|Public Act 102-0100|
|SB0064 Enrolled||LRB102 02812 LNS 12820 b|
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Civil Procedure is amended by
adding Section 804.5 as follows:
(735 ILCS 5/804.5 new)
Parties to a restorative justice practice.
(a) This Section is intended to encourage the use of
restorative justice practices by providing a privilege for
participation in such practices and ensuring that anything
said or done during the practice, or in anticipation of or as a
follow-up to the practice, is privileged and may not be used in
any future proceeding unless the privilege is waived by the
informed consent of the party or parties covered by the
privilege. The General Assembly affords this privilege in
recognition of restorative justice as a powerful tool in
addressing the needs of victims, offenders, and the larger
community in the process of repairing the fabric of community
peace. The General Assembly encourages residents of this State
to employ restorative justice practices, not only in
justiciable matters, but in all aspects of life and law.
(b) As used in this Section:
"Circle" means a versatile restorative practice that can
be used proactively, to develop relationships and build
community, or reactively, to respond to wrongdoing, conflicts,
"Conference" means a structured meeting between offenders,
victims, and both parties' family and friends, in which they
deal with the consequences of a crime or wrongdoing and decide
how best to repair the harm.
"Facilitator" means a person who is trained to facilitate
a restorative justice practice.
"Party" means a person, including a facilitator, an
individual who has caused harm, an individual who has been
harmed, a community member, and any other participant, who
voluntarily consents to participate with others who have
agreed to participate in a restorative justice practice.
"Proceeding" means any legal action subject to this Code,
including, but not limited to, civil, criminal, juvenile, or
"Restorative justice practice" or "practice" means a
gathering, such as a conference or circle, in which parties
who have caused harm or who have been harmed and community
stakeholders collectively gather to identify and repair harm
to the extent possible, address trauma, reduce the likelihood
of further harm, and strengthen community ties by focusing on
the needs and obligations of all parties involved through a
(c) Anything said or done during or in preparation for a
restorative justice practice or as a follow-up to that
practice, or the fact that the practice has been planned or
convened, is privileged and cannot be referred to, used, or
admitted in any civil, criminal, juvenile, or administrative
proceeding unless the privilege is waived, during the
proceeding or in writing, by the party or parties protected by
the privilege. Privileged information is not subject to
discovery or disclosure in any judicial or extrajudicial
Any waiver of privilege is limited to the participation
and communication of the waiving party only, and the
participation or communications of any other participant
remain privileged unless waived by the other participant.
(d) Evidence that is otherwise admissible or subject to
discovery does not become inadmissible or protected from
discovery solely because it was discussed or used in a
restorative justice practice.
(e) The legitimacy of a restorative justice practice, if
challenged in any civil, juvenile, criminal, or administrative
proceeding, shall be determined by a judge. In a hearing
conducted pursuant to this subsection, the judge may consider
information that would otherwise be privileged to the extent
that the information is probative of the issue.
(f) The privilege afforded by this Section does not apply
(1) disclosure is necessary to prevent death, great
bodily harm, or the commission of a crime;
(2) necessary to comply with another law; or
(3) a court, tribunal, or administrative body requires
a report on a restorative justice practice, but such
report shall be limited to the fact that a practice has
taken place, an opinion regarding the success of the
practice, and whether further restorative justice
practices are expected.
(g) This Section applies to all restorative justice
practices that are convened on or after the effective date of
this amendatory Act of the 102nd General Assembly.
This Act takes effect upon