State of Illinois
2023 and 2024


Introduced 2/6/2023, by Sen. Celina Villanueva


735 ILCS 5/8-2901

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning immigration status.

LRB103 27740 LNS 54118 b





SB1324LRB103 27740 LNS 54118 b

1    AN ACT concerning immigration.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 8-2901 as follows:
6    (735 ILCS 5/8-2901)
7    Sec. 8-2901. Admissibility of evidence; immigration
9    (a) Except as provided in subsection (b), evidence related
10to a person's immigration status is not admissible in any
11civil proceeding.
12    (b) Evidence otherwise inadmissible under this this Act is
13admissible if:
14        (1) it is essential to prove an element of a claim or
15    an affirmative defense;
16        (2) it is offered to prove an interest or bias of a
17    witness, if it does not cause confusion of the issues or
18    mislead the trier of fact, and the probative value of the
19    evidence outweighs its prejudicial nature; or
20        (3) a person or his or her attorney voluntarily
21    reveals his or her immigration status to the court.
22    (c) A party intending to offer evidence relating to a
23person's immigration status shall file a written motion at



SB1324- 2 -LRB103 27740 LNS 54118 b

1least 14 days before a hearing or a trial specifically
2describing the evidence and stating the purpose for which it
3is offered. A court, for good cause, may require a different
4time for filing or permit filing during trial.
5    Upon receipt of the motion and notice to all parties, the
6court shall conduct an in camera hearing, with counsel
7present, limited to review of the probative value of the
8person's immigration status to the case. If the court finds
9that the evidence relating to a person's immigration status
10meets the criteria set forth in paragraph (1), (2), or (3) of
11subsection (b), the court shall make findings of fact and
12conclusions of law regarding the permitted use of the
14    The motion, related papers, and the record of the hearing
15shall be sealed and remain under seal unless the court orders
17    (d) A person may not, with the intent to deter any person
18or witness from testifying freely, fully, and truthfully to
19any matter before trial or in any court or before a grand jury,
20administrative agency, or any other State or local
21governmental unit, threaten to or actually disclose, directly
22or indirectly, a person's or witness's immigration status to
23any entity or any immigration or law enforcement agency. A
24person who violates this subsection commits a Class C
26(Source: P.A. 101-550, eff. 1-1-20.)