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Public Act 101-0436
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| SB1882 Enrolled | LRB101 07247 LNS 52285 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 8-802.3 as follows:
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(735 ILCS 5/8-802.3)
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Sec. 8-802.3. Informant's privilege. |
(a) Except as provided in subsection (b), if an individual |
(i) submits information concerning a criminal act to a law |
enforcement agency or to a community organization that acts as |
an intermediary in reporting to law enforcement and (ii) |
requests anonymity, then the identity of that individual is |
privileged and confidential and is not subject to discovery or |
admissible in evidence in a proceeding. |
(b) There is no privilege under subsection (a) if a court, |
after a hearing in camera, finds that the party seeking |
discovery or the proponent of the evidence has shown that: |
(1) the identity of an individual who submits |
information concerning a criminal act is sought or offered |
in a court proceeding involving a felony or misdemeanor; |
(2) the evidence is not otherwise available; and |
(3) nondisclosure infringes upon a constitutional |
right of an accused, or there is a need for the evidence |
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that substantially outweighs the interest in protecting |
confidentiality. |
(b-5) Except as provided in this subsection or under |
subsection (j) of Supreme Court Rule 412, if a defendant's |
counsel seeks to discover the identity of an informant, then |
the defendant's counsel shall file a motion with the court |
alleging a good faith factual basis for believing that the |
prior representation of the informant creates a serious |
potential for an actual conflict of interest. Upon such filing, |
the court: (1) may deny the motion for lack of factual basis; |
or (2) if it finds a sufficiently alleged factual basis, shall |
conduct an in camera hearing with the informant, outside the |
presence of all counsel, to ascertain whether an actual |
conflict of interest exists. A transcript of the in camera |
proceeding shall be made and sealed. After the in camera |
hearing, the court shall: (i) deny the motion if there is no |
basis to conclude that a serious potential for an actual |
conflict exists; or (ii) inform the petitioning counsel that |
his or her continued representation is a conflict. If the court |
concludes that a conflict exists, it shall notify the counsel |
of the nature of the conflict, subject to any condition of |
nondisclosure that the court deems appropriate. |
(c) The court may impose such sanctions as are necessary to |
enforce its order.
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(Source: P.A. 94-174, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon |