Bill Text: IL HB5426 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Rights of Crime Victims and Witnesses Act. Provides that except as otherwise provided in the Victims' Economic Security and Safety Act, an employer who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a crime victim to leave work to attend certain court proceedings. Provides that an employer may not dismiss an employee who is a crime victim because the employee exercises the right to leave work pursuant to these provisions. Provides that an employer is not required to compensate an employee who is a crime victim when the employee leaves work pursuant to these provisions. Provides that employers shall keep confidential records regarding the employee's leave pursuant to these provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5426 Detail]

Download: Illinois-2009-HB5426-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5426 Introduced 2/5/2010, by Rep. Charles E. Jefferson SYNOPSIS AS INTRODUCED:
725 ILCS 120/4.6 new
Amends the Rights of Crime Victims and Witnesses Act. Provides that except as otherwise provided in the Victims' Economic Security and Safety Act, an employer who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a crime victim to leave work to attend certain court proceedings. Provides that an employer may not dismiss an employee who is a crime victim because the employee exercises the right to leave work pursuant to these provisions. Provides that an employer is not required to compensate an employee who is a crime victim when the employee leaves work pursuant to these provisions. Provides that employers shall keep confidential records regarding the employee's leave pursuant to these provisions.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rights of Crime Victims and Witnesses Act is
amended by adding Section 4.6 as follows:
(725 ILCS 120/4.6 new)
Sec. 4.6. Right to leave work; scheduled proceedings;
counseling; employment rights; nondiscrimination;
confidentiality; definition.
(a) Except as otherwise provided in the Victims' Economic
Security and Safety Act, an employer who has 50 or more
employees for each working day in each of 20 or more calendar
weeks in the current or preceding calendar year, and any agent
of that employer, shall allow an employee who is a crime victim
to leave work to:
(1) exercise the employee's right to be present at a
proceeding pursuant to the Bill of Rights for Children,
Article 109 or Article 122 of the Code of Criminal
Procedure of 1963, Section 5-4-1 of the Unified Code of
Corrections, the presentation of a negotiated plea
agreement to the court, or any other proceeding in which
the crime victim may be present and receive notification
under this Act; or

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(2) obtain or attempt to obtain an order of protection,
an injunction against harassment or any other injunctive
relief to help ensure the health, safety or welfare of the
victim or the victim's child to the extent consistent with
the Victims' Economic Security and Safety Act.
(b) An employer may not dismiss an employee who is a crime
victim because the employee exercises the right to leave work
pursuant to subsection (a) of this Section.
(c) An employer is not required to compensate an employee
who is a crime victim when the employee leaves work pursuant to
subsection (a) of this Section.
(d) If an employee leaves work pursuant to subsection (a)
of this Section, the employee may elect to use or an employer
may require the employee to use the employee's accrued paid
vacation, personal leave, or sick leave.
(e) An employee who is a crime victim shall not lose
seniority or precedence while absent from employment pursuant
to subsection (a) of this Section.
(f) Before an employee may leave work pursuant to
subsection (a) of this Section, the employee shall do all of
the following:
(1) provide the employer with a copy of the notice
provided to the employee by the appropriate official
pursuant to Section 4.5 of this Act, the information the
appropriate official provides to the employee pursuant to
that Section, a court order the employee is subject to or

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any other proper documentation; and
(2) if applicable, give the employer a copy of the
notice of each scheduled proceeding that is provided to the
victim by the agency that is responsible for providing
notice to the victim.
(g) It is unlawful for an employer or an employer's agent
to refuse to hire or employ, to bar or to discharge from
employment or to discriminate against an individual in
compensation or other terms, conditions or privileges of
employment because the individual exercises the right to leave
work pursuant to subsection (a) of this Section.
(h) Employers shall keep confidential records regarding
the employee's leave pursuant to this Section.
(i) An employer may limit the leave provided under this
Section if the employee's leave creates an undue hardship to
the employer's business.
(j) The prosecutor shall inform the victim of the victim's
rights pursuant to this Section. A victim may notify the
prosecutor if exercising the victim's right to leave under this
Section would create an undue hardship for the victim's
employer. The prosecutor shall communicate the notice to the
court during the scheduling of proceedings where the victim has
the right to be present. The court shall continue to take the
victim's schedule into consideration when scheduling a
proceeding pursuant to subsection (a) of this Section.
(k) For the purposes of this Section, "undue hardship"

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means a significant difficulty and expense to a business and
includes the consideration of the size of the employer's
business and the employer's critical need of the employee.