State of Illinois
92nd General Assembly
Legislation

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92_HB0075

 
                                               LRB9200878DJgc

 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, contrary to public policy, and may not be enforced.
28        (d)  Any substantially affected person, including but not
29    limited  to  representatives  of  news media, has standing to
30    contest an order, a judgment, an  agreement,  or  a  contract
31    that violates this Section.  A person may contest an order, a
 
                            -2-                LRB9200878DJgc
 1    judgment,  an  agreement,  or  a  contract that violates this
 2    Section by motion in the court  that  entered  the  order  or
 3    judgment or by bringing an action for declaratory judgment.
 4        (e)  Upon   motion  and  good  cause  shown  by  a  party
 5    attempting to prevent disclosure of information or  materials
 6    that  have  not  previously been disclosed, including but not
 7    limited to alleged trade secrets, the court shall examine the
 8    disputed information or materials in camera.   If  the  court
 9    finds  that  the  information or materials or portions of the
10    information or materials consist of information concerning  a
11    public hazard or information that may be useful to members of
12    the  public  in  protecting  themselves  from injury that may
13    result from a public hazard, the court shall allow disclosure
14    of the information or materials.  If allowing disclosure, the
15    court shall allow disclosure of  only  that  portion  of  the
16    information  or  materials  necessary or useful to the public
17    regarding the public hazard.
18        (f)  This Section applies to causes of action accruing on
19    or after July 1, 2001.

20        Section 99.  Effective date.  This Act takes effect  July
21    1, 2001.

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