Full Text of HB1458 101st General Assembly
HB1458 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB1458 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| |
Amends the Code of Civil Procedure. Defines "communication" and "restorative justice practice". Provides that communications received by a party in preparation for, during, or after a restorative justice practice are inadmissible in court unless the privilege is: waived by the party or parties about whom the communication concerns; subject to certain exemptions; or used in furtherance of a criminal act.
|
| |
| | A BILL FOR |
|
| | | HB1458 | | LRB101 06902 LNS 51934 b |
|
| 1 | | AN ACT concerning civil procedure.
| 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 8-804.5 as follows: | 6 | | (735 ILCS 5/8-804.5 new) | 7 | | Sec. 8-804.5. Parties to a restorative justice practice. | 8 | | (a) This Section is intended to encourage the use of | 9 | | restorative justice practices by providing a privilege for such | 10 | | participation and ensuring that anything communicated during | 11 | | the practice is strictly confidential, and will not be used | 12 | | against the parties in any future court proceedings without | 13 | | their informed consent. This Section further intends to codify | 14 | | that the privilege within a restorative justice practice shall | 15 | | only be waived by informed consent of the party or parties | 16 | | about whom the participation or communication concerns. The | 17 | | General Assembly affords this privilege in recognition of | 18 | | restorative justice as a powerful tool in addressing the needs | 19 | | of victims, offenders, and the larger community in the process | 20 | | of repairing the fabric of community peace. The General | 21 | | Assembly further encourages residents of this State to employ | 22 | | restorative justice practices, not only in justiciable | 23 | | matters, but in all aspects of life and law. |
| | | HB1458 | - 2 - | LRB101 06902 LNS 51934 b |
|
| 1 | | (b) As used in this Section: | 2 | | "Communication" mean any information received by a | 3 | | party in preparation for, during, or received after a | 4 | | restorative justice practice. | 5 | | "Restorative justice practice" means a convening, such | 6 | | as victim-offender mediation, peace circle, or other | 7 | | conflict resolution sessions, in which parties who have | 8 | | caused harm, parties who have been harmed, or community | 9 | | stakeholders collectively gather to identify harm, repair | 10 | | harm to the extent possible, address trauma, reduce the | 11 | | likelihood of further harm, or strengthen community ties by | 12 | | focusing on the needs and obligations of all parties | 13 | | involved through a participatory process. | 14 | | (c) If a restorative justice practice is convened, neither | 15 | | the fact that it has been convened, nor anything said or done | 16 | | within the practice, is admissible in any court, unless this | 17 | | privilege is: | 18 | | (1) waived, in court or in writing, by the party or | 19 | | parties about whom the information relates; | 20 | | (2) subject to one or more of the exemptions in | 21 | | subsection (f); or | 22 | | (3) used in furtherance of a criminal act. | 23 | | Any waiver is limited to the participation and | 24 | | communication of that party only, and the participation or | 25 | | communications of any other participants remain confidential | 26 | | and privileged unless waived by the other parties. This |
| | | HB1458 | - 3 - | LRB101 06902 LNS 51934 b |
|
| 1 | | information is not subject to discovery or disclosure in any | 2 | | judicial or extra-judicial proceedings. | 3 | | (d) Evidence that is otherwise admissible or subject to | 4 | | discovery does not become inadmissible or protected from | 5 | | discovery solely because it was discussed or used in a | 6 | | restorative justice practice. | 7 | | (e) The legitimacy of the restorative justice practice, if | 8 | | challenged in any civil, juvenile, criminal, or administrative | 9 | | proceeding, shall be determined by the judge. The judge, in a | 10 | | hearing conducted pursuant to this subsection, may consider | 11 | | information that would otherwise be privileged to the extent | 12 | | that the information is probative of the issue. | 13 | | (f) No party to a restorative justice practice shall reveal | 14 | | information relating to the practice unless the party or | 15 | | parties about whom the information relates waives this | 16 | | privilege in court or in writing, or the disclosure is | 17 | | otherwise permitted by this Section. | 18 | | (1) Nothing with respect to this privilege shall | 19 | | preclude a party to a restorative justice practice from | 20 | | revealing information: | 21 | | (i) if that person reasonably believes it is | 22 | | necessary to prevent death or great bodily harm; | 23 | | (ii) to comply with other law; | 24 | | (iii) to report on a restorative justice practice | 25 | | session taking place in order to comply with a | 26 | | court-related program; however, this report shall be |
| | | HB1458 | - 4 - | LRB101 06902 LNS 51934 b |
|
| 1 | | limited to the fact that a practice has taken place, an | 2 | | opinion regarding the success of the practice, and if | 3 | | further proceedings are to follow. The specific | 4 | | communications elicited in the practice shall not be | 5 | | reported to the court unless waived by the appropriate | 6 | | parties; or | 7 | | (iv) to comply with a court order following a | 8 | | hearing that considers the following factors: | 9 | | (A) the ease of obtaining the information | 10 | | through other methods; | 11 | | (B) the need for the information; and | 12 | | (C) the interest in protecting the privacy of | 13 | | restorative justice practices. | 14 | | (2) A party may reveal information relating to the | 15 | | practice to the extent that the person reasonably believes | 16 | | disclosure is necessary to prevent a participant from | 17 | | committing a crime in circumstances other than those | 18 | | specified in subparagraph (i) of paragraph (1). | 19 | | (3) Any party to a restorative justice practice who, by | 20 | | reason of his or her employment or profession, is legally | 21 | | required to report information shall not be relieved of | 22 | | that duty based on this privilege.
|
|