Rep. Richard P. Myers
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 6289
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2 | AMENDMENT NO. ______. Amend House Bill 6289 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, felony crimes, and other criminal | ||||||
14 | activity.
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15 | (b) The program has a law enforcement coordinator who | ||||||
16 | forwards
information obtained by the program to the appropriate | ||||||
17 | law enforcement
agency.
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18 | (c) The program allows the person submitting information to | ||||||
19 | remain
anonymous.
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20 | (d) The program operates in conjunction with a law | ||||||
21 | enforcement
agency or Office of the State's Attorney.
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22 | (e) The program has a civilian board of directors, is | ||||||
23 | incorporated in
the State of Illinois, and is certified by the |
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1 | Illinois State Crime Stoppers
Association.
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2 | Section 10. Certification of programs. The Illinois State | ||||||
3 | Crime
Stoppers Association shall certify crime stoppers | ||||||
4 | programs in this State.
On and after the effective date of this | ||||||
5 | Act, a person or agency that is not a
certified crime stoppers | ||||||
6 | program may not use the name "crime stoppers".
The Attorney | ||||||
7 | General may enforce this Section through injunctive or other
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8 | appropriate relief.
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9 | Section 105. The Code of Civil Procedure is amended by | ||||||
10 | adding
Section 8-802.3 as follows:
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11 | (735 ILCS 5/8-802.3 new)
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12 | Sec. 8-802.3. Identity of person who submits information to | ||||||
13 | a crime
stoppers program or the phone records of a crime | ||||||
14 | stoppers program; privileged.
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15 | (a) The identity of a person who submits information of a | ||||||
16 | criminal act to a crime stoppers program is privileged | ||||||
17 | information and may not be disclosed in any judicial proceeding | ||||||
18 | unless the nondisclosure will infringe the constitutional | ||||||
19 | rights of the accused.
If disclosure of privileged information | ||||||
20 | is sought, a hearing shall be required before that privileged | ||||||
21 | material is disclosed. The party seeking disclosure of | ||||||
22 | privileged information has the burden of proving by clear and | ||||||
23 | convincing evidence at the hearing that the production of the | ||||||
24 | privileged information is necessary to ensure the | ||||||
25 | constitutional rights of the accused. | ||||||
26 | (b) Telephone records of a crime stoppers program are | ||||||
27 | privileged information and are not subject to disclosure by | ||||||
28 | subpoena or other means unless the nondisclosure will infringe | ||||||
29 | the constitutional rights of the accused.
Before telephone | ||||||
30 | records can be disclosed by subpoena or other means, a hearing | ||||||
31 | shall be held and the party seeking the records has the burden |
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1 | of proving by clear and convincing evidence that the disclosure | ||||||
2 | of telephone records is necessary to ensure the constitutional | ||||||
3 | rights of the accused. ".
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