SB1429 EngrossedLRB101 08748 LNS 53835 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  



 
4    Section 5. The Code of Civil Procedure is amended by adding 
5Part 29 to Article VIII as follows:
 
6    (735 ILCS 5/Art. VIII Pt. 29 heading new)
7
Part 29.  Immigration Status

 
8    (735 ILCS 5/8-2901 new)
9    Sec. 8-2901. Admissibility of evidence; immigration 
10status.
11    (a) Except as provided in subsection (b), evidence related 
12to a person's immigration status is not admissible in any civil 
13proceeding.
14    (b) Evidence otherwise inadmissible under this Act is 
15admissible if:
16        (1) it is essential to prove an element of a claim or 
17    an affirmative defense;
18        (2) it is offered to prove an interest or bias of a 
19    witness, if it does not cause confusion of the issues or 
20    mislead the trier of fact, and the probative value of the 
21    evidence outweighs its prejudicial nature; or
22        (3) a person or his or her attorney voluntarily reveals 
 
 
SB1429 Engrossed- 2 -LRB101 08748 LNS 53835 b

1    his or her immigration status to the court.
2    (c) A party intending to offer evidence relating to a 
3person's immigration status shall file a written motion at 
4least 14 days before a hearing or a trial specifically 
5describing the evidence and stating the purpose for which it is 
6offered. A court, for good cause, may require a different time 
7for filing or permit filing during trial.
8    Upon receipt of the motion and notice to all parties, the 
9court shall conduct an in camera hearing, with counsel present, 
10limited to review of the probative value of the person's 
11immigration status to the case. If the court finds that the 
12evidence relating to a person's immigration status meets the 
13criteria set forth in paragraph (1), (2), or (3) of subsection 
14(b), the court shall make findings of fact and conclusions of 
15law regarding the permitted use of the evidence.
16    The motion, related papers, and the record of the hearing 
17shall be sealed and remain under seal unless the court orders 
18otherwise.
19    (d) A person may not, with the intent to deter any person 
20or witness from testifying freely, fully, and truthfully to any 
21matter before trial or in any court or before a grand jury, 
22administrative agency, or any other State or local governmental 
23unit, threaten to or actually disclose, directly or indirectly, 
24a person's or witness's immigration status to any entity or any 
25immigration or law enforcement agency. A person who violates 
26this subsection commits a Class C misdemeanor.