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90_HB1217
745 ILCS 35/4 from Ch. 70, par. 654
Amends the Alcoholism and Drug Addiction Intervenor and
Reporter Immunity Law to provide that all reports, findings,
proceedings, and data relating to an intervention are
confidential and privileged and are not subject to discovery
or disclosure nor are they admissible in any proceeding.
Provides that no person who participates in an intervention
shall be permitted or required to testify in any proceeding
as to any evidence or other matters produced, presented, or
considered during an intervention. Effective immediately.
LRB9003940NTsb
LRB9003940NTsb
1 AN ACT to amend the Alcoholism and Drug Addiction
2 Intervenor and Reporter Immunity Law by changing Section 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Alcoholism and Drug Addiction Intervenor
6 and Reporter Immunity Law is amended by changing Section 4 as
7 follows:
8 (745 ILCS 35/4) (from Ch. 70, par. 654)
9 Sec. 4. Immunity.
10 (a) Any trained intervenor or fact-reporter who
11 participates in an intervention shall not be liable in tort
12 for any personal injuries caused by any act or omission in
13 the course of an intervention unless the act or omission
14 constitutes willful or wanton misconduct, and no such
15 intervenor or fact-reporter shall be liable for any cause of
16 action in the nature of invasion of privacy, infliction of
17 emotional distress, interference with family or business
18 relationships, or defamation, unless that person acted with
19 actual malice or willful intent to injure the subject of the
20 intervention.
21 (b) No public or private organization or agency, or any
22 officer, director, trustee, employee, consultant, or agent of
23 any such entity, that sponsors, authorizes, supports,
24 finances, or supervises the training of intervenors or
25 fact-reporters shall be liable for damages in any civil
26 action based on the training of intervenors, unless the
27 allegedly wrongful act or omission constitutes willful or
28 wanton misconduct. In addition, no such entity or person
29 shall be liable for any cause of action in the nature of
30 invasion of privacy, infliction of emotional distress,
31 interference with family or business relationships, or
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1 defamation, unless that entity or person acted with actual
2 malice or willful intent to injure the subject of the
3 intervention.
4 (c) No person who instructs a course for intervenors or
5 fact-reporters shall be liable for damages in any civil
6 action based on the acts or omissions of an intervenor or
7 fact-reporter who received instruction on interventions by
8 that instructor, unless the instruction given by such
9 instructor constitutes willful or wanton misconduct. In
10 addition, no such instructor shall be liable for any cause of
11 action in the nature of invasion of privacy, infliction of
12 emotional distress, interference with family or business
13 relationships, or defamation, unless that instructor acted
14 with actual malice or willful intent to injure the subject of
15 the intervention.
16 (d) Any fact-reporter who encourages an individual or an
17 individual's family members to seek treatment or who, as part
18 of the intervention process, makes a report in good faith to
19 a trained intervenor of any conduct that reasonably appears
20 to indicate that an individual suffers from alcoholism or
21 drug addiction shall have immunity from any liability, civil
22 or criminal or otherwise, that might result as a consequence
23 of making such a report, unless the person making the report
24 is subject to a privilege recognized by the law of this
25 State. The good faith of any fact-reporter making such a
26 report shall be a rebuttable presumption.
27 (e) All reports, findings, proceedings, and data
28 relating to any intervention are confidential and privileged
29 and are not subject to discovery or disclosure nor are they
30 admissible in any proceeding including, but not limited to,
31 any civil or criminal proceeding, and no person who
32 participates in an intervention shall be permitted or
33 required to testify in any proceeding as to any evidence or
34 other matters produced, presented, or considered during an
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1 intervention. However, information, documents, or other
2 records otherwise available from original sources are not to
3 be construed as immune from discovery or use in a proceeding
4 merely because they were presented during an intervention,
5 nor should any person participating in an intervention be
6 prevented from testifying as to matters otherwise within the
7 person's knowledge.
8 (Source: P.A. 87-213.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.