Sen. Ram Villivalam
Filed: 3/15/2019
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1429




2    AMENDMENT NO. ______. Amend Senate Bill 1429 by replacing 
3everything after the enacting clause with the following:


 
4    "Section 5. The Code of Civil Procedure is amended by 
5adding Part 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:
 
 
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1        (1) it is essential to prove an element of a claim or 
2    an affirmative defense;
3        (2) it is offered to prove an interest or bias of a 
4    witness, if it does not cause confusion of the issues or 
5    mislead the trier of fact, and the probative value of the 
6    evidence outweighs its prejudicial nature; or
7        (3) a person or his or her attorney voluntarily reveals 
8    his or her immigration status to the court.
9    (c) A party intending to offer evidence relating to a 
10person's immigration status shall file a written motion at 
11least 14 days before a hearing or a trial that specifically 
12describes the evidence, states the purpose for which it is 
13offered, and explains why it is essential to a claim or 
14affirmative defense or is probative of an interest or bias of a 
15witness, unless the court, for good cause, requires a different 
16time for filing or permits filing during trial.
17    Upon receipt of the motion and notice to all parties, the 
18court shall conduct an in camera hearing, with counsel present, 
19limited to review of the probative value of the person's 
20immigration status to the case. If the court finds that the 
21evidence relating to a person's immigration status meets the 
22criteria set forth in paragraph (1), (2), or (3) of subsection 
23(b), the court shall make findings of fact and conclusions of 
24law regarding the permitted use of the evidence.
25    The motion, related papers, and the record of the hearing 
26shall be sealed and remain under seal unless the court orders 
 
 
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1otherwise.
2    (d) A person may not, with the intent to deter any person 
3or witness from testifying freely, fully, and truthfully to any 
4matter before trial or in any court or before a grand jury, 
5administrative agency, or any other State or local governmental 
6unit, threaten to or actually disclose, directly or indirectly, 
7a person's or witness's immigration status to any entity or any 
8immigration or law enforcement agency. A person who violates 
9this subsection commits a Class C misdemeanor.".