96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1738


 
Introduced 2/19/2009, by Sen. Deanna Demuzio
 
SYNOPSIS AS INTRODUCED:
 		













735 ILCS 5/8-912










    Amends provisions of  the Code of Civil Procedure relating to privileged communications. Deletes language providing that the privilege  of an interpreter for the deaf and hard of hearing shall not 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 otherwise provided.
















LRB096 08843 AJO 18978 b

















 


 


A BILL FOR









 











SB1738

LRB096 08843 AJO 18978 b






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    AN ACT concerning civil law.

 
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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 
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changing Section 8-912 as follows:
 
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    (735 ILCS 5/8-912)

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    Sec. 8-912. Interpreter for the deaf and hard of hearing's 
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privilege.

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    (a) An "interpreter for the deaf and hard of hearing" is a 
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person who aids  communication when at least one party to the 
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communication has a hearing loss.

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    (b)       An interpreter for the deaf and hard of hearing who 
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interprets a conversation between a hearing person and a deaf 
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person is deemed a conduit for the conversation and may not 
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disclose or be compelled to disclose by subpoena the contents 
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of the conversation that  he or she  facilitated without the 
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written consent of all persons involved  who received his or her 
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professional services.
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    (c)       All communications that  are recognized by law as 
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privileged shall remain privileged even in cases where an 
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interpreter for the deaf and hard of hearing is utilized to 
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facilitate such communications.
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    (d)       Communications may be voluntarily disclosed under the  
 


 






SB1738
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LRB096 08843 AJO 18978 b




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following circumstances:
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        (1)   the formal reporting, conferring, or consulting 
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    with administrative superiors, colleagues, or consultants 
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    who share similar professional responsibility, in which 
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    instance all recipients of such information are similarly 
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    bound to regard the communication as privileged;
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        (2)   a person waives the privilege by bringing any 
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    public charges against an interpreter for the deaf and hard 
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    of hearing, including a person licensed under the 
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    Interpreter for the Deaf Licensure Act of 2007; and
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        (3)   a communication reveals the intended commission of 
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    a crime or harmful act and such disclosure is judged 
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    necessary by the interpreter for the deaf and hard of 
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    hearing to protect any person from a clear, imminent risk 
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    of serious mental or physical harm or injury or to 
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    forestall a serious threat to public safety.
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    (e) (Blank).   Nothing in this Section shall be construed to 
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prohibit a person licensed under the Interpreter for the Deaf 
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Licensure Act of 2007 from voluntarily testifying in court 
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hearings concerning matters of adoption, child abuse, child 
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neglect, or other matters pertaining to children, except as 
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provided under the Abused and Neglected Child Reporting Act.


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(Source: P.A. 95-617, eff. 9-12-07.)