Public Act 094-0022
HB1079 Enrolled LRB094 06722 LCB 36821 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 adding
Section 8-803.5 as follows:
    (735 ILCS 5/8-803.5 new)
    Sec. 8-803.5. Union agent and union member.
    (a) Except when required in subsection (b) of this Section,
a union agent, during the agency or representative relationship
or after termination of the agency or representative
relationship with the bargaining unit member, shall not be
compelled to disclose, in any court or to any administrative
board or agency arbitration or proceeding, whether civil or
criminal, any information he or she may have acquired in
attending to his or her professional duties or while acting in
his or her representative capacity.
    (b) A union agent may use or reveal information obtained
during the course of fulfilling his or her professional
representative duties:
        (1) to the extent it appears necessary to prevent the
    commission of a crime that is likely to result in a clear,
    imminent risk of serious physical injury or death of
    another person;
        (2) in actions, civil or criminal, against the union
    agent in his or her personal or official representative
    capacity, or against the local union or subordinate body
    thereof or international union or affiliated or
    subordinate body thereof or any agent thereof in their
    personal or official representative capacities;
        (3) when required by court order; or
        (4) when, after full disclosure has been provided, the
    written or oral consent of the bargaining unit member has
    been obtained or, if the bargaining unit member is deceased
    or has been adjudged incompetent by a court of competent
    jurisdiction, the written or oral consent of the bargaining
    unit member's estate.
    (c) In the event of a conflict between the application of
this Section and any federal or State labor law to a specific
situation, the provisions of the federal or State labor law
shall control.

Effective Date: 1/1/2006