(735 ILCS 5/8-802.2)
(from Ch. 110, par. 8-802.2)
Confidentiality of statements made to personnel
counseling victims of violent crimes.
(a) Purpose. This Section is intended to protect victims of violent
crimes from public disclosure of statements they make in confidence to
counselors of organizations established to help them. Because of the fear
and trauma that often results from violent crimes, many victims hesitate
to seek help even where it is available and may therefore lack the
psychological support necessary to report the crime and aid police in
preventing future crimes.
(b) Definitions. As used in this Act, "violent crimes" include, but
are not limited to, any felony in which force or threat of force was used
against the victim or any misdemeanor which results in death or great
bodily harm to the victim.
(c) Confidentiality. Where any victim of a violent crime makes a
statement relating to the crime or its circumstances during the course of
therapy or consultation to any counselor, employee or volunteer of a victim aid
organization, the statement or contents thereof shall not be disclosed by
the organization or any of its personnel unless the maker of the statement
consents in writing or unless otherwise directed pursuant to this Section.
If in any judicial proceeding, a party alleges that such statements are
necessary to the determination of any issue before the court and written
consent to disclosure has not been given, the party may ask the court to
consider the relevance and admissibility of the statements. In such a
case, the court shall hold a hearing in camera on the relevance of the
statements. If the court finds them relevant and admissible to the issue,
the court shall order the statements to be disclosed.
(Source: P.A. 86-538.)