Bill Text: IL HB4295 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that 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. Provides that the legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. Provides that the privilege does not apply when: (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. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-10-21 - Added Co-Sponsor Rep. Barbara Hernandez [HB4295 Detail]

Download: Illinois-2019-HB4295-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4295 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
735 ILCS 5/804.5 new
Amends the Code of Civil Procedure. Provides that 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. Provides that the legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. Provides that the privilege does not apply when: (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. Effective immediately.
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A BILL FOR
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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 adding
Section 804.5 as follows:
(735 ILCS 5/804.5 new)
Sec. 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

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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

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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

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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 101st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.