State of Illinois
91st General Assembly

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 1        AN ACT to amend the Code of  Civil  Procedure  by  adding
 2    Section 8-804.

 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 8-804 as follows:

 7        (735 ILCS 5/8-804 new)
 8        Sec. 8-804. Deliberative process.
 9        (a) This Section is intended to ensure the frank exchange
10    of   advice  and  opinions  in  the  course  of  governmental
11    decision-making and policy-making.
12        (b) In any action, a unit of State or local government or
13    a school district or community college district  may  not  be
14    required  to  disclose  in  discovery any confidential advice
15    given by intragovernmental communication to persons  involved
16    in  making decisions and policy for the unit of government or
17    district.   The  privilege  established  under  this  Section
18    applies to intragovernmental  documents  reflecting  advisory
19    opinions,  recommendations, and deliberations comprising part
20    of a process by which governmental decisions and policies for
21    the unit of  government  or  district  are  formulated.   The
22    privilege   does   not   apply  to  (i)  factual  aspects  of
23    communications made before the unit of government or district
24    makes a final decision on the matter under  consideration  or
25    (ii)  communications  made  after  the  unit of government or
26    district  makes  a  final  decision  on  the   matter   under
27    consideration.
28        (c)  Notwithstanding any other provision of this Section,
29    a unit of State or local government or a school  district  or
30    community  college  district  must  disclose  in  discovery a
31    document otherwise privileged under this Section if the party
                            -2-                LRB9104972DJcd
 1    requesting  production  of   the   document   establishes   a
 2    particularized need for the document.

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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