(750 ILCS 60/227)
(from Ch. 40, par. 2312-27)
Privileged communications between domestic violence
counselors and victims.
(a) As used in this Section:
(1) "Domestic violence program" means any unit of
local government, organization, or association whose major purpose is to provide one or more of the following: information, crisis intervention, emergency shelter, referral, counseling, advocacy, or emotional support to victims of domestic violence.
(2) "Domestic violence advocate or counselor" means
any person (A) who has undergone a minimum of forty hours of training in domestic violence advocacy, crisis intervention, and related areas, and (B) who provides services to victims through a domestic violence program either on an employed or volunteer basis.
(3) "Confidential communication" means any
communication between an alleged victim of domestic violence and a domestic violence advocate or counselor in the course of providing information, counseling, or advocacy. The term includes all records kept by the advocate or counselor or by the domestic violence program in the course of providing services to an alleged victim concerning the alleged victim and the services provided. The confidential nature of the communication is not waived by the presence at the time of the communication of any additional persons, including but not limited to an interpreter, to further express the interests of the domestic violence victim or by the advocate's or counselor's disclosure to such an additional person with the consent of the victim when reasonably necessary to accomplish the purpose for which the advocate or counselor is consulted.
(4) "Domestic violence victim" means any person who
consults a domestic violence counselor for the purpose of securing advice, counseling or assistance related to one or more alleged incidents of domestic violence.
(5) "Domestic violence" means abuse as defined in
(b) No domestic violence advocate or counselor shall disclose any
confidential communication or be examined as a witness in any civil or criminal
case or proceeding or in any legislative or administrative proceeding
without the written consent of the domestic violence victim except (1) in accordance with the
provisions of the Abused and Neglected Child Reporting Act or (2) in
cases where failure to disclose is likely to result in an imminent risk of
serious bodily harm or death of the victim or another person.
(c) A domestic violence advocate or counselor who
knowingly discloses any confidential communication in violation of this Act
commits a Class A misdemeanor.
(d) When a domestic violence victim is deceased or has been adjudged
incompetent by a court of competent jurisdiction, the guardian of the
domestic violence victim or the executor or administrator of the estate of the
may waive the privilege established by this
Section, except where the guardian, executor or administrator of the estate
has been charged with a violent crime against the domestic violence victim
or has had an Order of Protection entered against him or her at the request
of or on behalf of the domestic violence victim or otherwise has an
interest adverse to that of the domestic violence victim with respect to
the waiver of the privilege.
In that case, the court shall appoint an attorney for the estate of the
domestic violence victim.
(e) A minor may knowingly waive the privilege established by this
Section. Where a minor is, in the opinion of the court, incapable of
knowingly waiving the privilege, the parent or guardian of the minor may
waive the privilege on behalf of the minor, except where such parent or
guardian has been charged with a violent crime against the minor or has had
an Order of Protection entered against him or her on request of or on
behalf of the minor or otherwise has any interest adverse to that of the
minor with respect to the waiver of the privilege.
In that case, the court shall appoint an attorney for the minor child who
shall be compensated in accordance with Section 506 of the Illinois
Marriage and Dissolution of Marriage Act.
(f) Nothing in this Section shall be construed to limit in any way any
privilege that might otherwise exist under statute or common law.
(g) The assertion of any privilege under this Section shall not result in an inference unfavorable to
the State's cause or to the cause of the domestic violence victim.
(Source: P.A. 99-642, eff. 7-28-16.)