SB1738 Enrolled

LRB096 08843 AJO 18978 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Code of Civil Procedure is amended  by 
5
changing Section 8-912 as follows:
 
6
    (735 ILCS 5/8-912)

7
    Sec. 8-912. Interpreter for the deaf and hard of hearing's 
8
privilege.

9
    (a) An "interpreter for the deaf and hard of hearing" is a 
10
person who aids  communication when at least one party to the 
11
communication has a hearing loss.

12
    (b)       An interpreter for the deaf and hard of hearing who 
13
interprets a conversation between a hearing person and a deaf 
14
person is deemed a conduit for the conversation and may not 
15
disclose or be compelled to disclose by subpoena the contents 
16
of the conversation that  he or she  facilitated without the 
17
written consent of all persons involved  who received his or her 
18
professional services.
19
    (c)       All communications that  are recognized by law as 
20
privileged shall remain privileged even in cases where an 
21
interpreter for the deaf and hard of hearing is utilized to 
22
facilitate such communications.
23
    (d)       Communications may be voluntarily disclosed under the  
 


 






SB1738 Enrolled
- 2 -
LRB096 08843 AJO 18978 b




1
following circumstances:
2
        (1)   the formal reporting, conferring, or consulting 
3
    with administrative superiors, colleagues, or consultants 
4
    who share similar professional responsibility, in which 
5
    instance all recipients of such information are similarly 
6
    bound to regard the communication as privileged;
7
        (2)   a person waives the privilege by bringing any 
8
    public charges against an interpreter for the deaf and hard 
9
    of hearing, including a person licensed under the 
10
    Interpreter for the Deaf Licensure Act of 2007; and
11
        (3)   a communication reveals the intended commission of 
12
    a crime or harmful act and such disclosure is judged 
13
    necessary by the interpreter for the deaf and hard of 
14
    hearing to protect any person from a clear, imminent risk 
15
    of serious mental or physical harm or injury or to 
16
    forestall a serious threat to public safety.
17
    (e) (Blank).   Nothing in this Section shall be construed to 
18
prohibit a person licensed under the Interpreter for the Deaf 
19
Licensure Act of 2007 from voluntarily testifying in court 
20
hearings concerning matters of adoption, child abuse, child 
21
neglect, or other matters pertaining to children, except as 
22
provided under the Abused and Neglected Child Reporting Act.


23
(Source: P.A. 95-617, eff. 9-12-07.)