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Public Act 096-1010 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 8-802.1 as follows:
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(735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
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Sec. 8-802.1. Confidentiality of Statements Made to Rape | ||||
Crisis Personnel.
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(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
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counseling, but may lack the psychological support necessary to | ||||
report the
crime and aid police in preventing future crimes.
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(b) Definitions. As used in this Act:
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(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.
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(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.
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(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
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exploitation of a child, indecent solicitation of a child, | ||
public indecency,
exploitation of a child, or an attempt to | ||
commit any of these offenses.
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(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.
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(c) Waiver of privilege.
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(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
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person with the consent of the victim when reasonably | ||
necessary to accomplish
the purpose for which the counselor | ||
is consulted.
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(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 .
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(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.
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(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,
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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.
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(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).
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(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
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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.
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(f) Any rape crisis counselor who knowingly discloses any | ||
confidential
communication in violation of this Act commits a | ||
Class C misdemeanor.
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(Source: P.A. 88-33; 89-428, eff. 12-13-95; 89-462, eff. | ||
5-29-96.)
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