|
|
|
|
HB0598 Enrolled |
|
LRB094 06997 RLC 37118 b |
|
|
| 1 |
| AN ACT concerning privileged communications.
|
| 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 8-802.3 as follows:
|
| 6 |
| (735 ILCS 5/8-802.3 new)
|
| 7 |
| Sec. 8-802.3. Informant's privilege. |
| 8 |
| (a) Except as provided in subsection (b), if an individual |
| 9 |
| (i) submits information concerning a criminal act to a law |
| 10 |
| enforcement agency or to a community organization that acts as |
| 11 |
| an intermediary in reporting to law enforcement and (ii) |
| 12 |
| requests anonymity, then the identity of that individual is |
| 13 |
| privileged and confidential and is not subject to discovery or |
| 14 |
| admissible in evidence in a proceeding. |
| 15 |
| (b) There is no privilege under subsection (a) if a court, |
| 16 |
| after a hearing in camera, finds that the party seeking |
| 17 |
| discovery or the proponent of the evidence has shown that: |
| 18 |
| (1) the identity of an individual who submits |
| 19 |
| information concerning a criminal act is sought or offered |
| 20 |
| in a court proceeding involving a felony or misdemeanor; |
| 21 |
| (2) the evidence is not otherwise available; and |
| 22 |
| (3) nondisclosure infringes upon a constitutional |
| 23 |
| right of an accused, or there is a need for the evidence |
| 24 |
| that substantially outweighs the interest in protecting |
| 25 |
| confidentiality. |
| 26 |
| (c) The court may impose such sanctions as are necessary to |
| 27 |
| enforce its order.
|