Rep. Jennifer Gong-Gershowitz

Filed: 5/3/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1429 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5adding Pt. 29 to Article VIII as follows:
6    (735 ILCS 5/Art. VIII Pt. 29 heading new)
Pt. 29. Immigration Status

8    (735 ILCS 5/8-2901 new)
9    Sec. 8-2901. Admissibility of evidence; immigration
11    (a) Except as provided in subsection (b), evidence related
12to a person's immigration status is not admissible in any civil
14    (b) Evidence otherwise inadmissible under this Section is
15admissible if:



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1        (1) it is essential to prove an element of a claim or
2    an affirmative defense. Evidence of an individual's
3    immigration status is essential when the court cannot make
4    a complete determination of the controversy without the
5    introduction of a person's immigration status;
6        (2) it is offered to prove an interest or bias of a
7    witness, if it does not cause confusion of the issues or
8    mislead the trier of fact, and the probative value of the
9    evidence outweighs its prejudicial nature; or
10        (3) a person or his or her attorney voluntarily reveals
11    his or her immigration status to the court.
12    (c) No evidence admissible under paragraph (1), (2), or (3)
13of subsection (b) shall be introduced unless ruled admissible
14by the court after an offer of proof has been made at an in
15camera hearing. The hearing shall be limited to review of the
16probative value of the person's immigration status. The offer
17of proof shall include reasonably specific information
18describing the evidence, indicating where the evidence
19originated from, and stating the purpose for which the evidence
20is offered. The court shall not admit evidence under this
21subsection unless it determines at the hearing that the
22evidence meets the criteria set forth in paragraph (1), (2), or
23(3) of subsection (b), that the evidence is relevant, and that
24the probative value of the evidence outweighs the danger of
25unfair prejudice.
26    The evidence shall be admissible at trial to the extent



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1that an order made by the court specifies the evidence that may
2be admitted and the areas with respect to which the immigrant
3person may be examined or cross examined. The order shall be in
4writing and include findings of fact and conclusions of law
5regarding the permitted use of the evidence.
6    The offer of proof, record of the hearing, and related
7papers shall be sealed and remain under seal unless the court
8orders otherwise.
9    (d) A person may not, with the intent to deter any person
10or witness from testifying freely, fully, and truthfully to any
11matter before trial or in any court or before a grand jury,
12administrative agency, or any other State or local governmental
13unit, threaten to or actually disclose, directly or indirectly,
14a person's or witness's immigration status to any entity or any
15immigration or law enforcement agency. A person who violates
16this subsection commits a Class C misdemeanor.".