SB1738 Engrossed

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 Engrossed
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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.)