State of Illinois
92nd General Assembly
Legislation

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92_HB4277

 
                                               LRB9214992WHcs

 1        AN ACT concerning civil procedure.

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

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

 6        (735 ILCS 5/2-1306 new)
 7        Sec. 2-1306.  Sunshine in litigation.
 8        (a)  As  used  in  this Section, "public hazard" means an
 9    instrumentality, including but not limited to  a  device,  an
10    instrument,  a person, a procedure, a product, or a condition
11    of a device, an instrument,  a  person,  a  procedure,  or  a
12    product, that has caused and is likely to cause injury.
13        (b)  Except  under  this Section, no court shall enter an
14    order or a  judgment  that  has  the  purpose  or  effect  of
15    concealing  a  public  hazard or any information concerning a
16    public hazard, nor shall  the  court  enter  an  order  or  a
17    judgment  that  has  the  purpose or effect of concealing any
18    information that may be useful to members of  the  public  in
19    protecting  themselves  from  injury that may result from the
20    public hazard.
21        (c)  Any portion of an agreement or a contract  that  has
22    the  purpose  or  effect  of  concealing a public hazard, any
23    information concerning a public hazard,  or  any  information
24    that  may  be  useful  to members of the public in protecting
25    themselves from injury that may result from the public hazard
26    is void  and  contrary  to  public  policy  and  may  not  be
27    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-                LRB9214992WHcs
 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, 2002.

20        Section 99.  Effective date.  This Act takes effect  July
21    1, 2002.

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