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91_HB1973
LRB9104972DJcd
1 AN ACT to amend the Code of Civil Procedure by adding
2 Section 8-804.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 adding Section 8-804 as follows:
7 (735 ILCS 5/8-804 new)
8 Sec. 8-804. Deliberative process.
9 (a) This Section is intended to ensure the frank exchange
10 of advice and opinions in the course of governmental
11 decision-making and policy-making.
12 (b) In any action, a unit of State or local government or
13 a school district or community college district may not be
14 required to disclose in discovery any confidential advice
15 given by intragovernmental communication to persons involved
16 in making decisions and policy for the unit of government or
17 district. The privilege established under this Section
18 applies to intragovernmental documents reflecting advisory
19 opinions, recommendations, and deliberations comprising part
20 of a process by which governmental decisions and policies for
21 the unit of government or district are formulated. The
22 privilege does not apply to (i) factual aspects of
23 communications made before the unit of government or district
24 makes a final decision on the matter under consideration or
25 (ii) communications made after the unit of government or
26 district makes a final decision on the matter under
27 consideration.
28 (c) Notwithstanding any other provision of this Section,
29 a unit of State or local government or a school district or
30 community college district must disclose in discovery a
31 document otherwise privileged under this Section if the party
-2- LRB9104972DJcd
1 requesting production of the document establishes a
2 particularized need for the document.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.