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Public Act 094-0174
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| HB0598 Enrolled |
LRB094 06997 RLC 37118 b |
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AN ACT concerning privileged communications.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by adding |
Section 8-802.3 as follows:
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(735 ILCS 5/8-802.3 new)
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Sec. 8-802.3. Informant's privilege. |
(a) Except as provided in subsection (b), if an individual |
(i) submits information concerning a criminal act to a law |
enforcement agency or to a community organization that acts as |
an intermediary in reporting to law enforcement and (ii) |
requests anonymity, then the identity of that individual is |
privileged and confidential and is not subject to discovery or |
admissible in evidence in a proceeding. |
(b) There is no privilege under subsection (a) if a court, |
after a hearing in camera, finds that the party seeking |
discovery or the proponent of the evidence has shown that: |
(1) the identity of an individual who submits |
information concerning a criminal act is sought or offered |
in a court proceeding involving a felony or misdemeanor; |
(2) the evidence is not otherwise available; and |
(3) nondisclosure infringes upon a constitutional |
right of an accused, or there is a need for the evidence |
that substantially outweighs the interest in protecting |
confidentiality. |
(c) The court may impose such sanctions as are necessary to |
enforce its order.
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