Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/8-804
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/8-804)
(a) This Section is intended to protect students at higher education institutions in this State who are survivors of sexual violence from public disclosure of communications they make in confidence to confidential advisors. Because of the fear, stigma, and trauma that often result from incidents of sexual violence, many survivors hesitate to report or seek help, even when it is available at no cost to them. As a result, they not only fail to receive needed medical care and emergency counseling, but may lack the psychological support necessary to report the incident of sexual violence to the higher education institution or law enforcement.
(b) In this Section:
"Confidential advisor" means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of the Preventing Sexual Violence in Higher Education Act.
"Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State.
"Sexual violence" means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
"Survivor" means a student who has experienced sexual violence while enrolled at a higher education institution.
(c) All communications between a confidential advisor and a survivor pertaining to an incident of sexual violence shall remain confidential, unless the survivor consents to the disclosure of the communication in writing, the disclosure falls within one of the exceptions outlined in subsection (d) of this Section, or failure to disclose the communication would violate State or federal law. Communications include all records kept by the confidential advisor in the course of providing the survivor with services related to the incident of sexual violence.
(d) The confidential advisor may disclose confidential communications between the confidential advisor and the survivor if failure to disclose would result in a clear, imminent risk of serious physical injury to or death of the survivor or another person.
The confidential advisor shall have no obligation to report crimes to the higher education institution or law enforcement, except to report to the Title IX coordinator, as defined by Title IX of the federal Education Amendments of 1972, on a monthly basis the number and type of incidents of sexual violence reported exclusively to the confidential advisor in accordance with the higher education institution's reporting requirements under subsection (b) of Section 9.21 of the Board of Higher Education Act and under federal law.
If, in any judicial proceeding, a party alleges that the communications are necessary to the determination of any issue before the court and written consent to disclosure has not been given, the party may ask the court to consider ordering the disclosure of the communications. In such a case, communications may be disclosed if the court finds, after in camera examination of the communication, that the communication is relevant, probative, and not unduly prejudicial or inflammatory or is otherwise clearly admissible; that other evidence is demonstrably unsatisfactory as evidence of the facts sought to be established by the communication or communications; and that disclosure is more important to the interests of substantial justice than protection from injury to the confidential advisor-survivor relationship, to the survivor, or to any other individual whom disclosure is likely to harm.
(e) This privilege shall not preclude an individual from asserting a greater privilege under federal or State law that applies.
(Source: P.A. 99-426, eff. 8-21-15.)
735 ILCS 5/804.5
(735 ILCS 5/804.5)
Parties to a restorative justice practice.
(a) This Section is intended to encourage the use of restorative justice practices by providing a privilege for participation in such practices and ensuring that anything said or done during the practice, or in anticipation of or as a follow-up to the practice, is privileged and may not be used in any future proceeding unless the privilege is waived by the informed consent of the party or parties covered by the privilege. 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 encourages residents of this State to employ restorative justice practices, not only in justiciable matters, but in all aspects of life and law.
(b) As used in this Section:
"Circle" means a versatile restorative practice that can be used proactively, to develop relationships and build community, or reactively, to respond to wrongdoing, conflicts, and problems.
"Conference" means a structured meeting between offenders, victims, and both parties' family and friends, in which they deal with the consequences of a crime or wrongdoing and decide how best to repair the harm.
"Facilitator" means a person who is trained to facilitate a restorative justice practice.
"Party" means a person, including a facilitator, an individual who has caused harm, an individual who has been harmed, a community member, and any other participant, who voluntarily consents to participate with others who have agreed to participate in a restorative justice practice.
"Proceeding" means any legal action subject to this Code, including, but not limited to, civil, criminal, juvenile, or administrative hearings.
"Restorative justice practice" or "practice" means a gathering, such as a conference or circle, in which parties who have caused harm or who have been harmed and community stakeholders collectively gather to identify and repair harm to the extent possible, address trauma, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process.
(c) Anything said or done during or in preparation for a restorative justice practice or as a follow-up to that practice, or the fact that the practice has been planned or convened, is privileged and cannot be referred to, used, or admitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proceeding or in writing, by the party or parties protected by the privilege. Privileged information is not subject to discovery or disclosure in any judicial or extrajudicial proceedings.
Any waiver of privilege is limited to the participation and communication of the waiving party only, and the participation or communications of any other participant remain privileged unless waived by the other participant.
(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 a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. In a hearing conducted pursuant to this subsection, the judge may consider information that would otherwise be privileged to the extent that the information is probative of the issue.
(f) The privilege afforded by this Section does not apply if:
(1) disclosure is necessary to prevent death, great
bodily harm, or the commission of a crime;
(2) necessary to comply with another law; or
(3) a court, tribunal, or administrative body
requires a report on a restorative justice practice, but such report shall be limited to the fact that a practice has taken place, an opinion regarding the success of the practice, and whether further restorative justice practices are expected.
