Illinois General Assembly - Full Text of HB0598
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Full Text of HB0598  94th General Assembly



HB0598 Enrolled LRB094 06997 RLC 37118 b

1     AN ACT concerning privileged communications.
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 adding
5 Section 8-802.3 as follows:
6     (735 ILCS 5/8-802.3 new)
7     Sec. 8-802.3. Informant's privilege.
8     (a) Except as provided in subsection (b), if an individual
9 (i) submits information concerning a criminal act to a law
10 enforcement agency or to a community organization that acts as
11 an intermediary in reporting to law enforcement and (ii)
12 requests anonymity, then the identity of that individual is
13 privileged and confidential and is not subject to discovery or
14 admissible in evidence in a proceeding.
15     (b) There is no privilege under subsection (a) if a court,
16 after a hearing in camera, finds that the party seeking
17 discovery or the proponent of the evidence has shown that:
18         (1) the identity of an individual who submits
19     information concerning a criminal act is sought or offered
20     in a court proceeding involving a felony or misdemeanor;
21         (2) the evidence is not otherwise available; and
22         (3) nondisclosure infringes upon a constitutional
23     right of an accused, or there is a need for the evidence
24     that substantially outweighs the interest in protecting
25     confidentiality.
26     (c) The court may impose such sanctions as are necessary to
27 enforce its order.