Public Act 90-0746 of the 90th General Assembly
Public Act 90-0746
HB1217 Enrolled LRB9003940NTsb
AN ACT concerning civil immunity, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by adding Section
2-214 as follows:
(745 ILCS 10/2-214 new)
Sec. 2-214. Court volunteer.
(a) In this Section, "volunteer" means a person
performing uncompensated services for a court pursuant to a
court order, under a program certified by the Chief Judge of
the circuit as a court volunteer program.
(b) A volunteer is not liable for his or her act or
omission in performing volunteer services pursuant to a court
order, under a program certified by the Chief Judge of the
circuit as a court volunteer program, unless the act or
omission constitutes willful and wanton conduct.
Section 5. The Alcoholism and Drug Addiction Intervenor
and Reporter Immunity Law is amended by changing Section 4 as
follows:
(745 ILCS 35/4) (from Ch. 70, par. 654)
Sec. 4. Immunity.
(a) Any trained intervenor or fact-reporter who
participates in an intervention shall not be liable in tort
for any personal injuries caused by any act or omission in
the course of an intervention unless the act or omission
constitutes willful or wanton misconduct, and no such
intervenor or fact-reporter shall be liable for any cause of
action in the nature of invasion of privacy, infliction of
emotional distress, interference with family or business
relationships, or defamation, unless that person acted with
actual malice or willful intent to injure the subject of the
intervention.
(b) No public or private organization or agency, or any
officer, director, trustee, employee, consultant, or agent of
any such entity, that sponsors, authorizes, supports,
finances, or supervises the training of intervenors or
fact-reporters shall be liable for damages in any civil
action based on the training of intervenors, unless the
allegedly wrongful act or omission constitutes willful or
wanton misconduct. In addition, no such entity or person
shall be liable for any cause of action in the nature of
invasion of privacy, infliction of emotional distress,
interference with family or business relationships, or
defamation, unless that entity or person acted with actual
malice or willful intent to injure the subject of the
intervention.
(c) No person who instructs a course for intervenors or
fact-reporters shall be liable for damages in any civil
action based on the acts or omissions of an intervenor or
fact-reporter who received instruction on interventions by
that instructor, unless the instruction given by such
instructor constitutes willful or wanton misconduct. In
addition, no such instructor shall be liable for any cause of
action in the nature of invasion of privacy, infliction of
emotional distress, interference with family or business
relationships, or defamation, unless that instructor acted
with actual malice or willful intent to injure the subject of
the intervention.
(d) Any fact-reporter who encourages an individual or an
individual's family members to seek treatment or who, as part
of the intervention process, makes a report in good faith to
a trained intervenor of any conduct that reasonably appears
to indicate that an individual suffers from alcoholism or
drug addiction shall have immunity from any liability, civil
or criminal or otherwise, that might result as a consequence
of making such a report, unless the person making the report
is subject to a privilege recognized by the law of this
State. The good faith of any fact-reporter making such a
report shall be a rebuttable presumption.
(e) All reports, findings, proceedings, and data
relating to the course of any intervention, including steps
taken in preparation and implementation, are confidential and
privileged and are not subject to discovery or disclosure nor
are they admissible in any proceeding including, but not
limited to, any civil, administrative, or criminal
proceeding, and no person who participates in an intervention
shall be permitted or required to testify in any proceeding
as to any evidence or other matters produced, presented, or
considered during an intervention. However, information,
documents, or other records otherwise available from original
sources are not to be construed as immune from discovery or
use in a proceeding merely because they were presented during
an intervention.
(Source: P.A. 87-213.)
Section 10. The Good Samaritan Act is amended by adding
Section 12 as follows:
(745 ILCS 49/12 new)
Sec. 12. Use of an automatic external defibrillator;
exemption from civil liability for emergency care. Any
person who has successfully completed the training
requirements of a course in basic emergency care of a person
in cardiac arrest that:
(i) included training in the operation and use of an
automatic external defibrillator; and
(ii) was conducted in accordance with the standards
of the American Heart Association,
and who, in good faith, not for compensation, renders
emergency medical care involving the use of an automatic
external defibrillator in accordance with his or her
training is not liable for any civil damages as a result of
any act or omission, except for willful and wanton
misconduct, by that person in rendering that care.
Section 99. Effective date. This Act takes effect upon
becoming law.