Public Act 101-0550
SB1429 EnrolledLRB101 08748 LNS 53835 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
Part 29 to Article VIII as follows:
    (735 ILCS 5/Art. VIII Pt. 29 heading new)
Part 29. Immigration Status

    (735 ILCS 5/8-2901 new)
    Sec. 8-2901. Admissibility of evidence; immigration
    (a) Except as provided in subsection (b), evidence related
to a person's immigration status is not admissible in any civil
    (b) Evidence otherwise inadmissible under this Act is
admissible if:
        (1) it is essential to prove an element of a claim or
    an affirmative defense;
        (2) it is offered to prove an interest or bias of a
    witness, if it does not cause confusion of the issues or
    mislead the trier of fact, and the probative value of the
    evidence outweighs its prejudicial nature; or
        (3) a person or his or her attorney voluntarily reveals
    his or her immigration status to the court.
    (c) A party intending to offer evidence relating to a
person's immigration status shall file a written motion at
least 14 days before a hearing or a trial specifically
describing the evidence and stating the purpose for which it is
offered. A court, for good cause, may require a different time
for filing or permit filing during trial.
    Upon receipt of the motion and notice to all parties, the
court shall conduct an in camera hearing, with counsel present,
limited to review of the probative value of the person's
immigration status to the case. If the court finds that the
evidence relating to a person's immigration status meets the
criteria set forth in paragraph (1), (2), or (3) of subsection
(b), the court shall make findings of fact and conclusions of
law regarding the permitted use of the evidence.
    The motion, related papers, and the record of the hearing
shall be sealed and remain under seal unless the court orders
    (d) A person may not, with the intent to deter any person
or witness from testifying freely, fully, and truthfully to any
matter before trial or in any court or before a grand jury,
administrative agency, or any other State or local governmental
unit, threaten to or actually disclose, directly or indirectly,
a person's or witness's immigration status to any entity or any
immigration or law enforcement agency. A person who violates
this subsection commits a Class C misdemeanor.

Effective Date: 1/1/2020