Illinois General Assembly - Full Text of SB1882
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Full Text of SB1882  101st General Assembly




SB1882 EnrolledLRB101 07247 LNS 52285 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
5changing Section 8-802.3 as follows:
6    (735 ILCS 5/8-802.3)
7    Sec. 8-802.3. Informant's privilege.
8    (a) Except as provided in subsection (b), if an individual
9(i) submits information concerning a criminal act to a law
10enforcement agency or to a community organization that acts as
11an intermediary in reporting to law enforcement and (ii)
12requests anonymity, then the identity of that individual is
13privileged and confidential and is not subject to discovery or
14admissible in evidence in a proceeding.
15    (b) There is no privilege under subsection (a) if a court,
16after a hearing in camera, finds that the party seeking
17discovery or the proponent of the evidence has shown that:
18        (1) the identity of an individual who submits
19    information concerning a criminal act is sought or offered
20    in a court proceeding involving a felony or misdemeanor;
21        (2) the evidence is not otherwise available; and
22        (3) nondisclosure infringes upon a constitutional
23    right of an accused, or there is a need for the evidence



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1    that substantially outweighs the interest in protecting
2    confidentiality.
3    (b-5) Except as provided in this subsection or under
4subsection (j) of Supreme Court Rule 412, if a defendant's
5counsel seeks to discover the identity of an informant, then
6the defendant's counsel shall file a motion with the court
7alleging a good faith factual basis for believing that the
8prior representation of the informant creates a serious
9potential for an actual conflict of interest. Upon such filing,
10the court: (1) may deny the motion for lack of factual basis;
11or (2) if it finds a sufficiently alleged factual basis, shall
12conduct an in camera hearing with the informant, outside the
13presence of all counsel, to ascertain whether an actual
14conflict of interest exists. A transcript of the in camera
15proceeding shall be made and sealed. After the in camera
16hearing, the court shall: (i) deny the motion if there is no
17basis to conclude that a serious potential for an actual
18conflict exists; or (ii) inform the petitioning counsel that
19his or her continued representation is a conflict. If the court
20concludes that a conflict exists, it shall notify the counsel
21of the nature of the conflict, subject to any condition of
22nondisclosure that the court deems appropriate.
23    (c) The court may impose such sanctions as are necessary to
24enforce its order.
25(Source: P.A. 94-174, eff. 1-1-06.)
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.