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Public Act 102-0469


 

Public Act 0469 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0469
 
HB3265 EnrolledLRB102 12031 LNS 17367 b

    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 8-802.1 as follows:
 
    (735 ILCS 5/8-802.1)  (from Ch. 110, par. 8-802.1)
    Sec. 8-802.1. Confidentiality of Statements Made to Rape
Crisis Personnel.
    (a) Purpose. This Section is intended to protect victims
of rape from public disclosure of statements they make in
confidence to counselors of organizations established to help
them. On or after July 1, 1984, "rape" means an act of forced
sexual penetration or sexual conduct, as defined in Section
11-0.1 of the Criminal Code of 2012, including acts prohibited
under Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of the Criminal Code of 1961 or the Criminal Code of 2012.
Because of the fear and stigma that often results from those
crimes, many victims hesitate to seek help even where it is
available at no cost to them. As a result they not only fail to
receive needed medical care and emergency counseling, but may
lack the psychological support necessary to report the crime
and aid police in preventing future crimes.
    (b) Definitions. As used in this Act:
        (1) "Rape crisis organization" means any organization
    or association a the major purpose of which is providing
    information, counseling, and psychological support to
    victims of any or all of the crimes of aggravated criminal
    sexual assault, predatory criminal sexual assault of a
    child, criminal sexual assault, sexual relations between
    siblings, criminal sexual abuse and aggravated criminal
    sexual abuse. "Rape crisis organization" includes, but is
    not limited to, rape crisis centers certified by a
    statewide sexual assault coalition.
        (2) "Rape crisis counselor" means a person who is a
    psychologist, social worker, employee, or volunteer in any
    organization or association defined as a rape crisis
    organization under this Section, who has undergone 40
    hours of training and is under the control of a direct
    services supervisor of a rape crisis organization.
        (3) "Victim" means a person who is the subject of, or
    who seeks information, counseling, or advocacy services as
    a result of an aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual assault, sexual relations within families, criminal
    sexual abuse, aggravated criminal sexual abuse, sexual
    exploitation of a child, indecent solicitation of a child,
    public indecency, exploitation of a child, promoting
    juvenile prostitution as described in subdivision (a)(4)
    of Section 11-14.4, or an attempt to commit any of these
    offenses.
        (4) "Confidential communication" means any
    communication between a victim and a rape crisis counselor
    in the course of providing information, counseling, and
    advocacy. The term includes all records kept by the
    counselor or by the organization in the course of
    providing services to an alleged victim concerning the
    alleged victim and the services provided.
    (c) Waiver of privilege.
        (1) The confidential nature of the communication is
    not waived by: the presence of a third person who further
    expresses the interests of the victim at the time of the
    communication; group counseling; or disclosure to a third
    person with the consent of the victim when reasonably
    necessary to accomplish the purpose for which the
    counselor is consulted.
        (2) The confidential nature of counseling records is
    not waived when: the victim inspects the records; or in
    the case of a minor child less than 12 years of age, a
    parent or guardian whose interests are not adverse to the
    minor inspects the records; or in the case of a minor
    victim 12 years or older, a parent or guardian whose
    interests are not adverse to the minor inspects the
    records with the victim's consent, or in the case of an
    adult who has a guardian of his or her person, the guardian
    inspects the records with the victim's consent.
        (3) When a victim is deceased, the executor or
    administrator of the victim's estate may waive the
    privilege established by this Section, unless the executor
    or administrator has an interest adverse to the victim.
        (4) A minor victim 12 years of age or older may
    knowingly waive the privilege established in this Section.
    When a minor is, in the opinion of the Court, incapable of
    knowingly waiving the privilege, the parent or guardian of
    the minor may waive the privilege on behalf of the minor,
    unless the parent or guardian has been charged with a
    violent crime against the victim or otherwise has any
    interest adverse to that of the minor with respect to the
    waiver of the privilege.
        (5) An adult victim who has a guardian of his or her
    person may knowingly waive the privilege established in
    this Section. When the victim is, in the opinion of the
    court, incapable of knowingly waiving the privilege, the
    guardian of the adult victim may waive the privilege on
    behalf of the victim, unless the guardian has been charged
    with a violent crime against the victim or otherwise has
    any interest adverse to the victim with respect to the
    privilege.
    (d) Confidentiality. Except as provided in this Act, no
rape crisis counselor shall disclose any confidential
communication or be examined as a witness in any civil or
criminal proceeding as to any confidential communication
without the written consent of the victim or a representative
of the victim as provided in subparagraph (c).
    (e) A rape crisis counselor may disclose a confidential
communication without the consent of the victim if failure to
disclose is likely to result in a clear, imminent risk of
serious physical injury or death of the victim or another
person. Any rape crisis counselor or rape crisis organization
participating in good faith in the disclosing of records and
communications under this Act shall have immunity from any
liability, civil, criminal, or otherwise that might result
from the action. In any proceeding, civil or criminal, arising
out of a disclosure under this Section, the good faith of any
rape crisis counselor or rape crisis organization who
disclosed the confidential communication shall be presumed.
    (f) Any rape crisis counselor who knowingly discloses any
confidential communication in violation of this Act commits a
Class C misdemeanor.
(Source: P.A. 96-1010, eff. 1-1-11; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)

Effective Date: 1/1/2022