Sen. John J. Cullerton

Filed: 5/11/2004

 

 


 

 


 
09300HB1018sam001 LRB093 05529 RLC 49783 a

1
AMENDMENT TO HOUSE BILL 1018

2     AMENDMENT NO. ______. Amend House Bill 1018 by replacing
3 the title with the following:
4     "AN ACT in relation to crime stoppers programs."; and
 
5 by replacing everything after the enacting clause with the
6 following:
 
7     "Section 1. Short title. This Act may be cited as the
8 Crime Stoppers Program Act.
 
9     Section 5. Definition. In this Act, "crime stoppers
10 program" means a program that meets each of the following
11 requirements:
12     (a) The purpose of the program is to obtain information on
13 persons wanted for crimes and other criminal activity.
14     (b) The program has a law enforcement coordinator who
15 forwards information obtained by the program to the appropriate
16 law enforcement agency.
17     (c) The program allows the person submitting information to
18 remain anonymous.
19     (d) The program operates in conjunction with a law
20 enforcement agency or Office of the State's Attorney.
21     (e) The program has a civilian board of directors, is
22 incorporated in the State of Illinois, and is certified by the
23 Illinois State Crime Stoppers Association.
 

 

 

09300HB1018sam001 - 2 - LRB093 05529 RLC 49783 a

1     Section 10. Certification of programs. The Illinois State
2 Crime Stoppers Association shall certify Crime Stoppers
3 programs in this State. On or after the effective date of this
4 Act, a person or agency that is not a certified Crime Stoppers
5 program may not use the name "Crime Stoppers". The Attorney
6 General may enforce this Section through injunctive or other
7 appropriate relief.
 
8     Section 105. The Code of Civil Procedure is amended by
9 adding Section 8-802.3 as follows:
 
10     (735 ILCS 5/8-802.3 new)
11     Sec. 8-802.3. Privilege for information provided to a
12 Crime Stoppers program.
13     (a) Unless such nondisclosure will infringe the
14 constitutional rights of the accused, the identity of a person
15 who submits information of a criminal act to a Crime Stoppers
16 program is privileged information and may not be disclosed in
17 any judicial or administrative proceeding.
18     (b) Disclosure of information privileged under subsection
19 (a) may be sought by subpoena or through a request for
20 production, notice shall be given to the State's Attorney or
21 other prosecuting authority and the relevant Crime Stoppers
22 program, of the specific information sought upon issuance of
23 the subpoena. Subpoenaed information or information sent
24 through a request for production shall be sent directly to the
25 court and the party responding to a subpoena or a request for
26 production shall give notice to the State's Attorney or other
27 prosecuting authority and the relevant Crime Stoppers program
28 that such material has been sent to a court.
29     (c) If the State's Attorney or other prosecuting authority,
30 or the relevant Crime Stoppers program, objects to the
31 disclosure of the information sought by subpoena or by a

 

 

09300HB1018sam001 - 3 - LRB093 05529 RLC 49783 a

1 request to produce, the court shall conduct an in camera
2 inspection of the information, after which a hearing shall be
3 required before such privileged information is disclosed. The
4 party seeking disclosure of privileged information has the
5 burden of proving by clear and convincing evidence at the
6 hearing that the production of the privileged information is
7 necessary to ensure the constitutional rights of the accused.
8 If no objection is made within 30 days from the date of the
9 notice required to be made by the party responding to the
10 subpoena or request to produce, the court shall release the
11 information to the party seeking its disclosure.
12     (d) Disclosure of the identity of witnesses to be produced
13 at a hearing or trial shall not be denied under this Section.
14 Nothing in this Section shall be construed to require a Crime
15 Stoppers program to acquire or retain personal information from
16 informants wishing to remain anonymous.
17     (e) In this Section, "Crime Stoppers program" means a
18 program certified by the Illinois State Crime Stoppers
19 Association under the Crime Stoppers Program Act.".