|
|
||||
| Public Act 096-0552 |
||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
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 | ||||
changing Section 8-912 as follows: | ||||
(735 ILCS 5/8-912)
| ||||
Sec. 8-912. Interpreter for the deaf and hard of hearing's | ||||
privilege.
| ||||
(a) An "interpreter for the deaf and hard of hearing" is a | ||||
person who aids communication when at least one party to the | ||||
communication has a hearing loss.
| ||||
(b) An interpreter for the deaf and hard of hearing who | ||||
interprets a conversation between a hearing person and a deaf | ||||
person is deemed a conduit for the conversation and may not | ||||
disclose or be compelled to disclose by subpoena the contents | ||||
of the conversation that he or she facilitated without the | ||||
written consent of all persons involved who received his or her | ||||
professional services. | ||||
(c) All communications that are recognized by law as | ||||
privileged shall remain privileged even in cases where an | ||||
interpreter for the deaf and hard of hearing is utilized to | ||||
facilitate such communications. | ||||
(d) Communications may be voluntarily disclosed under the | ||||
following circumstances: | ||
(1) the formal reporting, conferring, or consulting | ||
with administrative superiors, colleagues, or consultants | ||
who share similar professional responsibility, in which | ||
instance all recipients of such information are similarly | ||
bound to regard the communication as privileged; | ||
(2) a person waives the privilege by bringing any | ||
public charges against an interpreter for the deaf and hard | ||
of hearing, including a person licensed under the | ||
Interpreter for the Deaf Licensure Act of 2007; and | ||
(3) a communication reveals the intended commission of | ||
a crime or harmful act and such disclosure is judged | ||
necessary by the interpreter for the deaf and hard of | ||
hearing to protect any person from a clear, imminent risk | ||
of serious mental or physical harm or injury or to | ||
forestall a serious threat to public safety. | ||
(e) (Blank). Nothing in this Section shall be construed to | ||
prohibit a person licensed under the Interpreter for the Deaf | ||
Licensure Act of 2007 from voluntarily testifying in court | ||
hearings concerning matters of adoption, child abuse, child | ||
neglect, or other matters pertaining to children, except as | ||
provided under the Abused and Neglected Child Reporting Act.
| ||
(Source: P.A. 95-617, eff. 9-12-07.)
| ||