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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
5 changing Section 8-802.1 as follows:
 
6     (735 ILCS 5/8-802.1)  (from Ch. 110, par. 8-802.1)
7     Sec. 8-802.1. Confidentiality of Statements Made to Rape
8 Crisis Personnel.
9     (a) Purpose. This Section is intended to protect victims of
10 rape from public disclosure of statements they make in
11 confidence to counselors of organizations established to help
12 them. On or after July 1, 1984, "rape" means an act of forced
13 sexual penetration or sexual conduct, as defined in Section
14 12-12 of the Criminal Code of 1961, as amended, including acts
15 prohibited under Sections 12-13 through 12-16 of the Criminal
16 Code of 1961, as amended. Because of the fear and stigma that
17 often results from those crimes, many victims hesitate to seek
18 help even where it is available at no cost to them. As a result
19 they not only fail to receive needed medical care and emergency
20 counseling, but may lack the psychological support necessary to
21 report the crime and aid police in preventing future crimes.
22     (b) Definitions. As used in this Act:
23         (1) "Rape crisis organization" means any organization

 

 

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1     or association the major purpose of which is providing
2     information, counseling, and psychological support to
3     victims of any or all of the crimes of aggravated criminal
4     sexual assault, predatory criminal sexual assault of a
5     child, criminal sexual assault, sexual relations between
6     siblings, criminal sexual abuse and aggravated criminal
7     sexual abuse.
8         (2) "Rape crisis counselor" means a person who is a
9     psychologist, social worker, employee, or volunteer in any
10     organization or association defined as a rape crisis
11     organization under this Section, who has undergone 40 hours
12     of training and is under the control of a direct services
13     supervisor of a rape crisis organization.
14         (3) "Victim" means a person who is the subject of, or
15     who seeks information, counseling, or advocacy services as
16     a result of an aggravated criminal sexual assault,
17     predatory criminal sexual assault of a child, criminal
18     sexual assault, sexual relations within families, criminal
19     sexual abuse, aggravated criminal sexual abuse, sexual
20     exploitation of a child, indecent solicitation of a child,
21     public indecency, exploitation of a child, or an attempt to
22     commit any of these offenses.
23         (4) "Confidential communication" means any
24     communication between a victim and a rape crisis counselor
25     in the course of providing information, counseling, and
26     advocacy. The term includes all records kept by the

 

 

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1     counselor or by the organization in the course of providing
2     services to an alleged victim concerning the alleged victim
3     and the services provided.
4     (c) Waiver of privilege.
5         (1) The confidential nature of the communication is not
6     waived by: the presence of a third person who further
7     expresses the interests of the victim at the time of the
8     communication; group counseling; or disclosure to a third
9     person with the consent of the victim when reasonably
10     necessary to accomplish the purpose for which the counselor
11     is consulted.
12         (2) The confidential nature of counseling records is
13     not waived when: the victim inspects the records; or in the
14     case of a minor child less than 12 years of age, a parent
15     or guardian whose interests are not adverse to the minor
16     inspects the records; or in the case of a minor victim 12
17     years or older, a parent or guardian whose interests are
18     not adverse to the minor inspects the records with the
19     victim's consent, or in the case of an adult who has a
20     guardian of his or her person, the guardian inspects the
21     records with the victim's consent.
22         (3) When a victim is deceased, or has been adjudged
23     incompetent by a court of competent jurisdiction, the
24     victim's guardian or the executor or administrator of the
25     victim's estate may waive the privilege established by this
26     Section, unless the guardian, executor, or administrator

 

 

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1     has an interest adverse to the victim.
2         (4) A minor victim 12 years of age or older may
3     knowingly waive the privilege established in this Section.
4     When a minor is, in the opinion of the Court, incapable of
5     knowingly waiving the privilege, the parent or guardian of
6     the minor may waive the privilege on behalf of the minor,
7     unless the parent or guardian has been charged with a
8     violent crime against the victim or otherwise has any
9     interest adverse to that of the minor with respect to the
10     waiver of the privilege.
11         (5) An adult victim who has a guardian of his or her
12     person may knowingly waive the privilege established in
13     this Section. When the victim is, in the opinion of the
14     court, incapable of knowingly waiving the privilege, the
15     guardian of the adult victim may waive the privilege on
16     behalf of the victim, unless the guardian has been charged
17     with a violent crime against the victim or otherwise has
18     any interest adverse to the victim with respect to the
19     privilege.
20     (d) Confidentiality. Except as provided in this Act, no
21 rape crisis counselor shall disclose any confidential
22 communication or be examined as a witness in any civil or
23 criminal proceeding as to any confidential communication
24 without the written consent of the victim or a representative
25 of the victim as provided in subparagraph (c).
26     (e) A rape crisis counselor may disclose a confidential

 

 

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1 communication without the consent of the victim if failure to
2 disclose is likely to result in a clear, imminent risk of
3 serious physical injury or death of the victim or another
4 person. Any rape crisis counselor or rape crisis organization
5 participating in good faith in the disclosing of records and
6 communications under this Act shall have immunity from any
7 liability, civil, criminal, or otherwise that might result from
8 the action. In any proceeding, civil or criminal, arising out
9 of a disclosure under this Section, the good faith of any rape
10 crisis counselor or rape crisis organization who disclosed the
11 confidential communication shall be presumed.
12     (f) Any rape crisis counselor who knowingly discloses any
13 confidential communication in violation of this Act commits a
14 Class C misdemeanor.
15 (Source: P.A. 88-33; 89-428, eff. 12-13-95; 89-462, eff.
16 5-29-96.)