Illinois General Assembly - Full Text of HB3248
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Full Text of HB3248  102nd General Assembly




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1    AN ACT concerning civil law.
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
5adding Section 804.5 as follows:
6    (735 ILCS 5/804.5 new)
7    Sec. 804.5. Parties to a restorative justice practice.
8    (a) This Section is intended to encourage the use of
9restorative justice practices by providing a privilege for
10participation in such practices and ensuring that anything
11said or done during the practice, or in anticipation of or as a
12follow-up to the practice, is privileged and may not be used in
13any future proceeding unless the privilege is waived by the
14informed consent of the party or parties covered by the
15privilege. The General Assembly affords this privilege in
16recognition of restorative justice as a powerful tool in
17addressing the needs of victims, offenders, and the larger
18community in the process of repairing the fabric of community
19peace. The General Assembly encourages residents of this State
20to employ restorative justice practices, not only in
21justiciable matters, but in all aspects of life and law.
22    (b) As used in this Section:
23    "Circle" means a versatile restorative practice that can



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1be used proactively, to develop relationships and build
2community, or reactively, to respond to wrongdoing, conflicts,
3and problems.
4    "Conference" means a structured meeting between offenders,
5victims, and both parties' family and friends, in which they
6deal with the consequences of a crime or wrongdoing and decide
7how best to repair the harm.
8    "Facilitator" means a person who is trained to facilitate
9a restorative justice practice.
10    "Party" means a person, including a facilitator, an
11individual who has caused harm, an individual who has been
12harmed, a community member, and any other participant, who
13voluntarily consents to participate with others who have
14agreed to participate in a restorative justice practice.
15    "Proceeding" means any legal action subject to this Code,
16including, but not limited to, civil, criminal, juvenile, or
17administrative hearings.
18    "Restorative justice practice" or "practice" means a
19gathering, such as a conference or circle, in which parties
20who have caused harm or who have been harmed and community
21stakeholders collectively gather to identify and repair harm
22to the extent possible, address trauma, reduce the likelihood
23of further harm, and strengthen community ties by focusing on
24the needs and obligations of all parties involved through a
25participatory process.
26    (c) Anything said or done during or in preparation for a



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1restorative justice practice or as a follow-up to that
2practice, or the fact that the practice has been planned or
3convened, is privileged and cannot be referred to, used, or
4admitted in any civil, criminal, juvenile, or administrative
5proceeding unless the privilege is waived, during the
6proceeding or in writing, by the party or parties protected by
7the privilege. Privileged information is not subject to
8discovery or disclosure in any judicial or extrajudicial
10    Any waiver of privilege is limited to the participation
11and communication of the waiving party only, and the
12participation or communications of any other participant
13remain privileged unless waived by the other participant.
14    (d) Evidence that is otherwise admissible or subject to
15discovery does not become inadmissible or protected from
16discovery solely because it was discussed or used in a
17restorative justice practice.
18    (e) The legitimacy of a restorative justice practice, if
19challenged in any civil, juvenile, criminal, or administrative
20proceeding, shall be determined by a judge. In a hearing
21conducted pursuant to this subsection, the judge may consider
22information that would otherwise be privileged to the extent
23that the information is probative of the issue.
24    (f) The privilege afforded by this Section does not apply
26        (1) disclosure is necessary to prevent death, great



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1    bodily harm, or the commission of a crime;
2        (2) necessary to comply with another law; or
3        (3) a court, tribunal, or administrative body requires
4    a report on a restorative justice practice, but such
5    report shall be limited to the fact that a practice has
6    taken place, an opinion regarding the success of the
7    practice, and whether further restorative justice
8    practices are expected.
9    (g) This Section applies to all restorative justice
10practices that are convened on or after the effective date of
11this amendatory Act of the 102nd General Assembly.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.