GENDER-RELATED VIOLENCE

Illinois General Assembly - Full Text of HB2453

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HB2453 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2453

Introduced 2/4/2025, by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

740 ILCS 82/5

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 continues to engage
in sexual conduct without getting the consent of the unaware plaintiff.
Defines "sexually protective device" as any of the following that is
intended to prevent pregnancy or sexually transmitted infection: internal
or external condom; spermicide; diaphragm; cervical cap; contraceptive
sponge; dental dam; or another physical device intended to prevent
pregnancy or sexually transmitted infection.
LRB104 08188 JRC 18238 b

A BILL FOR

HB2453
LRB104 08188 JRC 18238 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Gender Violence Act is amended by changing
5
Section 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
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.

HB2453
- 2 -
LRB104 08188 JRC 18238 b
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

HB2453
- 3 -
LRB104 08188 JRC 18238 b
1
infection. "Sexually protective device" does not include an
2
intrauterine device or any hormonal birth control method.

3

"Workplace" means the employer's premises, including any
4
building, real property, and parking area under the control of
5
the employer, or any location used by an employee while in the
6
performance of the employee's job duties. "Workplace" includes
7
activities occurring off-premises at employer-sponsored events
8
where an employee is not performing the employee's job duties.
9
(Source: P.A. 103-282, eff. 1-1-24
.)

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