Bill Status of SB1429  101st General Assembly


Short Description:  EVIDENCE-IMMIGRATION STATUS

Senate Sponsors
Sen. Ram Villivalam - Iris Y. Martinez, Cristina Castro, Omar Aquino, Elgie R. Sims, Jr., John G. Mulroe, Emil Jones, III, Robert Peters, Antonio Muñoz, David Koehler, Laura Fine, Don Harmon, Jacqueline Y. Collins, Christopher Belt, Patricia Van Pelt, Mattie Hunter, Napoleon Harris, III and Martin A. Sandoval

House Sponsors
(Rep. Jennifer Gong-Gershowitz - Ann M. Williams - André Thapedi - Kelly M. Cassidy - Celina Villanueva, Jonathan Carroll, Will Guzzardi, Barbara Hernandez, Theresa Mah, Anna Moeller, Delia C. Ramirez, Karina Villa, Elizabeth Hernandez, Aaron M. Ortiz, Robyn Gabel, Emanuel Chris Welch, Sonya M. Harper, Justin Slaughter, Mary E. Flowers, Anne Stava-Murray, Rita Mayfield, LaToya Greenwood, John Connor, Yehiel M. Kalish, Sara Feigenholtz, Carol Ammons, Lamont J. Robinson, Jr., Sam Yingling, Joyce Mason, Jaime M. Andrade, Jr., Robert Martwick and Mark L. Walker)

Last Action
DateChamber Action
  8/23/2019SenatePublic Act . . . . . . . . . 101-0550

Statutes Amended In Order of Appearance
735 ILCS 5/Art. VIII Pt. 29 heading new
735 ILCS 5/8-2901 new


Synopsis As Introduced
Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill and makes the following changes: Provides that evidence is also admissible if it is offered to prove an interest or bias of a witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Provides that a party intending to offer evidence related to a person's immigration status shall file a written motion that also explains why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness, it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature. Makes a corresponding change regarding findings of fact and conclusions of law the court must make regarding the permitted use of the evidence.

Senate Floor Amendment No. 2
Deletes language providing that a written motion shall explain why it is essential to a claim or affirmative defense or is probative of an interest or bias of a witness.

Actions 
DateChamber Action
  2/13/2019SenateFiled with Secretary by Sen. Ram Villivalam
  2/13/2019SenateFirst Reading
  2/13/2019SenateReferred to Assignments
  2/20/2019SenateAssigned to Judiciary
  2/21/2019SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  3/5/2019SenateAdded as Co-Sponsor Sen. Cristina Castro
  3/5/2019SenateDo Pass Judiciary; 007-003-000
  3/5/2019SenatePlaced on Calendar Order of 2nd Reading
  3/7/2019SenateAdded as Co-Sponsor Sen. Omar Aquino
  3/15/2019SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Ram Villivalam
  3/15/2019SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/18/2019SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Ram Villivalam
  3/18/2019SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/19/2019SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  3/19/2019SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  3/20/2019SenateSenate Floor Amendment No. 1 Postponed - Judiciary
  3/20/2019SenateSenate Floor Amendment No. 2 Postponed - Judiciary
  3/26/2019SenateSecond Reading
  3/26/2019SenatePlaced on Calendar Order of 3rd Reading March 27, 2019
  3/26/2019SenateAdded as Co-Sponsor Sen. Elgie R. Sims, Jr.
  3/27/2019SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 006-003-000
  3/27/2019SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 006-003-000
  3/27/2019SenateAdded as Co-Sponsor Sen. John G. Mulroe
  3/27/2019SenateAdded as Co-Sponsor Sen. Emil Jones, III
  3/27/2019SenateAdded as Co-Sponsor Sen. Robert Peters
  3/27/2019SenateAdded as Co-Sponsor Sen. Antonio Muñoz
  3/27/2019SenateAdded as Co-Sponsor Sen. David Koehler
  3/27/2019SenateAdded as Co-Sponsor Sen. Laura Fine
  3/27/2019SenateAdded as Co-Sponsor Sen. Don Harmon
  3/28/2019SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  3/28/2019SenateAdded as Co-Sponsor Sen. Christopher Belt
  3/28/2019SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  4/4/2019SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/4/2019SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  4/4/2019SenateRecalled to Second Reading
  4/4/2019SenateSenate Floor Amendment No. 1 Adopted; Villivalam
  4/4/2019SenateSenate Floor Amendment No. 2 Adopted; Villivalam
  4/4/2019SenatePlaced on Calendar Order of 3rd Reading
  4/9/2019SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  4/10/2019SenateThird Reading - Passed; 037-015-000
  4/10/2019HouseArrived in House
  4/10/2019HouseChief House Sponsor Rep. Jennifer Gong-Gershowitz
  4/10/2019HouseFirst Reading
  4/10/2019HouseReferred to Rules Committee
  4/22/2019HouseAdded Alternate Co-Sponsor Rep. Celina Villanueva
  4/24/2019HouseAssigned to Judiciary - Civil Committee
  4/26/2019HouseTo Civil Procedure Subcommittee
  4/29/2019HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Jonathan Carroll
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Theresa Mah
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Delia C. Ramirez
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Karina Villa
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  4/30/2019HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams
  5/1/2019HouseAdded Alternate Co-Sponsor Rep. Aaron M. Ortiz
  5/1/2019HouseAdded Alternate Chief Co-Sponsor Rep. Ann M. Williams
  5/1/2019HouseAlternate Co-Sponsor Removed Rep. Kelly M. Cassidy
  5/1/2019HouseAdded Alternate Chief Co-Sponsor Rep. André Thapedi
  5/1/2019HouseAdded Alternate Chief Co-Sponsor Rep. Kelly M. Cassidy
  5/1/2019HouseAlternate Co-Sponsor Removed Rep. Ann M. Williams
  5/2/2019HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/3/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  5/3/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/7/2019HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  5/8/2019HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 002-001-000
  5/8/2019HouseReported Back To Judiciary - Civil Committee;
  5/9/2019HouseDo Pass / Short Debate Judiciary - Civil Committee; 009-005-000
  5/9/2019HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/9/2019HousePlaced on Calendar 2nd Reading - Short Debate
  5/14/2019HouseSecond Reading - Short Debate
  5/14/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/15/2019HouseAlternate Co-Sponsor Removed Rep. Celina Villanueva
  5/15/2019HouseAdded Alternate Chief Co-Sponsor Rep. Celina Villanueva
  5/16/2019HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/16/2019HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper
  5/16/2019HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter
  5/16/2019HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/16/2019HouseAdded Alternate Co-Sponsor Rep. Anne Stava-Murray
  5/16/2019HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/16/2019HouseAdded Alternate Co-Sponsor Rep. LaToya Greenwood
  5/16/2019HouseAdded Alternate Co-Sponsor Rep. John Connor
  5/17/2019HouseAdded Alternate Co-Sponsor Rep. Yehiel M. Kalish
  5/17/2019HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Lamont J. Robinson, Jr.
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Sam Yingling
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Robert Martwick
  5/21/2019HouseAdded Alternate Co-Sponsor Rep. Mark L. Walker
  5/24/2019HouseFinal Action Deadline Extended-9(b) May 31, 2019
  5/28/2019HouseThird Reading - Short Debate - Passed 069-047-000
  5/28/2019SenatePassed Both Houses
  6/24/2019SenateSent to the Governor
  8/23/2019SenateGovernor Approved
  8/23/2019SenateEffective Date January 1, 2020
  8/23/2019SenatePublic Act . . . . . . . . . 101-0550