(g) This Section applies to all restorative justice practices that are convened on or after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-100, eff. 7-15-21.)
735 ILCS 5/Art. VIII Pt. 9
(735 ILCS 5/Art. VIII Pt. 9 heading)
735 ILCS 5/8-901
(735 ILCS 5/8-901)
(from Ch. 110, par. 8-901)
Source of information.
No court may compel any person to
disclose the source of any information obtained by a reporter except as
provided in Part 9 of Article VIII of this Act.
(Source: P.A. 84-398.)
735 ILCS 5/8-902
(735 ILCS 5/8-902)
(from Ch. 110, par. 8-902)
As used in this Act:
(a) "Reporter" means any person regularly engaged in the business of
collecting, writing or editing news for publication through a news
medium on a full-time or part-time basis; and includes any person who
was a reporter at the time the information sought was procured or obtained.
(b) "News medium" means any newspaper or other periodical issued at
regular intervals whether in print or electronic format and having a
general circulation; a news service whether in print or electronic format;
a radio station; a television station; a television network; a community
service; and any person or corporation engaged in the making of news
reels or other motion picture news for public showing.
(c) "Source" means the person or means from or through which the news
or information was obtained.
(Source: P.A. 92-335, eff. 8-10-01.)
735 ILCS 5/8-903
(735 ILCS 5/8-903)
(from Ch. 110, par. 8-903)
Application to court.
In any case, except a libel or slander case, where a person claims the
privilege conferred by Part 9 of Article VIII of this
Act, the person or party, body or officer seeking the information so
privileged may apply in writing to the circuit court serving the county
where the hearing, action or proceeding in which the information is
sought for an order divesting the person named therein of such privilege
and ordering him or her to disclose his or her source of the information.
(b) In libel or slander cases where a person claims the privilege
conferred by Part 9 of Article VIII of this Act, the plaintiff may apply in
writing to the court for an order divesting the person named therein of
such privilege and ordering him or her to disclose his or her source of
(Source: P.A. 84-398.)
735 ILCS 5/8-904
(735 ILCS 5/8-904)
(from Ch. 110, par. 8-904)
Contents of application.
The application provided in Section 8-903 of this Act shall allege: the
name of the reporter and of the news medium with which he or she was connected
at the time the information sought was obtained; the specific information
sought and its relevancy to the proceedings; and, either, a specific
public interest which would be adversely affected if the factual
information sought were not disclosed, or, in libel or slander cases, the
necessity of disclosure of the information sought to the proof of
plaintiff's case. Additionally, in libel or slander cases, the plaintiff must
include in the application provided in Section 8-903 a prima facie showing
of falsity of the alleged defamation and actual harm or injury due to the
(Source: P.A. 84-398.)
735 ILCS 5/8-905
(735 ILCS 5/8-905)
(from Ch. 110, par. 8-905)
All proceedings in connection with obtaining
an adjudication upon the
application not otherwise provided in Part 9 of Article VIII of this Act
shall be as in other civil cases.
(Source: P.A. 82-280.)
735 ILCS 5/8-906
(735 ILCS 5/8-906)
(from Ch. 110, par. 8-906)
Consideration by court.
In granting or denying divestiture of the privilege provided in Part 9 of
Article VIII of this
Act the court shall have due regard to the nature of the proceedings,
the merits of the claim or defense, the adequacy of the remedy otherwise
available, if any, the relevancy of the source, and the possibility of
establishing by other means that which it is alleged the source
requested will tend to prove.
(Source: P.A. 83-707.)
735 ILCS 5/8-907
(735 ILCS 5/8-907)
(from Ch. 110, par. 8-907)
An order granting divestiture of the
privilege provided in Part 9 of Article VIII of this Act shall be granted
only if the court, after hearing the parties, finds:
(1) that the information sought does not concern matters, or details
in any proceeding, required to be kept secret under the laws of this
State or of the Federal government; and
(2) that all other available sources of information have been
exhausted and, either, disclosure of the information sought is essential to the
protection of the public interest involved or, in libel or slander cases,
the plaintiff's need for disclosure of the information sought outweighs the
public interest in protecting the confidentiality of sources of information
used by a reporter as part of the news gathering process under the
particular facts and circumstances of each particular case.
If the court enters an order divesting the person of the privilege
granted in Part 9 of Article VIII of
this Act it shall also order the person to disclose the
information it has determined should be disclosed, subject to any
protective conditions as the court may deem necessary or appropriate.
(Source: P.A. 84-398.)
735 ILCS 5/8-908
(735 ILCS 5/8-908)
(from Ch. 110, par. 8-908)
Privilege continues during pendency of appeal.
In case of an
appeal the privilege conferred by Part 9 of Article VIII of this Act
remains in full force and
effect during the pendency of such appeal.
(Source: P.A. 83-707.)