New laws on consent, domestic violence, orders of protection, revenge porn, sexual aggression, sexual assault, sexual crimes, sexual harassment, and stalking went into effect in Illinois on January 1, 2020.
ELIMINATES STATUTE OF LIMITATIONS FOR CRIMINAL SEXUAL
ASSAULT CASES
Public Act 101-130, House Bill 2135
Removes the statute of limitation for criminal sexual assault, aggravated criminal sexual assault, or aggravated
criminal sexual abuse regardless of the age of the victim.
INCLUDING “CONSENT” IN SEX EDUCATION CONTENT
Public Act 101-579, House Bill 3550
This legislation requires that course material and instruction in sex education for students in grades 6-12
must include an age-appropriate discussion on the meaning of consent to sexual activity. Under current law,
students are not required to participate in sex education class, if the student’s parent or guardian objects
to the class in writing so a student will only be subject to these new requirements if they take the sex
education course.
PROTECTIONS AGAINST SEXUAL HARASSMENT
Public Act 101-221, Senate Bill 75
Hotels and casinos must adopt anti-sexual harassment policies and make the utilization of a safety device
available to employees. The law prohibits retaliation against an employee for using a safety device or
making use of the protections of the anti-sexual harassment policy. The act limits the terms of employment
agreements that restrict specified employee rights with respect to allegations of unlawful conduct. It further
requires units of local government to add language to their sexual harassment policies including how to
report allegations of sexual harassment by one elected official against another. The Department of Human
Rights (DHR) must adopt a model sexual harassment training prevention clause.
TERMINATION OF PARENTAL RIGHTS
Public Act 101-529, Senate Bill 218
Sexual crimes such as predatory criminal sexual assault, sexual conduct by the use of force, criminal sexual
assault, among others are added to the list of convictions of the parent requiring DCFS to request that the
State’s Attorney file a petition or motion for termination of parental rights. The law adds sexual crimes to the
presumption a parent is depraved and unfit for adopting.
PROTECTING THE IDENTITY/LOCATION OF ABUSE VICTIMS
Public Act 101-211, Senate Bill 399
This legislation seeks to protect the privacy of domestic violence victims. It specifies that if a party states in
the pleading or the affidavit that disclosure of an address would risk abuse or harm to the party or a family
member, the address may be omitted from documents filed with the court. Under this bill, a party is not
required to include in the pleading or affidavit a domestic violence safe house address or an address changed
as a result of a protective order.
ADDRESSING SEXUALLY AGGRESSIVE BEHAVIOR BY INMATES
Public Act 101-401, Senate Bill 416
A defendant being found guilty of an administrative infraction related to an act or acts of public indecency or
sexual misconduct in a penal institution shall be considered a factor in aggravation in sentencing.
LEGAL RELIEF FOR VICTIMS OF ‘REVENGE PORN’
Public Act 101-556, Senate Bill 1507
When private sexual images are distributed without the depicted individual’s permission, the depicted
individual may now sue the distributor for damages if the depicted person suffers harm from intentional
dissemination of private sexual images without the depicted individual’s consent. Victims of ‘revenge porn’
may now sue for damages and use a pseudonym or the court may exclude or redact the plaintiff’s name and
other identifying characteristics from all pleadings and documents filed.
EDUCATING HIGH SCHOOL STUDENTS ON WORKPLACE PROTECTIONS
Public Act 101-347, Senate Bill 1694
High schools may include in their curriculum a unit of instruction on workplace preparation that covers
legal protections in the workplace, including but not limited to topics such as protection against sexual
harassment and racial and other forms of discrimination. Local school boards may determine the minimum
amount of instruction time.
INCLUDING SEXUAL HARASSMENT IN THE SCHOOL CODE
Public Act 101-630, Senate Bill 1798
Each school district must create, maintain, and implement an age-appropriate policy on sexual harassment
that must be posted on the school district’s website and included in the district’s student code of conduct
handbook.
DELAYING PUBLIC NOTICE OF ORDERS OF PROTECTION TO PROTECT
VICTIMS OF VIOLENCE
Public Act 101-255, House Bill 2309
When a judge grants an emergency stalking no contact order, a civil no contact order, or an emergency order
of protection, the petition will not be publicly available until the petition is served on the accused individual.
The change is designed to discourage respondents from contacting their petitioner from the moment any
such order is granted.
PROTECTING THE PRIVACY OF HOME-BASED BUSINESS OWNERS
Public Act 101-475, House Bill 2528
Victims of stalking and petitioners for an order of protection who operate a home-based business have a new
protection in state law to shield their privacy, as this new law provides that a person operating a business
under an assumed name at his or her personal residence may list the address of their local county clerk as
the default agent for service of process to meet the publication requirements, if specific conditions are met.
The law was inspired by a person whose stalker used the law requiring home-based businesses to have their
address published in order to find and further victimize her.
Selected from a post by State Representative Charlie Meier on 2020 New Laws
