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HB 5078

CIV PRO-GENDER-BASED VIOLENCE

104th Regular Session Introduced by Murri Briel and 15 co-sponsors

Creates a fast-track rule to dismiss civil claims based on survivors’ reports of gender-based violence unless falsity is proven, shielding reporters.

First Reading
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Bill Summary · HB 5078

Summary of HB 5078 (Illinois, 104th General Assembly)

Purpose and Policy Intent

HB 5078, titled the Protect Survivors Reporting Act, creates a new civil-procedure framework aimed at protecting individuals who report gender-based violence from legal retaliation in civil actions. The bill treats reporting as a right and seeks to prevent respondents from chilling disclosures through defamation, harassment, or related claims. It emphasizes that reporting gender-based violence is protected by the Illinois Constitution and the U.S. Constitution.

Key Provisions

New Article: Gender-Based Violence (Article XXIV)

  • Added to the Illinois Code of Civil Procedure (735 ILCS 5).

Sec. 24-105. Declaration of Public Policy

  • Establishes gender-based violence as a pervasive societal problem.
  • Acknowledges survivors are often silenced by fear of retaliation (including defamation or similar claims) and that reporting is a protected right.

Sec. 24-110. Definitions

  • Defines important terms for the Article:
    • “Claim”: any lawsuit, action, claim, crossclaim, counterclaim, or other judicial pleading.
    • “Gender-based violence”: acts satisfying criminal or civil offenses based on actual or perceived sex/gender, including domestic violence, dating violence, human trafficking, sexual assault, sexual abuse, sexual harassment, or stalking.
    • “Motion”: any motion to dismiss, for summary judgment, to strike, or similar pleading.
    • “Moving party” and “Responding party”: roles in motions to dispose of a claim.
    • “Reporting gender-based violence”: making disclosures to authorities, employers, educational institutions, public entities, media, or other persons in various formats.
    • “Person”: broad definition including individuals and various entities.

Sec. 24-115. Applicability

  • Applies to any motion to dispose of a claim that is based on or related to the moving party’s reporting of gender-based violence.
  • If a civil action is based on the moving party’s reporting, courts must dismiss the claim unless the responding party proves by a preponderance of the evidence that the report was knowingly false or made with reckless disregard for falsity.

Sec. 24-120. Motion Procedure and Standards

  • Timelines: A hearing and decision on the motion must occur within 90 days after notice to the responding party. Appellate review for denial or failure to rule is expedited.
  • Discovery: Generally suspended pending the motion decision, but limited discovery is allowed on whether the report was knowingly false or reckless.

Sec. 24-125. Attorney’s Fees, Costs, and Injunctive Relief on the Motion

  • If the moving party prevails on the motion, the court may award reasonable attorney’s fees and costs, injunctive relief if requested, and treble damages for harm caused by the action (including punitive damages).

Sec. 24-130. Damages in the Case

  • If the claim is not dismissed under 24-115, a prevailing defendant may recover attorney’s fees, costs, treble damages, punitive damages, injunctive relief, or other available relief.

Sec. 24-135. Construction

  • Clarifies that this Article does not restrict other rights and should be construed liberally to effectuate its purposes.
  • Applies to actions commenced on or after the Act’s effective date.

Procedural and Timeline Considerations

  • Effective date: Upon becoming law.
  • Applies to actions filed or commenced on or after the effective date.
  • Criterion-based dismissal: A claim based on reporting gender-based violence is dismissed unless the moving party’s report is shown to be knowingly false or made with reckless disregard.

Potential Impact

  • Provides a robust procedural mechanism to shield survivors from civil litigation intended to silence or intimidate them for reporting gender-based violence.
  • Creates expedited handling of motions to dismiss related to reporting, with strong potential monetary consequences for losing parties (attorney’s fees, costs, treble damages, punitive damages, injunctive relief).
  • Could influence defendants’ behavior in civil cases involving allegations of gender-based violence, defamation, harassment, and related claims by offering a potential early dismissal path and significant remedies for the moving party.

Compiled from official sources — confirm details with the bill’s official record.

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