Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE735 ILCS 5/8-802.2
(735 ILCS 5/) Code of Civil Procedure.
(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.)
735 ILCS 5/8-802.3
(735 ILCS 5/8-802.3)
(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 confidentiality.
(c) The court may impose such sanctions as are necessary to enforce its order.
(Source: P.A. 94-174, eff. 1-1-06.)
735 ILCS 5/8-803
(735 ILCS 5/8-803)
(from Ch. 110, par. 8-803)
A clergyman or practitioner of any religious denomination
accredited by the religious body to which
he or she belongs, shall not be compelled to disclose in any court, or to
any administrative board or agency, or to any public officer, a confession
or admission made to him or her in his or her professional character or
as a spiritual advisor in the course of the discipline enjoined by the rules
or practices of such religious body or of the religion which he or she professes,
nor be compelled to divulge any information which has been obtained by him
or her in such professional character or as such spiritual advisor.
(Source: P.A. 82-280.)
735 ILCS 5/8-803.5
(735 ILCS 5/8-803.5)
Union agent and union member.
(a) Except when required in subsection (b) of this Section, a union agent, during the agency or representative relationship or after termination of the agency or representative relationship with the bargaining unit member, shall not be compelled to disclose, in any court or to any administrative board or agency arbitration or proceeding, whether civil or criminal, any information he or she may have acquired in attending to his or her professional duties or while acting in his or her representative capacity.
(b) A union agent may use or reveal information obtained during the course of fulfilling his or her professional representative duties:
(1) to the extent it appears necessary to prevent the
commission of a crime that is likely to result in a clear, imminent risk of serious physical injury or death of another person;
(2) in actions, civil or criminal, against the union
agent in his or her personal or official representative capacity, or against the local union or subordinate body thereof or international union or affiliated or subordinate body thereof or any agent thereof in their personal or official representative capacities;
(3) when required by court order; or
(4) when, after full disclosure has been provided,
the written or oral consent of the bargaining unit member has been obtained or, if the bargaining unit member is deceased or has been adjudged incompetent by a court of competent jurisdiction, the written or oral consent of the bargaining unit member's estate.
(c) In the event of a conflict between the application of this Section and any federal or State labor law to a specific situation, the provisions of the federal or State labor law shall control.
(Source: P.A. 94-22, eff. 1-1-06.)
735 ILCS 5/Art. VIII Pt. 9
(735 ILCS 5/Art. VIII Pt. 9 heading)
735 ILCS 5/8-901
(735 ILCS 5/8-901)
(from Ch. 110, par. 8-901)
Source of information.
No court may compel any person to
disclose the source of any information obtained by a reporter except as
provided in Part 9 of Article VIII of this Act.
(Source: P.A. 84-398.)
735 ILCS 5/8-902
(735 ILCS 5/8-902)
(from Ch. 110, par. 8-902)
As used in this Act:
(a) "Reporter" means any person regularly engaged in the business of
collecting, writing or editing news for publication through a news
medium on a full-time or part-time basis; and includes any person who
was a reporter at the time the information sought was procured or obtained.
(b) "News medium" means any newspaper or other periodical issued at
regular intervals whether in print or electronic format and having a
general circulation; a news service whether in print or electronic format;
a radio station; a television station; a television network; a community
service; and any person or corporation engaged in the making of news
reels or other motion picture news for public showing.
(c) "Source" means the person or means from or through which the news
or information was obtained.
(Source: P.A. 92-335, eff. 8-10-01.)
735 ILCS 5/8-903
(735 ILCS 5/8-903)
(from Ch. 110, par. 8-903)
Application to court.
In any case, except a libel or slander case, where a person claims the
privilege conferred by Part 9 of Article VIII of this
Act, the person or party, body or officer seeking the information so
privileged may apply in writing to the circuit court serving the county
where the hearing, action or proceeding in which the information is
sought for an order divesting the person named therein of such privilege
and ordering him or her to disclose his or her source of the information.
(b) In libel or slander cases where a person claims the privilege
conferred by Part 9 of Article VIII of this Act, the plaintiff may apply in
writing to the court for an order divesting the person named therein of
such privilege and ordering him or her to disclose his or her source of
(Source: P.A. 84-398.)
735 ILCS 5/8-904
(735 ILCS 5/8-904)
(from Ch. 110, par. 8-904)
Contents of application.
The application provided in Section 8-903 of this Act shall allege: the
name of the reporter and of the news medium with which he or she was connected
at the time the information sought was obtained; the specific information
sought and its relevancy to the proceedings; and, either, a specific
public interest which would be adversely affected if the factual
information sought were not disclosed, or, in libel or slander cases, the
necessity of disclosure of the information sought to the proof of
plaintiff's case. Additionally, in libel or slander cases, the plaintiff must
include in the application provided in Section 8-903 a prima facie showing
of falsity of the alleged defamation and actual harm or injury due to the
(Source: P.A. 84-398.)
735 ILCS 5/8-905
(735 ILCS 5/8-905)
(from Ch. 110, par. 8-905)
All proceedings in connection with obtaining
an adjudication upon the
application not otherwise provided in Part 9 of Article VIII of this Act
shall be as in other civil cases.
(Source: P.A. 82-280.)