HB0049 94TH GENERAL ASSEMBLY

LRB094 03827 RLC 33838 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0049

Introduced 1/3/2005, by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

New Act
735 ILCS 5/8-802.3 new

Creates the Crime Stoppers Program Act. Provides for the certification of Crime Stoppers Programs by the Illinois State Crime Stoppers Association. Provides that a person or agency that is not a certified Crime Stoppers program may not use the name "Crime Stoppers". Provides that the Attorney General may enforce this provision through injunctive or other appropriate relief. Amends the Code of Civil Procedure. Provides that unless such nondisclosure will infringe the constitutional rights of the accused, the identity of a person who submits information of a criminal act to a Crime Stoppers program is privileged information and may not be disclosed in any judicial or administrative proceeding. Establishes procedures for the disclosure of that information. Provides that disclosure of the identity of witnesses to be produced at a hearing or trial shall not be denied. Provides that this provision shall not be construed to require a Crime Stoppers program to acquire or retain personal information from informants wishing to remain anonymous.

A BILL FOR

AN ACT concerning Crime Stoppers programs.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Crime Stoppers Program Act.

Section 5. Definition. In this Act, "Crime Stoppers program" means a program that meets each of the following requirements:

(a) The purpose of the program is to obtain information on persons wanted for crimes and other criminal activity.

(b) The program has a law enforcement coordinator who forwards information obtained by the program to the appropriate law enforcement agency.

(c) The program allows the person submitting information to remain anonymous.

(d) The program operates in conjunction with a law enforcement agency or Office of the State's Attorney.

(e) The program has a civilian board of directors, is incorporated in the State of Illinois, and is certified by the Illinois State Crime Stoppers Association.

Section 10. Certification of programs. The Illinois State Crime Stoppers Association shall certify Crime Stoppers programs in this State. On or after the effective date of this Act, a person or agency that is not a certified Crime Stoppers program may not use the name "Crime Stoppers". The Attorney General may enforce this Section through injunctive or other appropriate relief.

Section 105. 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. Privilege for information provided to a Crime Stoppers program.

(a) Unless such nondisclosure will infringe the constitutional rights of the accused, the identity of a person who submits information of a criminal act to a Crime Stoppers program is privileged information and may not be disclosed in any judicial or administrative proceeding.

(b) Disclosure of information privileged under subsection (a) may be sought by subpoena or through a request for production, notice shall be given to the State's Attorney or other prosecuting authority and the relevant Crime Stoppers program, of the specific information sought upon issuance of the subpoena. Subpoenaed information or information sent through a request for production shall be sent directly to the court and the party responding to a subpoena or a request for production shall give notice to the State's Attorney or other prosecuting authority and the relevant Crime Stoppers program that such material has been sent to a court.

(c) If the State's Attorney or other prosecuting authority, or the relevant Crime Stoppers program, objects to the disclosure of the information sought by subpoena or by a request to produce, the court shall conduct an in camera inspection of the information, after which a hearing shall be required before such privileged information is disclosed. The party seeking disclosure of privileged information has the burden of proving by clear and convincing evidence at the hearing that the production of the privileged information is necessary to ensure the constitutional rights of the accused. If no objection is made within 30 days from the date of the notice required to be made by the party responding to the subpoena or request to produce, the court shall release the information to the party seeking its disclosure.

(d) Disclosure of the identity of witnesses to be produced at a hearing or trial shall not be denied under this Section. Nothing in this Section shall be construed to require a Crime Stoppers program to acquire or retain personal information from informants wishing to remain anonymous.

(e) In this Section, "Crime Stoppers program" means a program certified by the Illinois State Crime Stoppers Association under the Crime Stoppers Program Act.