093_HB0025

 
                                     LRB093 02307 DRJ 02315 b

 1        AN  ACT  to  amend  the Code of Civil Procedure by adding
 2    Section 2-1306.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Code  of  Civil Procedure is amended by
 6    adding Section 2-1306 as follows:

 7        (735 ILCS 5/2-1306 new)
 8        Sec. 2-1306.  Sunshine in litigation.
 9        (a)  As used in this Section, "public  hazard"  means  an
10    instrumentality,  including  but  not limited to a device, an
11    instrument, a person, a procedure, a product, or a  condition
12    of  a  device,  an  instrument,  a  person, a procedure, or a
13    product, that has caused and is likely to cause injury.
14        (b)  Except under this Section, no court shall  enter  an
15    order  or  a  judgment  that  has  the  purpose  or effect of
16    concealing a public hazard or any  information  concerning  a
17    public  hazard,  nor  shall  the  court  enter  an order or a
18    judgment that has the purpose or  effect  of  concealing  any
19    information  that  may  be useful to members of the public in
20    protecting themselves from injury that may  result  from  the
21    public hazard.
22        (c)  Any  portion  of an agreement or a contract that has
23    the purpose or effect of  concealing  a  public  hazard,  any
24    information  concerning  a  public hazard, or any information
25    that may be useful to members of  the  public  in  protecting
26    themselves from injury that may result form the public hazard
27    is  void  and  contrary  to  public  policy  and  may  not be
28    enforced.
29        (d)  Any substantially affected person, including but not
30    limited to representatives of news  media,  has  standing  to
31    contest  an  order,  a  judgment, an agreement, or a contract
 
                            -2-      LRB093 02307 DRJ 02315 b
 1    that violates this Section.  A person may contest an order, a
 2    judgment, an agreement, or  a  contract  that  violates  this
 3    Section  by  motion  in  the  court that entered the order or
 4    judgment or by bringing an action for declaratory judgment.
 5        (e)  Upon  motion  and  good  cause  shown  by  a   party
 6    attempting  to prevent disclosure of information or materials
 7    that have not previously been disclosed,  including  but  not
 8    limited to alleged trade secrets, the court shall examine the
 9    disputed  information  or  materials in camera.  If the court
10    finds that the information or materials or  portions  of  the
11    information  or materials consist of information concerning a
12    public hazard or information that may be useful to members of
13    the public in protecting  themselves  from  injury  that  may
14    result from a public hazard, the court shall allow disclosure
15    of the information or materials.  If allowing disclosure, the
16    court  shall  allow  disclosure  of  only that portion of the
17    information or materials necessary or useful  to  the  public
18    regarding the public hazard.
19        (f)  This Section applies to causes of action accruing on
20    or after July 1, 2003.

21        Section  99.  Effective date.  This Act takes effect July
22    1, 2003.