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90_HB1217enr
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
HB1217 Enrolled LRB9003940NTsb
1 AN ACT concerning civil immunity, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Local Governmental and Governmental
5 Employees Tort Immunity Act is amended by adding Section
6 2-214 as follows:
7 (745 ILCS 10/2-214 new)
8 Sec. 2-214. Court volunteer.
9 (a) In this Section, "volunteer" means a person
10 performing uncompensated services for a court pursuant to a
11 court order, under a program certified by the Chief Judge of
12 the circuit as a court volunteer program.
13 (b) A volunteer is not liable for his or her act or
14 omission in performing volunteer services pursuant to a court
15 order, under a program certified by the Chief Judge of the
16 circuit as a court volunteer program, unless the act or
17 omission constitutes willful and wanton conduct.
18 Section 5. The Alcoholism and Drug Addiction Intervenor
19 and Reporter Immunity Law is amended by changing Section 4 as
20 follows:
21 (745 ILCS 35/4) (from Ch. 70, par. 654)
22 Sec. 4. Immunity.
23 (a) Any trained intervenor or fact-reporter who
24 participates in an intervention shall not be liable in tort
25 for any personal injuries caused by any act or omission in
26 the course of an intervention unless the act or omission
27 constitutes willful or wanton misconduct, and no such
28 intervenor or fact-reporter shall be liable for any cause of
29 action in the nature of invasion of privacy, infliction of
HB1217 Enrolled -2- LRB9003940NTsb
1 emotional distress, interference with family or business
2 relationships, or defamation, unless that person acted with
3 actual malice or willful intent to injure the subject of the
4 intervention.
5 (b) No public or private organization or agency, or any
6 officer, director, trustee, employee, consultant, or agent of
7 any such entity, that sponsors, authorizes, supports,
8 finances, or supervises the training of intervenors or
9 fact-reporters shall be liable for damages in any civil
10 action based on the training of intervenors, unless the
11 allegedly wrongful act or omission constitutes willful or
12 wanton misconduct. In addition, no such entity or person
13 shall be liable for any cause of action in the nature of
14 invasion of privacy, infliction of emotional distress,
15 interference with family or business relationships, or
16 defamation, unless that entity or person acted with actual
17 malice or willful intent to injure the subject of the
18 intervention.
19 (c) No person who instructs a course for intervenors or
20 fact-reporters shall be liable for damages in any civil
21 action based on the acts or omissions of an intervenor or
22 fact-reporter who received instruction on interventions by
23 that instructor, unless the instruction given by such
24 instructor constitutes willful or wanton misconduct. In
25 addition, no such instructor shall be liable for any cause of
26 action in the nature of invasion of privacy, infliction of
27 emotional distress, interference with family or business
28 relationships, or defamation, unless that instructor acted
29 with actual malice or willful intent to injure the subject of
30 the intervention.
31 (d) Any fact-reporter who encourages an individual or an
32 individual's family members to seek treatment or who, as part
33 of the intervention process, makes a report in good faith to
34 a trained intervenor of any conduct that reasonably appears
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1 to indicate that an individual suffers from alcoholism or
2 drug addiction shall have immunity from any liability, civil
3 or criminal or otherwise, that might result as a consequence
4 of making such a report, unless the person making the report
5 is subject to a privilege recognized by the law of this
6 State. The good faith of any fact-reporter making such a
7 report shall be a rebuttable presumption.
8 (e) All reports, findings, proceedings, and data
9 relating to the course of any intervention, including steps
10 taken in preparation and implementation, are confidential and
11 privileged and are not subject to discovery or disclosure nor
12 are they admissible in any proceeding including, but not
13 limited to, any civil, administrative, or criminal
14 proceeding, and no person who participates in an intervention
15 shall be permitted or required to testify in any proceeding
16 as to any evidence or other matters produced, presented, or
17 considered during an intervention. However, information,
18 documents, or other records otherwise available from original
19 sources are not to be construed as immune from discovery or
20 use in a proceeding merely because they were presented during
21 an intervention.
22 (Source: P.A. 87-213.)
23 Section 10. The Good Samaritan Act is amended by adding
24 Section 12 as follows:
25 (745 ILCS 49/12 new)
26 Sec. 12. Use of an automatic external defibrillator;
27 exemption from civil liability for emergency care. Any
28 person who has successfully completed the training
29 requirements of a course in basic emergency care of a person
30 in cardiac arrest that:
31 (i) included training in the operation and use of an
32 automatic external defibrillator; and
HB1217 Enrolled -4- LRB9003940NTsb
1 (ii) was conducted in accordance with the standards
2 of the American Heart Association,
3 and who, in good faith, not for compensation, renders
4 emergency medical care involving the use of an automatic
5 external defibrillator in accordance with his or her
6 training is not liable for any civil damages as a result of
7 any act or omission, except for willful and wanton
8 misconduct, by that person in rendering that care.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.