Bill > HB3311

This bill, known as the Protect Survivors Reporting Act, amends the Illinois Code of Civil Procedure by creating a new Article XXIV addressing gender-based violence, which aims to protect survivors who report their experiences from potential retaliatory lawsuits. The bill defines gender-based violence broadly, including acts of domestic abuse, sexual assault, harassment, and stalking, and establishes a legal mechanism that allows survivors to more easily dispose of civil claims against them when they report such violence. If a survivor is sued after reporting gender-based violence, the court must grant a motion to dismiss the claim unless the responding party can provide clear and convincing evidence that the report was made with actual malice (meaning the survivor knowingly made a false statement or showed reckless disregard for the truth). The bill also provides for expedited court hearings, suspends discovery during the motion process, and mandates that a prevailing moving party (the survivor) receive reasonable attorney's fees, costs, and potentially treble and punitive damages. Conversely, if the claim is not dismissed, the responding party may be entitled to similar financial remedies. The legislation emphasizes protecting survivors' constitutional rights to report violence and aims to prevent the legal system from being used to silence victims.

Justice

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3311&GAID=18&DocTypeID=HB&SessionID=114&GA=104