Illinois General Assembly - Full Text of HB3265
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Full Text of HB3265  102nd General Assembly

HB3265enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3265 EnrolledLRB102 12031 LNS 17367 b

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
5changing 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
8Crisis Personnel.
9    (a) Purpose. This Section is intended to protect victims
10of rape from public disclosure of statements they make in
11confidence to counselors of organizations established to help
12them. On or after July 1, 1984, "rape" means an act of forced
13sexual penetration or sexual conduct, as defined in Section
1411-0.1 of the Criminal Code of 2012, including acts prohibited
15under Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
16of the Criminal Code of 1961 or the Criminal Code of 2012.
17Because of the fear and stigma that often results from those
18crimes, many victims hesitate to seek help even where it is
19available at no cost to them. As a result they not only fail to
20receive needed medical care and emergency counseling, but may
21lack the psychological support necessary to report the crime
22and aid police in preventing future crimes.
23    (b) Definitions. As used in this Act:

 

 

HB3265 Enrolled- 2 -LRB102 12031 LNS 17367 b

1        (1) "Rape crisis organization" means any organization
2    or association a the major purpose of which is providing
3    information, counseling, and psychological support to
4    victims of any or all of the crimes of aggravated criminal
5    sexual assault, predatory criminal sexual assault of a
6    child, criminal sexual assault, sexual relations between
7    siblings, criminal sexual abuse and aggravated criminal
8    sexual abuse. "Rape crisis organization" includes, but is
9    not limited to, rape crisis centers certified by a
10    statewide sexual assault coalition.
11        (2) "Rape crisis counselor" means a person who is a
12    psychologist, social worker, employee, or volunteer in any
13    organization or association defined as a rape crisis
14    organization under this Section, who has undergone 40
15    hours of training and is under the control of a direct
16    services supervisor of a rape crisis organization.
17        (3) "Victim" means a person who is the subject of, or
18    who seeks information, counseling, or advocacy services as
19    a result of an aggravated criminal sexual assault,
20    predatory criminal sexual assault of a child, criminal
21    sexual assault, sexual relations within families, criminal
22    sexual abuse, aggravated criminal sexual abuse, sexual
23    exploitation of a child, indecent solicitation of a child,
24    public indecency, exploitation of a child, promoting
25    juvenile prostitution as described in subdivision (a)(4)
26    of Section 11-14.4, or an attempt to commit any of these

 

 

HB3265 Enrolled- 3 -LRB102 12031 LNS 17367 b

1    offenses.
2        (4) "Confidential communication" means any
3    communication between a victim and a rape crisis counselor
4    in the course of providing information, counseling, and
5    advocacy. The term includes all records kept by the
6    counselor or by the organization in the course of
7    providing services to an alleged victim concerning the
8    alleged victim and the services provided.
9    (c) Waiver of privilege.
10        (1) The confidential nature of the communication is
11    not waived by: the presence of a third person who further
12    expresses the interests of the victim at the time of the
13    communication; group counseling; or disclosure to a third
14    person with the consent of the victim when reasonably
15    necessary to accomplish the purpose for which the
16    counselor is consulted.
17        (2) The confidential nature of counseling records is
18    not waived when: the victim inspects the records; or in
19    the case of a minor child less than 12 years of age, a
20    parent or guardian whose interests are not adverse to the
21    minor inspects the records; or in the case of a minor
22    victim 12 years or older, a parent or guardian whose
23    interests are not adverse to the minor inspects the
24    records with the victim's consent, or in the case of an
25    adult who has a guardian of his or her person, the guardian
26    inspects the records with the victim's consent.

 

 

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1        (3) When a victim is deceased, the executor or
2    administrator of the victim's estate may waive the
3    privilege established by this Section, unless the executor
4    or administrator has an interest adverse to the victim.
5        (4) A minor victim 12 years of age or older may
6    knowingly waive the privilege established in this Section.
7    When a minor is, in the opinion of the Court, incapable of
8    knowingly waiving the privilege, the parent or guardian of
9    the minor may waive the privilege on behalf of the minor,
10    unless the parent or guardian has been charged with a
11    violent crime against the victim or otherwise has any
12    interest adverse to that of the minor with respect to the
13    waiver of the privilege.
14        (5) An adult victim who has a guardian of his or her
15    person may knowingly waive the privilege established in
16    this Section. When the victim is, in the opinion of the
17    court, incapable of knowingly waiving the privilege, the
18    guardian of the adult victim may waive the privilege on
19    behalf of the victim, unless the guardian has been charged
20    with a violent crime against the victim or otherwise has
21    any interest adverse to the victim with respect to the
22    privilege.
23    (d) Confidentiality. Except as provided in this Act, no
24rape crisis counselor shall disclose any confidential
25communication or be examined as a witness in any civil or
26criminal proceeding as to any confidential communication

 

 

HB3265 Enrolled- 5 -LRB102 12031 LNS 17367 b

1without the written consent of the victim or a representative
2of the victim as provided in subparagraph (c).
3    (e) A rape crisis counselor may disclose a confidential
4communication without the consent of the victim if failure to
5disclose is likely to result in a clear, imminent risk of
6serious physical injury or death of the victim or another
7person. Any rape crisis counselor or rape crisis organization
8participating in good faith in the disclosing of records and
9communications under this Act shall have immunity from any
10liability, civil, criminal, or otherwise that might result
11from the action. In any proceeding, civil or criminal, arising
12out of a disclosure under this Section, the good faith of any
13rape crisis counselor or rape crisis organization who
14disclosed the confidential communication shall be presumed.
15    (f) Any rape crisis counselor who knowingly discloses any
16confidential communication in violation of this Act commits a
17Class C misdemeanor.
18(Source: P.A. 96-1010, eff. 1-1-11; 96-1551, eff. 7-1-11;
1997-1150, eff. 1-25-13.)