Public Act 096-1010
 		





HB5976 Enrolled
LRB096 18474 AJO 35626 b





  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 8-802.1 as follows:
 



    (735 ILCS 5/8-802.1)  (from Ch. 110, par. 8-802.1)



    Sec. 8-802.1. Confidentiality of Statements Made to Rape 
Crisis Personnel. 

    (a) Purpose.  This Section is intended to protect victims of 
rape from
public
disclosure of statements they make in 
confidence to counselors of organizations
established to help 
them. On or after July 1, 1984, "rape" means an act of
forced 
sexual penetration or sexual conduct, as defined in Section 
12-12 of
the Criminal Code of 1961, as amended, including acts 
prohibited under
Sections 12-13 through 12-16 of the Criminal 
Code of 1961, as amended.
Because of the fear and stigma that 
often results from those crimes, many
victims hesitate to seek 
help even where it is available at no cost to them.
As a result 
they not only fail to receive needed medical care and emergency

counseling, but may lack the psychological support necessary to 
report the
crime and aid police in preventing future crimes.

    (b) Definitions.  As used in this Act:


        (1) "Rape crisis organization" means any organization 
    or association the
major purpose of which is providing 
    information, counseling, and psychological
support to 
    victims of any or all of the crimes of aggravated criminal 
    sexual
assault, predatory criminal sexual assault of a 
    child, criminal sexual
assault, sexual relations between 
    siblings, criminal
sexual abuse and aggravated criminal 
    sexual abuse.


        (2) "Rape crisis counselor" means a person who is a 
    psychologist,
social worker, employee, or volunteer in any 
    organization or association
defined as a rape crisis 
    organization under this Section, who has undergone 40
hours 
    of training and is under the control of a direct services 
    supervisor of a
rape crisis organization.


        (3) "Victim" means a person who is the subject of, or 
    who seeks
information, counseling, or advocacy services as 
    a result of an aggravated
criminal sexual assault, 
    predatory criminal sexual assault of a child,
criminal 
    sexual assault, sexual relations within
families, criminal 
    sexual abuse, aggravated criminal sexual abuse, sexual

    exploitation of a child, indecent solicitation of a child, 
    public indecency,
exploitation of a child, or an attempt to 
    commit any of these offenses.


        (4) "Confidential communication" means any 
    communication between a
victim and a rape crisis counselor 
    in the course of providing information,
counseling, and 
    advocacy.  The term includes all records kept by the 
    counselor
or by the organization in the course of providing 
    services to an alleged victim
concerning the alleged victim 
    and the services provided.

    (c) Waiver of privilege.


        (1) The confidential nature of the communication is not 
    waived by: the
presence of a third person who further 
    expresses the interests of the victim at
the time of the 
    communication; group counseling; or disclosure to a third

    person with the consent of the victim when reasonably 
    necessary to accomplish
the purpose for which the counselor 
    is consulted.


        (2) The confidential nature of counseling records is 
    not waived when:
the victim inspects the records; or in the 
    case of a minor child less than
12 years of age, a parent 
    or guardian whose interests are not adverse to
the minor 
    inspects the records; or in the case of a minor victim 12 
    years
or older, a parent or guardian whose interests are 
    not adverse to the minor
inspects the records with the 
    victim's consent, or in the case of an adult who has a 
    guardian of his or her person, the guardian inspects the 
    records with the victim's consent.


        (3) When a victim is deceased,  or has been adjudged 
    incompetent by a
court of competent jurisdiction, the 
    victim's guardian or the executor
or administrator of the 
    victim's estate may waive the privilege
established by this 
    Section, unless the guardian, executor, or
administrator 
    has an interest adverse to the victim.


        (4) A minor victim 12 years of age or older may 
    knowingly waive the
privilege established in this Section.  
    When 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,

    unless the parent or guardian has been charged with a 
    violent crime against
the victim or otherwise has any 
    interest adverse to that of the minor with
respect to the 
    waiver of the privilege.

        (5)  An adult victim who has a guardian of his or her 
    person may knowingly waive the privilege established in 
    this Section. When the victim is, in the opinion of the 
    court, incapable of knowingly waiving the privilege, the 
    guardian of the adult victim may waive the privilege on 
    behalf of the victim, unless the guardian has been charged 
    with a violent crime against the victim or otherwise has 
    any interest adverse to the victim with respect to the 
    privilege. 
    (d) Confidentiality.  Except as provided in this Act, no 
rape crisis
counselor shall disclose any confidential 
communication or be examined as a
witness in any civil or 
criminal proceeding as to any confidential
communication 
without the written consent of the victim or a representative 
of
the victim as provided in subparagraph (c).

    (e) A rape crisis counselor may disclose a confidential 
communication
without the consent of the victim if failure to 
disclose is likely to
result in a clear, imminent risk of 
serious physical injury or death of the
victim or another 
person.  Any rape crisis counselor or rape crisis
organization 
participating in good faith in the disclosing of records and

communications under this Act shall have immunity from any 
liability,
civil, criminal, or otherwise that might result from 
the action.
In any proceeding, civil or criminal, arising out 
of a disclosure under
this Section, the good faith of any rape 
crisis counselor
or rape crisis organization who disclosed the 
confidential communication
shall be presumed.

    (f) Any rape crisis counselor who knowingly discloses any 
confidential
communication in violation of this Act commits a 
Class C misdemeanor.

(Source: P.A. 88-33; 89-428, eff. 12-13-95; 89-462, eff. 
5-29-96.)