Full Text of HB3265 102nd General Assembly
HB3265enr 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,
| 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 | 10 | | of 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 | | 11-0.1 of
the Criminal Code of 2012, including acts prohibited | 15 | | under
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 | 16 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 17 | | Because of the fear and stigma that often results from those | 18 | | crimes, many
victims hesitate to seek help even where it is | 19 | | available at no cost to them.
As a result they not only fail to | 20 | | receive needed medical care and emergency
counseling, but may | 21 | | lack the psychological support necessary to report the
crime | 22 | | and aid police in preventing future crimes.
| 23 | | (b) Definitions. As used in this Act:
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| 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 |
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| 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 | 24 | | rape crisis
counselor shall disclose any confidential | 25 | | communication or be examined as a
witness in any civil or | 26 | | criminal proceeding as to any confidential
communication |
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| 1 | | without the written consent of the victim or a representative | 2 | | of
the victim as provided in subparagraph (c).
| 3 | | (e) A rape crisis counselor may disclose a confidential | 4 | | communication
without the consent of the victim if failure to | 5 | | disclose is likely to
result in a clear, imminent risk of | 6 | | serious physical injury or death of the
victim or another | 7 | | person. Any rape crisis counselor or rape crisis
organization | 8 | | participating in good faith in the disclosing of records and
| 9 | | communications under this Act shall have immunity from any | 10 | | liability,
civil, criminal, or otherwise that might result | 11 | | from the action.
In any proceeding, civil or criminal, arising | 12 | | out of a disclosure under
this Section, the good faith of any | 13 | | rape crisis counselor
or rape crisis organization who | 14 | | disclosed the confidential communication
shall be presumed.
| 15 | | (f) Any rape crisis counselor who knowingly discloses any | 16 | | confidential
communication in violation of this Act commits a | 17 | | Class C misdemeanor.
| 18 | | (Source: P.A. 96-1010, eff. 1-1-11; 96-1551, eff. 7-1-11; | 19 | | 97-1150, eff. 1-25-13.)
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