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| | SB1882 Engrossed | | LRB101 07247 LNS 52285 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 8-802.3 as follows:
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| 6 | | (735 ILCS 5/8-802.3)
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| 7 | | Sec. 8-802.3. Informant's privilege. |
| 8 | | (a) Except as provided in subsection (b), if an individual |
| 9 | | (i) submits information concerning a criminal act to a law |
| 10 | | enforcement agency or to a community organization that acts as |
| 11 | | an intermediary in reporting to law enforcement and (ii) |
| 12 | | requests anonymity, then the identity of that individual is |
| 13 | | privileged and confidential and is not subject to discovery or |
| 14 | | admissible in evidence in a proceeding. |
| 15 | | (b) There is no privilege under subsection (a) if a court, |
| 16 | | after a hearing in camera, finds that the party seeking |
| 17 | | discovery or the proponent of the evidence has shown that: |
| 18 | | (1) the identity of an individual who submits |
| 19 | | information concerning a criminal act is sought or offered |
| 20 | | in a court proceeding involving a felony or misdemeanor; |
| 21 | | (2) the evidence is not otherwise available; and |
| 22 | | (3) nondisclosure infringes upon a constitutional |
| 23 | | right of an accused, or there is a need for the evidence |
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| 1 | | that substantially outweighs the interest in protecting |
| 2 | | confidentiality. |
| 3 | | (b-5) Except as provided in this subsection or under |
| 4 | | subsection (j) of Supreme Court Rule 412, if a defendant's |
| 5 | | counsel seeks to discover the identity of an informant, then |
| 6 | | the defendant's counsel shall file a motion with the court |
| 7 | | alleging a good faith factual basis for believing that the |
| 8 | | prior representation of the informant creates a serious |
| 9 | | potential for an actual conflict of interest. Upon such filing, |
| 10 | | the court: (1) may deny the motion for lack of factual basis; |
| 11 | | or (2) if it finds a sufficiently alleged factual basis, shall |
| 12 | | conduct an in camera hearing with the informant, outside the |
| 13 | | presence of all counsel, to ascertain whether an actual |
| 14 | | conflict of interest exists. A transcript of the in camera |
| 15 | | proceeding shall be made and sealed. After the in camera |
| 16 | | hearing, the court shall: (i) deny the motion if there is no |
| 17 | | basis to conclude that a serious potential for an actual |
| 18 | | conflict exists; or (ii) inform the petitioning counsel that |
| 19 | | his or her continued representation is a conflict. If the court |
| 20 | | concludes that a conflict exists, it shall notify the counsel |
| 21 | | of the nature of the conflict, subject to any condition of |
| 22 | | nondisclosure that the court deems appropriate. |
| 23 | | (c) The court may impose such sanctions as are necessary to |
| 24 | | enforce its order.
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| 25 | | (Source: P.A. 94-174, eff. 1-1-06.)
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| 26 | | Section 99. Effective date. This Act takes effect upon |