SB1429 EnrolledLRB101 08748 LNS 53835 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by adding
5Part 29 to Article VIII as follows:
6    (735 ILCS 5/Art. VIII Pt. 29 heading new)
Part 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 Act is
15admissible if:
16        (1) it is essential to prove an element of a claim or
17    an affirmative defense;
18        (2) it is offered to prove an interest or bias of a
19    witness, if it does not cause confusion of the issues or
20    mislead the trier of fact, and the probative value of the
21    evidence outweighs its prejudicial nature; or
22        (3) a person or his or her attorney voluntarily reveals



SB1429 Enrolled- 2 -LRB101 08748 LNS 53835 b

1    his or her immigration status to the court.
2    (c) A party intending to offer evidence relating to a
3person's immigration status shall file a written motion at
4least 14 days before a hearing or a trial specifically
5describing the evidence and stating the purpose for which it is
6offered. A court, for good cause, may require a different time
7for filing or permit filing during trial.
8    Upon receipt of the motion and notice to all parties, the
9court shall conduct an in camera hearing, with counsel present,
10limited to review of the probative value of the person's
11immigration status to the case. If the court finds that the
12evidence relating to a person's immigration status meets the
13criteria set forth in paragraph (1), (2), or (3) of subsection
14(b), the court shall make findings of fact and conclusions of
15law regarding the permitted use of the evidence.
16    The motion, related papers, and the record of the hearing
17shall be sealed and remain under seal unless the court orders
19    (d) A person may not, with the intent to deter any person
20or witness from testifying freely, fully, and truthfully to any
21matter before trial or in any court or before a grand jury,
22administrative agency, or any other State or local governmental
23unit, threaten to or actually disclose, directly or indirectly,
24a person's or witness's immigration status to any entity or any
25immigration or law enforcement agency. A person who violates
26this subsection commits a Class C misdemeanor.