Sen. John J. Cullerton
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 1018
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2 | AMENDMENT NO. ______. Amend House Bill 1018 by replacing | ||||||
3 | the title with the following:
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4 | "AN ACT in relation to crime stoppers programs."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 1. Short title. This Act may be cited as the | ||||||
8 | Crime Stoppers
Program Act.
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9 | Section 5. Definition. In this Act, "crime stoppers | ||||||
10 | program" means a
program that meets each of the following | ||||||
11 | requirements:
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12 | (a) The purpose of the program is to obtain information on | ||||||
13 | persons
wanted for crimes and other criminal activity.
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14 | (b) The program has a law enforcement coordinator who | ||||||
15 | forwards
information obtained by the program to the appropriate | ||||||
16 | law enforcement
agency.
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17 | (c) The program allows the person submitting information to | ||||||
18 | remain
anonymous.
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19 | (d) The program operates in conjunction with a law | ||||||
20 | enforcement
agency or Office of the State's Attorney.
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21 | (e) The program has a civilian board of directors, is | ||||||
22 | incorporated in
the State of Illinois, and is certified by the | ||||||
23 | Illinois State Crime Stoppers
Association.
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1 | Section 10. Certification of programs. The Illinois State | ||||||
2 | Crime
Stoppers Association shall certify Crime Stoppers | ||||||
3 | programs in this State.
On or after the effective date of this | ||||||
4 | Act, a person or agency that is not a
certified Crime Stoppers | ||||||
5 | program may not use the name "Crime Stoppers".
The Attorney | ||||||
6 | General may enforce this Section through injunctive or other
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7 | appropriate relief.
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8 | Section 105. The Code of Civil Procedure is amended by | ||||||
9 | adding
Section 8-802.3 as follows:
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10 | (735 ILCS 5/8-802.3 new)
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11 | Sec. 8-802.3. Privilege for information provided to a | ||||||
12 | Crime Stoppers program.
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13 | (a) Unless such nondisclosure will infringe the | ||||||
14 | constitutional rights of the accused, the identity of a person | ||||||
15 | who submits information of a criminal act to a Crime Stoppers | ||||||
16 | program is privileged information and may not be disclosed in | ||||||
17 | any judicial or administrative proceeding. | ||||||
18 | (b) Disclosure of information privileged under subsection | ||||||
19 | (a) may be sought by subpoena or through a request for | ||||||
20 | production, notice shall be given to the State's Attorney or | ||||||
21 | other prosecuting authority and the relevant Crime Stoppers | ||||||
22 | program, of the specific information sought upon issuance of | ||||||
23 | the subpoena. Subpoenaed information or information sent | ||||||
24 | through a request for production shall be sent directly to the | ||||||
25 | court and the party responding to a subpoena or a request for | ||||||
26 | production shall give notice to the State's Attorney or other | ||||||
27 | prosecuting authority and the relevant Crime Stoppers program | ||||||
28 | that such material has been sent to a court. | ||||||
29 | (c) If the State's Attorney or other prosecuting authority, | ||||||
30 | or the relevant Crime Stoppers program, objects to the | ||||||
31 | disclosure of the information sought by subpoena or by a |
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1 | request to produce, the court shall conduct an in camera | ||||||
2 | inspection of the information, after which a hearing shall be | ||||||
3 | required before such privileged information is disclosed. The | ||||||
4 | party seeking disclosure of privileged information has the | ||||||
5 | burden of proving by clear and convincing evidence at the | ||||||
6 | hearing that the production of the privileged information is | ||||||
7 | necessary to ensure the constitutional rights of the accused. | ||||||
8 | If no objection is made within 30 days from the date of the | ||||||
9 | notice required to be made by the party responding to the | ||||||
10 | subpoena or request to produce, the court shall release the | ||||||
11 | information to the party seeking its disclosure. | ||||||
12 | (d) Disclosure of the identity of witnesses to be produced | ||||||
13 | at a hearing or trial shall not be denied under this Section. | ||||||
14 | Nothing in this Section shall be construed to require a Crime | ||||||
15 | Stoppers program to acquire or retain personal information from | ||||||
16 | informants wishing to remain anonymous. | ||||||
17 | (e) In this Section, "Crime Stoppers program" means a | ||||||
18 | program certified by the Illinois State Crime Stoppers | ||||||
19 | Association under the Crime Stoppers Program Act. ".
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