Full Text of HB1458 101st General Assembly
HB1458 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. Emanuel Chris Welch
SYNOPSIS AS INTRODUCED:
Amends the Code of Civil Procedure. Defines "communication" and
"restorative justice practice". Provides that communications received by a
party in preparation for, during, or after a restorative justice practice
are inadmissible in court unless the privilege is: waived by the party or
parties about whom the communication concerns; subject to certain
exemptions; or used in furtherance of a criminal act.
A BILL FOR
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AN ACT concerning civil procedure.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Civil Procedure is amended by adding
Section 8-804.5 as follows:
(735 ILCS 5/8-804.5 new)
Parties to a restorative justice practice.
(a) This Section is intended to encourage the use of
restorative justice practices by providing a privilege for such
participation and ensuring that anything communicated during
the practice is strictly confidential, and will not be used
against the parties in any future court proceedings without
their informed consent. This Section further intends to codify
that the privilege within a restorative justice practice shall
only be waived by informed consent of the party or parties
about whom the participation or communication concerns. The
General Assembly affords this privilege in recognition of
restorative justice as a powerful tool in addressing the needs
of victims, offenders, and the larger community in the process
of repairing the fabric of community peace. The General
Assembly further encourages residents of this State to employ
restorative justice practices, not only in justiciable
matters, but in all aspects of life and law.
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(b) As used in this Section:
"Communication" mean any information received by a
party in preparation for, during, or received after a
restorative justice practice.
"Restorative justice practice" means a convening, such
as victim-offender mediation, peace circle, or other
conflict resolution sessions, in which parties who have
caused harm, parties who have been harmed, or community
stakeholders collectively gather to identify harm, repair
harm to the extent possible, address trauma, reduce the
likelihood of further harm, or strengthen community ties by
focusing on the needs and obligations of all parties
involved through a participatory process.
(c) If a restorative justice practice is convened, neither
the fact that it has been convened, nor anything said or done
within the practice, is admissible in any court, unless this
(1) waived, in court or in writing, by the party or
parties about whom the information relates;
(2) subject to one or more of the exemptions in
subsection (f); or
(3) used in furtherance of a criminal act.
Any waiver is limited to the participation and
communication of that party only, and the participation or
communications of any other participants remain confidential
and privileged unless waived by the other parties. This
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information is not subject to discovery or disclosure in any
judicial or extra-judicial proceedings.
(d) Evidence that is otherwise admissible or subject to
discovery does not become inadmissible or protected from
discovery solely because it was discussed or used in a
restorative justice practice.
(e) The legitimacy of the restorative justice practice, if
challenged in any civil, juvenile, criminal, or administrative
proceeding, shall be determined by the judge. The judge, in a
hearing conducted pursuant to this subsection, may consider
information that would otherwise be privileged to the extent
that the information is probative of the issue.
(f) No party to a restorative justice practice shall reveal
information relating to the practice unless the party or
parties about whom the information relates waives this
privilege in court or in writing, or the disclosure is
otherwise permitted by this Section.
(1) Nothing with respect to this privilege shall
preclude a party to a restorative justice practice from
(i) if that person reasonably believes it is
necessary to prevent death or great bodily harm;
(ii) to comply with other law;
(iii) to report on a restorative justice practice
session taking place in order to comply with a
court-related program; however, this report shall be
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limited to the fact that a practice has taken place, an
opinion regarding the success of the practice, and if
further proceedings are to follow. The specific
communications elicited in the practice shall not be
reported to the court unless waived by the appropriate
(iv) to comply with a court order following a
hearing that considers the following factors:
(A) the ease of obtaining the information
through other methods;
(B) the need for the information; and
(C) the interest in protecting the privacy of
restorative justice practices.
(2) A party may reveal information relating to the
practice to the extent that the person reasonably believes
disclosure is necessary to prevent a participant from
committing a crime in circumstances other than those
specified in subparagraph (i) of paragraph (1).
(3) Any party to a restorative justice practice who, by
reason of his or her employment or profession, is legally
required to report information shall not be relieved of
that duty based on this privilege.