Illinois General Assembly - Full Text of HB1458
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Full Text of HB1458  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Emanuel Chris Welch


735 ILCS 5/8-804.5 new

    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.

LRB101 06902 LNS 51934 b





HB1458LRB101 06902 LNS 51934 b

1    AN ACT concerning civil procedure.
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
5Section 8-804.5 as follows:
6    (735 ILCS 5/8-804.5 new)
7    Sec. 8-804.5. Parties to a restorative justice practice.
8    (a) This Section is intended to encourage the use of
9restorative justice practices by providing a privilege for such
10participation and ensuring that anything communicated during
11the practice is strictly confidential, and will not be used
12against the parties in any future court proceedings without
13their informed consent. This Section further intends to codify
14that the privilege within a restorative justice practice shall
15only be waived by informed consent of the party or parties
16about whom the participation or communication concerns. The
17General Assembly affords this privilege in recognition of
18restorative justice as a powerful tool in addressing the needs
19of victims, offenders, and the larger community in the process
20of repairing the fabric of community peace. The General
21Assembly further encourages residents of this State to employ
22restorative justice practices, not only in justiciable
23matters, but in all aspects of life and law.



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1    (b) As used in this Section:
2        "Communication" mean any information received by a
3    party in preparation for, during, or received after a
4    restorative justice practice.
5        "Restorative justice practice" means a convening, such
6    as victim-offender mediation, peace circle, or other
7    conflict resolution sessions, in which parties who have
8    caused harm, parties who have been harmed, or community
9    stakeholders collectively gather to identify harm, repair
10    harm to the extent possible, address trauma, reduce the
11    likelihood of further harm, or strengthen community ties by
12    focusing on the needs and obligations of all parties
13    involved through a participatory process.
14    (c) If a restorative justice practice is convened, neither
15the fact that it has been convened, nor anything said or done
16within the practice, is admissible in any court, unless this
17privilege is:
18        (1) waived, in court or in writing, by the party or
19    parties about whom the information relates;
20        (2) subject to one or more of the exemptions in
21    subsection (f); or
22        (3) used in furtherance of a criminal act.
23    Any waiver is limited to the participation and
24communication of that party only, and the participation or
25communications of any other participants remain confidential
26and privileged unless waived by the other parties. This



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1information is not subject to discovery or disclosure in any
2judicial or extra-judicial proceedings.
3    (d) Evidence that is otherwise admissible or subject to
4discovery does not become inadmissible or protected from
5discovery solely because it was discussed or used in a
6restorative justice practice.
7    (e) The legitimacy of the restorative justice practice, if
8challenged in any civil, juvenile, criminal, or administrative
9proceeding, shall be determined by the judge. The judge, in a
10hearing conducted pursuant to this subsection, may consider
11information that would otherwise be privileged to the extent
12that the information is probative of the issue.
13    (f) No party to a restorative justice practice shall reveal
14information relating to the practice unless the party or
15parties about whom the information relates waives this
16privilege in court or in writing, or the disclosure is
17otherwise permitted by this Section.
18        (1) Nothing with respect to this privilege shall
19    preclude a party to a restorative justice practice from
20    revealing information:
21            (i) if that person reasonably believes it is
22        necessary to prevent death or great bodily harm;
23            (ii) to comply with other law;
24            (iii) to report on a restorative justice practice
25        session taking place in order to comply with a
26        court-related program; however, this report shall be



HB1458- 4 -LRB101 06902 LNS 51934 b

1        limited to the fact that a practice has taken place, an
2        opinion regarding the success of the practice, and if
3        further proceedings are to follow. The specific
4        communications elicited in the practice shall not be
5        reported to the court unless waived by the appropriate
6        parties; or
7            (iv) to comply with a court order following a
8        hearing that considers the following factors:
9                (A) the ease of obtaining the information
10            through other methods;
11                (B) the need for the information; and
12                (C) the interest in protecting the privacy of
13            restorative justice practices.
14        (2) A party may reveal information relating to the
15    practice to the extent that the person reasonably believes
16    disclosure is necessary to prevent a participant from
17    committing a crime in circumstances other than those
18    specified in subparagraph (i) of paragraph (1).
19        (3) Any party to a restorative justice practice who, by
20    reason of his or her employment or profession, is legally
21    required to report information shall not be relieved of
22    that duty based on this privilege.