Public Act 096-0552
 
SB1738 Enrolled LRB096 08843 AJO 18978 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 8-912 as follows:
 
    (735 ILCS 5/8-912)
    Sec. 8-912. Interpreter for the deaf and hard of hearing's
privilege.
    (a) An "interpreter for the deaf and hard of hearing" is a
person who aids communication when at least one party to the
communication has a hearing loss.
    (b) An interpreter for the deaf and hard of hearing who
interprets a conversation between a hearing person and a deaf
person is deemed a conduit for the conversation and may not
disclose or be compelled to disclose by subpoena the contents
of the conversation that he or she facilitated without the
written consent of all persons involved who received his or her
professional services.
    (c) All communications that are recognized by law as
privileged shall remain privileged even in cases where an
interpreter for the deaf and hard of hearing is utilized to
facilitate such communications.
    (d) Communications may be voluntarily disclosed under the
following circumstances:
        (1) the formal reporting, conferring, or consulting
    with administrative superiors, colleagues, or consultants
    who share similar professional responsibility, in which
    instance all recipients of such information are similarly
    bound to regard the communication as privileged;
        (2) a person waives the privilege by bringing any
    public charges against an interpreter for the deaf and hard
    of hearing, including a person licensed under the
    Interpreter for the Deaf Licensure Act of 2007; and
        (3) a communication reveals the intended commission of
    a crime or harmful act and such disclosure is judged
    necessary by the interpreter for the deaf and hard of
    hearing to protect any person from a clear, imminent risk
    of serious mental or physical harm or injury or to
    forestall a serious threat to public safety.
    (e) (Blank). Nothing in this Section shall be construed to
prohibit a person licensed under the Interpreter for the Deaf
Licensure Act of 2007 from voluntarily testifying in court
hearings concerning matters of adoption, child abuse, child
neglect, or other matters pertaining to children, except as
provided under the Abused and Neglected Child Reporting Act.
(Source: P.A. 95-617, eff. 9-12-07.)