Illinois General Assembly - Full Text of Public Act 101-0436
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Public Act 101-0436


Public Act 0436 101ST GENERAL ASSEMBLY



Public Act 101-0436
SB1882 EnrolledLRB101 07247 LNS 52285 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Civil Procedure is amended by
changing Section 8-802.3 as follows:
    (735 ILCS 5/8-802.3)
    Sec. 8-802.3. Informant's privilege.
    (a) Except as provided in subsection (b), if an individual
(i) submits information concerning a criminal act to a law
enforcement agency or to a community organization that acts as
an intermediary in reporting to law enforcement and (ii)
requests anonymity, then the identity of that individual is
privileged and confidential and is not subject to discovery or
admissible in evidence in a proceeding.
    (b) There is no privilege under subsection (a) if a court,
after a hearing in camera, finds that the party seeking
discovery or the proponent of the evidence has shown that:
        (1) the identity of an individual who submits
    information concerning a criminal act is sought or offered
    in a court proceeding involving a felony or misdemeanor;
        (2) the evidence is not otherwise available; and
        (3) nondisclosure infringes upon a constitutional
    right of an accused, or there is a need for the evidence
    that substantially outweighs the interest in protecting
    (b-5) Except as provided in this subsection or under
subsection (j) of Supreme Court Rule 412, if a defendant's
counsel seeks to discover the identity of an informant, then
the defendant's counsel shall file a motion with the court
alleging a good faith factual basis for believing that the
prior representation of the informant creates a serious
potential for an actual conflict of interest. Upon such filing,
the court: (1) may deny the motion for lack of factual basis;
or (2) if it finds a sufficiently alleged factual basis, shall
conduct an in camera hearing with the informant, outside the
presence of all counsel, to ascertain whether an actual
conflict of interest exists. A transcript of the in camera
proceeding shall be made and sealed. After the in camera
hearing, the court shall: (i) deny the motion if there is no
basis to conclude that a serious potential for an actual
conflict exists; or (ii) inform the petitioning counsel that
his or her continued representation is a conflict. If the court
concludes that a conflict exists, it shall notify the counsel
of the nature of the conflict, subject to any condition of
nondisclosure that the court deems appropriate.
    (c) The court may impose such sanctions as are necessary to
enforce its order.
(Source: P.A. 94-174, eff. 1-1-06.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2019