalked at some time in their lives.
Four out of every 5 stalking victims are women.
Stalkers harass and terrorize their victims
by spying on the victims, standing outside
their places of work or homes, making unwanted
phone calls, sending or leaving unwanted letters
or items, or vandalizing property.
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(9)
Employees in the United States who have been
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victims of domestic violence, dating
violence, sexual assault, or stalking too often
suffer adverse consequences in the workplace
as a result of their victimization.
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(10)
Victims of domestic violence, dating violence,
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sexual assault, and stalking face the
threat of job loss and loss of health insurance
as a result of the illegal acts of the perpetrators
of violence.
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(11)
The prevalence of domestic violence, dating
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violence, sexual assault, stalking,
and other violence against women at work is
dramatic. Approximately 11% of all rapes occur
in the workplace. About 50,500 individuals,
83% of whom are women, were raped or sexually
assaulted in the workplace each year from 1992
through 1996. Half of all female victims of
violent workplace crimes know their attackers.
Nearly one out of 10 violent workplace incidents
is committed by partners or spouses.
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(12)
Homicide is the leading cause of death for
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women on the job. Husbands, boyfriends,
and ex-partners commit 15% of workplace
homicides against women.
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(13)
Studies indicate that as much as 74% of
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employed battered women surveyed were
harassed at work by their abusive partners.
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(14)
According to a 1998 report of the U.S. General
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Accounting Office, between one-fourth
and one-half of domestic violence victims
surveyed in 3 studies reported that the victims
lost a job due, at least in part, to domestic
violence.
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(15)
Women who have experienced domestic violence or
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dating violence are more likely than
other women to be unemployed, to suffer from
health problems that can affect employability
and job performance, to report lower personal
income, and to rely on welfare.
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(16)
Abusers frequently seek to control their
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partners by actively interfering with
their ability to work, including preventing
their partners from going to work, harassing
their partners at work, limiting the access
of their partners to cash or transportation,
and sabotaging the child care arrangements
of their partners.
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(17)
More than one-half of women receiving welfare
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have been victims of domestic violence
as adults and between one-fourth and
one-third reported being abused in the
last year.
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(18)
Sexual assault, whether occurring in or out of
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the workplace, can impair an employee's
work performance, require time away from work,
and undermine the employee's ability to maintain
a job. Almost 50% of sexual assault survivors
lose their jobs or are forced to quit in the
aftermath of the assaults.
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(19)
More than one-fourth of stalking victims report
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losing time from work due to the stalking
and 7% never return to work.
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(20)
(A) According to the National Institute of
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Justice, crime costs an estimated $450,000,000,000
annually in medical expenses, lost earnings,
social service costs, pain, suffering, and
reduced quality of life for victims, which
harms the Nation's productivity and drains
the Nation's resources. (B) Violent crime accounts
for $426,000,000,000 per year of this amount.
(C) Rape exacts the highest costs per victim
of any criminal offense, and accounts for $127,000,000,000
per year of the amount described in subparagraph
(A).
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(21)
The Bureau of National Affairs has estimated
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that domestic violence costs United
States employers between $3,000,000,000 and
$5,000,000,000 annually in lost time and productivity.
Other reports have estimated that domestic
violence costs United States employers $13,000,000,000
annually.
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(22)
United States medical costs for domestic
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violence have been estimated to be $31,000,000,000
per year.
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(23)
Ninety-four percent of corporate security and
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safety directors at companies nationwide
rank domestic violence as a high security concern.
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(24)
Forty-nine percent of senior executives
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recently surveyed said domestic violence
has a harmful effect on their company's productivity,
47% said domestic violence negatively affects
attendance, and 44% said domestic violence
increases health care costs.
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(25)
Employees, including individuals participating
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in welfare to work programs, may need
to take time during business hours to:
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(A)
obtain orders of protection;
(B)
seek medical or legal assistance,
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counseling, or other services; or
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(C)
look for housing in order to escape from
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(Source: P.A. 93-591, eff. 8-25-03.)
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(820 ILCS 180/10)
Sec. 10. Definitions. In this Act,
except as otherwise expressly provided:
(1) "Commerce" includes
trade, traffic, commerce,
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transportation, or communication; and "industry
or activity affecting commerce" means
any activity, business, or industry in commerce
or in which a labor dispute would hinder or
obstruct commerce or the free flow of commerce,
and includes "commerce" and any "industry
affecting commerce".
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(2) "Course
of conduct" means a course of repeatedly
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maintaining a visual or physical proximity
to a person or conveying oral or written threats,
including threats conveyed through electronic
communications, or threats implied by conduct.
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(3) "Department" means
the Department of Labor.
(4) "Director" means
the Director of Labor.
(5) "Domestic
or sexual violence" means domestic
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violence, sexual assault, or stalking.
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(6) "Domestic
violence" includes acts or threats of
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violence, not including acts of self
defense, as defined in subdivision (3) of Section
103 of the Illinois Domestic Violence Act of
1986, sexual assault, or death to the person,
or the person's family or household member,
if the conduct causes the specific person to
have such distress or fear.
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(7) "Electronic
communications" includes
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communications via telephone, mobile
phone, computer, e-mail, video recorder,
fax machine, telex, or pager.
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(8) "Employ" includes
to suffer or permit to work.
(9) Employee.
(A)
In general. "Employee" means any person
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(B)
Basis. "Employee" includes a person employed
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as described in subparagraph (A) on
a full or part-time basis, or as a participant
in a work assignment as a condition of receipt
of federal or State income-based public
assistance.
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(10) "Employer" means
any of the following: (A) the
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State or any agency of the State; (B)
any unit of local government or school district;
or (C) any person that employs at least 50
employees.
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(11) "Employment
benefits" means all benefits
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provided or made available to employees
by an employer, including group life insurance,
health insurance, disability insurance, sick
leave, annual leave, educational benefits,
and pensions, regardless of whether such benefits
are provided by a practice or written policy
of an employer or through an "employee
benefit plan". "Employee benefit
plan" or "plan" means an employee
welfare benefit plan or an employee pension
benefit plan or a plan which is both an employee
welfare benefit plan and an employee pension
benefit plan.
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(12) "Family
or household member" means a spouse,
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parent, son, daughter, and persons jointly
residing in the same household.
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(13) "Parent" means
the biological parent of an
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employee or an individual who stood
in loco parentis to an employee when the employee
was a son or daughter. "Son or daughter" means
a biological, adopted, or foster child, a stepchild,
a legal ward, or a child of a person standing
in loco parentis, who is under 18 years of
age, or is 18 years of age or older and incapable
of self-care because of a mental or physical
disability.
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(14) "Perpetrator" means
an individual who commits
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or is alleged to have committed any
act or threat of domestic or sexual violence.
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(15) "Person" means
an individual, partnership,
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association, corporation, business trust,
legal representative, or any organized group
of persons.
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(16) "Public
agency" means the Government of the
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