Public Act 094-0174
HB0598 Enrolled LRB094 06997 RLC 37118 b

    AN ACT concerning privileged communications.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Civil Procedure is amended by adding
Section 8-802.3 as follows:
    (735 ILCS 5/8-802.3 new)
    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
    (c) The court may impose such sanctions as are necessary to
enforce its order.

Effective Date: 1/1/2006