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HB0598 Engrossed |
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LRB094 06997 RLC 37118 b |
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| AN ACT concerning privileged communications.
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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 adding |
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| Section 8-802.3 as follows:
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| (735 ILCS 5/8-802.3 new)
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| Sec. 8-802.3. Informant's privilege. |
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| (a) Except as provided in subsection (b), if an individual |
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| (i) submits information concerning a criminal act to a law |
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| enforcement agency or to a community organization that acts as |
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| an intermediary in reporting to law enforcement and (ii) |
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| requests anonymity, then the identity of that individual is |
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| privileged and confidential and is not subject to discovery or |
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| admissible in evidence in a proceeding. |
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| (b) There is no privilege under subsection (a) if a court, |
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| after a hearing in camera, finds that the party seeking |
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| discovery or the proponent of the evidence has shown that: |
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| (1) the identity of an individual who submits |
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| information concerning a criminal act is sought or offered |
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| in a court proceeding involving a felony or misdemeanor; |
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| (2) the evidence is not otherwise available; and |
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| (3) nondisclosure infringes upon a constitutional |
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| right of an accused, or there is a need for the evidence |
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| that substantially outweighs the interest in protecting |
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| confidentiality. |
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| (c) The court may impose such sanctions as are necessary to |
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| enforce its order.
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