|
|
|
|
HB1079 Enrolled |
|
LRB094 06722 LCB 36821 b |
|
|
| 1 |
| AN ACT concerning civil law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Code of Civil Procedure is amended by adding |
| 5 |
| Section 8-803.5 as follows:
|
| 6 |
| (735 ILCS 5/8-803.5 new) |
| 7 |
| Sec. 8-803.5. Union agent and union member. |
| 8 |
| (a) Except when required in subsection (b) of this Section, |
| 9 |
| a union agent, during the agency or representative relationship |
| 10 |
| or after termination of the agency or representative |
| 11 |
| relationship with the bargaining unit member, shall not be |
| 12 |
| compelled to disclose, in any court or to any administrative |
| 13 |
| board or agency arbitration or proceeding, whether civil or |
| 14 |
| criminal, any information he or she may have acquired in |
| 15 |
| attending to his or her professional duties or while acting in |
| 16 |
| his or her representative capacity. |
| 17 |
| (b) A union agent may use or reveal information obtained |
| 18 |
| during the course of fulfilling his or her professional |
| 19 |
| representative duties:
|
| 20 |
| (1) to the extent it appears necessary to prevent the |
| 21 |
| commission of a crime that is likely to result in a clear, |
| 22 |
| imminent risk of serious physical injury or death of |
| 23 |
| another person;
|
| 24 |
| (2) in actions, civil or criminal, against the union |
| 25 |
| agent in his or her personal or official representative |
| 26 |
| capacity, or against the local union or subordinate body |
| 27 |
| thereof or international union or affiliated or |
| 28 |
| subordinate body thereof or any agent thereof in their |
| 29 |
| personal or official representative capacities;
|
| 30 |
| (3) when required by court order; or
|
| 31 |
| (4) when, after full disclosure has been provided, the |
| 32 |
| written or oral consent of the bargaining unit member has |