Full Text of HB1458 101st General Assembly
HB1458ham001 101ST GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/29/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1458
| 2 | | AMENDMENT NO. ______. Amend House Bill 1458 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | adding Section 8-804.5 as follows: | 6 | | "(735 ILCS 5/8-804.5 new) | 7 | | Sec. 8-804.5. Parties to restorative justice practice. | 8 | | (a) This Section is intended to encourage the use of | 9 | | restorative justice practices by providing a privilege for such | 10 | | participation and ensuring that anything communicated during | 11 | | the practice is strictly confidential, and will not be used | 12 | | against the parties in any future court proceedings without | 13 | | their informed consent. This Section further intends to codify | 14 | | that the privilege within a restorative justice practice shall | 15 | | only be waived by informed consent of the party or parties | 16 | | about whom the participation or communication concerns. The |
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| 1 | | General Assembly affords this privilege in recognition of | 2 | | restorative justice as a powerful tool in addressing the needs | 3 | | of victims, offenders, and the larger community in the process | 4 | | of repairing the fabric of community peace. The General | 5 | | Assembly further encourages residents of this State to employ | 6 | | restorative justice practices, not only in justiciable | 7 | | matters, but in all aspects of life and law. | 8 | | (b) As used in this Section: | 9 | | "Communication" means any information received by a party | 10 | | in preparation for, during, or received after a restorative | 11 | | justice practice. | 12 | | "Facilitator" means a person who facilitates a restorative | 13 | | justice practice. | 14 | | "Restorative justice practice" means a convening, such as | 15 | | victim-offender mediation, peace circle, or other conflict | 16 | | resolution sessions, in which parties who have caused harm, | 17 | | parties who have been harmed, or community stakeholders | 18 | | collectively gather to identify harm, repair harm to the extent | 19 | | possible, address trauma, reduce the likelihood of further | 20 | | harm, or strengthen community ties by focusing on the needs and | 21 | | obligations of all parties involved through a participatory | 22 | | process. | 23 | | "Party" means a person, including a facilitator, an | 24 | | individual who has caused harm, an individual who has been | 25 | | harmed, a community member, or any other participant, who is | 26 | | approved by the facilitator and participates in a restorative |
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| 1 | | justice practice. | 2 | | (c) This Section applies to a restorative justice practice | 3 | | in which: | 4 | | (1) at least one party is participating in a | 5 | | restorative justice practice pursuant to statute or court | 6 | | or administrative agency rule or referred to participate in | 7 | | a restorative justice practice by a court, administrative | 8 | | agency, mediator, or arbitrator; | 9 | | (2) the restorative justice practice is convened or | 10 | | facilitated by a school; | 11 | | (3) the restorative justice practice is convened or | 12 | | facilitated by a law enforcement agency; or | 13 | | (4) the restorative justice practice is convened or | 14 | | facilitated by a restorative justice facilitator. | 15 | | (d) The legitimacy of the restorative justice practice, if | 16 | | challenged in any civil, juvenile, criminal, or administrative | 17 | | proceeding, shall be determined by the judge. The judge, in a | 18 | | hearing conducted pursuant to this subsection, may consider | 19 | | information that would otherwise be privileged to the extent | 20 | | that the information is probative of the issue. | 21 | | (e) If a restorative justice practice is convened, neither | 22 | | the fact that it has been convened, nor anything said or done | 23 | | within the practice, is admissible in any court, unless this | 24 | | privilege is: | 25 | | (1) waived, in court or in writing, by the party or | 26 | | parties about whom the information relates; |
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| 1 | | (2) subject to one or more of the exemptions in | 2 | | subsection (g); or | 3 | | (3) used in furtherance of a criminal act. | 4 | | Any waiver is limited to the participation and | 5 | | communication of that party only, and the participation or | 6 | | communications of any other participants remain confidential | 7 | | and privileged unless waived by the other parties. This | 8 | | information is not subject to discovery or disclosure in any | 9 | | judicial or extra-judicial proceedings. | 10 | | (f) Evidence that is otherwise admissible or subject to | 11 | | discovery does not become inadmissible or protected from | 12 | | discovery solely because it was discussed or used in a | 13 | | restorative justice practice. | 14 | | (g) No party to a restorative justice practice shall reveal | 15 | | information relating to the practice unless the party or | 16 | | parties about whom the information relates waives this | 17 | | privilege in court or in writing, or the disclosure is | 18 | | otherwise permitted by this Section. | 19 | | (1) Nothing with respect to this privilege shall | 20 | | preclude a party to a restorative justice practice from | 21 | | revealing information: | 22 | | (i) if that person reasonably believes it is | 23 | | necessary to prevent death or great bodily harm; | 24 | | (ii) to comply with other law; | 25 | | (iii) to report on a restorative justice practice | 26 | | as described under paragraph (1) of subsection (c); |
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| 1 | | however, this report shall be limited to the fact that | 2 | | a practice has taken place, the terms of any agreement | 3 | | reached between the parties, an opinion regarding the | 4 | | success of the practice, and if further proceedings are | 5 | | to follow. The specific communications elicited in the | 6 | | practice shall not be reported to the court unless | 7 | | waived by the appropriate parties; or | 8 | | (iv) to comply with a court order following a | 9 | | hearing that considers the following factors: | 10 | | (A) the ease of obtaining the information | 11 | | through other methods; | 12 | | (B) the need for the information; and | 13 | | (C) the interest in protecting the privacy of | 14 | | restorative justice practices. | 15 | | (2) A party may reveal information relating to the | 16 | | practice to the extent that the person reasonably believes | 17 | | disclosure is necessary to prevent a participant from | 18 | | committing a crime in circumstances other than those | 19 | | specified in subparagraph (i) of paragraph (1). | 20 | | (3) Any party to a restorative justice practice who, by | 21 | | reason of his or her employment or profession, is legally | 22 | | required to report information shall not be relieved of | 23 | | that duty based on this privilege. ".
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