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| | SB1429 Enrolled | - 2 - | LRB101 08748 LNS 53835 b |
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1 | | his or her immigration status to the court. |
2 | | (c) A party intending to offer evidence relating to a |
3 | | person's immigration status shall file a written motion at |
4 | | least 14 days before a hearing or a trial specifically |
5 | | describing the evidence and stating the purpose for which it is |
6 | | offered. A court, for good cause, may require a different time |
7 | | for filing or permit filing during trial. |
8 | | Upon receipt of the motion and notice to all parties, the |
9 | | court shall conduct an in camera hearing, with counsel present, |
10 | | limited to review of the probative value of the person's |
11 | | immigration status to the case. If the court finds that the |
12 | | evidence relating to a person's immigration status meets the |
13 | | criteria set forth in paragraph (1), (2), or (3) of subsection |
14 | | (b), the court shall make findings of fact and conclusions of |
15 | | law regarding the permitted use of the evidence. |
16 | | The motion, related papers, and the record of the hearing |
17 | | shall be sealed and remain under seal unless the court orders |
18 | | otherwise. |
19 | | (d) A person may not, with the intent to deter any person |
20 | | or witness from testifying freely, fully, and truthfully to any |
21 | | matter before trial or in any court or before a grand jury, |
22 | | administrative agency, or any other State or local governmental |
23 | | unit, threaten to or actually disclose, directly or indirectly, |
24 | | a person's or witness's immigration status to any entity or any |
25 | | immigration or law enforcement agency. A person who violates |
26 | | this subsection commits a Class C misdemeanor. |