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90_HB1217eng 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 Engrossed 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 HB1217 Engrossed -2- LRB9003940NTsb 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 the course of any intervention, including steps 29 taken in preparation and implementation, are confidential and 30 privileged and are not subject to discovery or disclosure nor 31 are they admissible in any proceeding including, but not 32 limited to, any civil, administrative, or criminal 33 proceeding, and no person who participates in an intervention 34 shall be permitted or required to testify in any proceeding HB1217 Engrossed -3- LRB9003940NTsb 1 as to any evidence or other matters produced, presented, or 2 considered during an intervention. However, information, 3 documents, or other records otherwise available from original 4 sources are not to be construed as immune from discovery or 5 use in a proceeding merely because they were presented during 6 an intervention. 7 (Source: P.A. 87-213.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.