(735 ILCS 35/3.5)

Sec. 3.5. Unenforceable foreign subpoenas.

(a) If a request for issuance of a subpoena pursuant to this Act seeks documents or information related to lawful health care activity, as defined in the Lawful Health Care Activity Act, or seeks documents in support of any claim that interferes with rights under the Reproductive Health Act, then the person or entity requesting the subpoena shall include an attestation, signed under penalty of perjury, confirming and identifying that an exemption in subsection (c) applies. Any false attestation submitted under this Section or the failure to submit an attestation required by this Section shall be subject to a statutory penalty of $10,000 per violation. Submission of such attestation shall subject the attestor to the jurisdiction of the courts of this State for any suit, penalty, or damages arising out of a false attestation under this Section.

(b) No clerk of court shall issue a subpoena based on a foreign subpoena that:

(1) requests information or documents related to lawful health care activity, as defined in the Lawful Health Care Activity Act; or

(2) is related to the enforcement of another state's law that would interfere with an individual's rights under the Reproductive Health Act.

(c) A clerk of court may issue the subpoena if the subpoena includes the attestation as described in subsection (a) and the subpoena relates to:

(1) an out-of-state action founded in tort, contract, or statute brought by the patient who sought or received the lawful health care or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient, and for which a similar claim would exist under the laws of this State; or

(2) an out-of-state action founded in contract brought or sought to be enforced by a party with a contractual relationship with the individual whose documents or information are the subject of the subpoena and for which a similar claim would exist under the laws of this State.

(d) Any person or entity served with a subpoena reasonably believed to be issued in violation of this Section shall not comply with the subpoena.

(e) Any person or entity who is the recipient of, or whose lawful health care is the subject of, a subpoena reasonably believed to be issued in violation of this Section may, but is not required to, move to modify or quash the subpoena.

(f) No court shall issue an order compelling a person or entity to comply with a subpoena found to be in violation of this Section.

(g) As used in this Section, "lawful health care" and "lawful health care activity" have the meanings given to those terms in Section 28-10 of the Lawful Health Care Activity Act.

(h) The Supreme Court shall have jurisdiction to adopt rules for the implementation of this Section.

(Source: P.A. 102-1117, eff. 1-13-23.)