HB6289ham001 93RD GENERAL ASSEMBLY

Rep. Richard P. Myers

Filed: 3/31/2004

09300HB6289ham001 LRB093 14604 RLC 49236 a

AMENDMENT TO HOUSE BILL 6289

AMENDMENT NO. ______. Amend House Bill 6289 by replacing the title with the following:

"AN ACT in relation to crime stoppers programs."; and

by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Crime Stoppers Program Act.

Section 5. Definition. In this Act, "crime stoppers program" means a program that meets each of the following requirements:

(a) The purpose of the program is to obtain information on persons wanted for crimes, felony crimes, and other criminal activity.

(b) The program has a law enforcement coordinator who forwards information obtained by the program to the appropriate law enforcement agency.

(c) The program allows the person submitting information to remain anonymous.

(d) The program operates in conjunction with a law enforcement agency or Office of the State's Attorney.

(e) The program has a civilian board of directors, is incorporated in the State of Illinois, and is certified by the Illinois State Crime Stoppers Association.

Section 10. Certification of programs. The Illinois State Crime Stoppers Association shall certify crime stoppers programs in this State. On and after the effective date of this Act, a person or agency that is not a certified crime stoppers program may not use the name "crime stoppers". The Attorney General may enforce this Section through injunctive or other appropriate relief.

Section 105. The Code of Civil Procedure is amended by adding Section 8-802.3 as follows:

(735 ILCS 5/8-802.3 new)

Sec. 8-802.3. Identity of person who submits information to a crime stoppers program or the phone records of a crime stoppers program; privileged.

(a) The identity of a person who submits information of a criminal act to a crime stoppers program is privileged information and may not be disclosed in any judicial proceeding unless the nondisclosure will infringe the constitutional rights of the accused. If disclosure of privileged information is sought, a hearing shall be required before that privileged material is disclosed. The party seeking disclosure of privileged information has the burden of proving by clear and convincing evidence at the hearing that the production of the privileged information is necessary to ensure the constitutional rights of the accused.

(b) Telephone records of a crime stoppers program are privileged information and are not subject to disclosure by subpoena or other means unless the nondisclosure will infringe the constitutional rights of the accused. Before telephone records can be disclosed by subpoena or other means, a hearing shall be held and the party seeking the records has the burden of proving by clear and convincing evidence that the disclosure of telephone records is necessary to ensure the constitutional rights of the accused.".