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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ Senate Amendment 001 ]||[ Senate Amendment 002 ]|
90_HB1217enr 745 ILCS 35/4 from Ch. 70, par. 654 Amends the Alcoholism and Drug Addiction Intervenor and Reporter Immunity Law to provide that all reports, findings, proceedings, and data relating to an intervention are confidential and privileged and are not subject to discovery or disclosure nor are they admissible in any proceeding. Provides that no person who participates in an intervention shall be permitted or required to testify in any proceeding as to any evidence or other matters produced, presented, or considered during an intervention. Effective immediately. LRB9003940NTsb HB1217 Enrolled LRB9003940NTsb 1 AN ACT concerning civil immunity, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Local Governmental and Governmental 5 Employees Tort Immunity Act is amended by adding Section 6 2-214 as follows: 7 (745 ILCS 10/2-214 new) 8 Sec. 2-214. Court volunteer. 9 (a) In this Section, "volunteer" means a person 10 performing uncompensated services for a court pursuant to a 11 court order, under a program certified by the Chief Judge of 12 the circuit as a court volunteer program. 13 (b) A volunteer is not liable for his or her act or 14 omission in performing volunteer services pursuant to a court 15 order, under a program certified by the Chief Judge of the 16 circuit as a court volunteer program, unless the act or 17 omission constitutes willful and wanton conduct. 18 Section 5. The Alcoholism and Drug Addiction Intervenor 19 and Reporter Immunity Law is amended by changing Section 4 as 20 follows: 21 (745 ILCS 35/4) (from Ch. 70, par. 654) 22 Sec. 4. Immunity. 23 (a) Any trained intervenor or fact-reporter who 24 participates in an intervention shall not be liable in tort 25 for any personal injuries caused by any act or omission in 26 the course of an intervention unless the act or omission 27 constitutes willful or wanton misconduct, and no such 28 intervenor or fact-reporter shall be liable for any cause of 29 action in the nature of invasion of privacy, infliction of HB1217 Enrolled -2- LRB9003940NTsb 1 emotional distress, interference with family or business 2 relationships, or defamation, unless that person acted with 3 actual malice or willful intent to injure the subject of the 4 intervention. 5 (b) No public or private organization or agency, or any 6 officer, director, trustee, employee, consultant, or agent of 7 any such entity, that sponsors, authorizes, supports, 8 finances, or supervises the training of intervenors or 9 fact-reporters shall be liable for damages in any civil 10 action based on the training of intervenors, unless the 11 allegedly wrongful act or omission constitutes willful or 12 wanton misconduct. In addition, no such entity or person 13 shall be liable for any cause of action in the nature of 14 invasion of privacy, infliction of emotional distress, 15 interference with family or business relationships, or 16 defamation, unless that entity or person acted with actual 17 malice or willful intent to injure the subject of the 18 intervention. 19 (c) No person who instructs a course for intervenors or 20 fact-reporters shall be liable for damages in any civil 21 action based on the acts or omissions of an intervenor or 22 fact-reporter who received instruction on interventions by 23 that instructor, unless the instruction given by such 24 instructor constitutes willful or wanton misconduct. In 25 addition, no such instructor shall be liable for any cause of 26 action in the nature of invasion of privacy, infliction of 27 emotional distress, interference with family or business 28 relationships, or defamation, unless that instructor acted 29 with actual malice or willful intent to injure the subject of 30 the intervention. 31 (d) Any fact-reporter who encourages an individual or an 32 individual's family members to seek treatment or who, as part 33 of the intervention process, makes a report in good faith to 34 a trained intervenor of any conduct that reasonably appears HB1217 Enrolled -3- LRB9003940NTsb 1 to indicate that an individual suffers from alcoholism or 2 drug addiction shall have immunity from any liability, civil 3 or criminal or otherwise, that might result as a consequence 4 of making such a report, unless the person making the report 5 is subject to a privilege recognized by the law of this 6 State. The good faith of any fact-reporter making such a 7 report shall be a rebuttable presumption. 8 (e) All reports, findings, proceedings, and data 9 relating to the course of any intervention, including steps 10 taken in preparation and implementation, are confidential and 11 privileged and are not subject to discovery or disclosure nor 12 are they admissible in any proceeding including, but not 13 limited to, any civil, administrative, or criminal 14 proceeding, and no person who participates in an intervention 15 shall be permitted or required to testify in any proceeding 16 as to any evidence or other matters produced, presented, or 17 considered during an intervention. However, information, 18 documents, or other records otherwise available from original 19 sources are not to be construed as immune from discovery or 20 use in a proceeding merely because they were presented during 21 an intervention. 22 (Source: P.A. 87-213.) 23 Section 10. The Good Samaritan Act is amended by adding 24 Section 12 as follows: 25 (745 ILCS 49/12 new) 26 Sec. 12. Use of an automatic external defibrillator; 27 exemption from civil liability for emergency care. Any 28 person who has successfully completed the training 29 requirements of a course in basic emergency care of a person 30 in cardiac arrest that: 31 (i) included training in the operation and use of an 32 automatic external defibrillator; and HB1217 Enrolled -4- LRB9003940NTsb 1 (ii) was conducted in accordance with the standards 2 of the American Heart Association, 3 and who, in good faith, not for compensation, renders 4 emergency medical care involving the use of an automatic 5 external defibrillator in accordance with his or her 6 training is not liable for any civil damages as a result of 7 any act or omission, except for willful and wanton 8 misconduct, by that person in rendering that care. 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.
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