Bill Text: IL HB5976 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Code of Civil Procedure. Provides an additional circumstance when the confidential nature of counseling records is not waived: in the case of an adult who has a guardian of his person, if the guardian inspects the records with the victim's consent. Provides that an adult victim who has a guardian of his or her person may knowingly waive the rape crisis statement privilege, but if the adult victim is, in the court's opinion, incapable of knowingly waiving the privilege, the guardian of the adult victim may waive the privilege, unless the guardian is charged with a violent crime against the victim or otherwise has an adverse interest to the victim with respect to the privilege.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-06 - Public Act . . . . . . . . . 96-1010 [HB5976 Detail]

Download: Illinois-2009-HB5976-Enrolled.html

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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
changing Section 8-802.1 as follows:
(735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
Sec. 8-802.1. Confidentiality of Statements Made to Rape
Crisis Personnel.
(a) Purpose. This Section is intended to protect victims of
rape from public disclosure of statements they make in
confidence to counselors of organizations established to help
them. On or after July 1, 1984, "rape" means an act of forced
sexual penetration or sexual conduct, as defined in Section
12-12 of the Criminal Code of 1961, as amended, including acts
prohibited under Sections 12-13 through 12-16 of the Criminal
Code of 1961, as amended. Because of the fear and stigma that
often results from those crimes, many victims hesitate to seek
help even where it is available at no cost to them. As a result
they not only fail to receive needed medical care and emergency
counseling, but may lack the psychological support necessary to
report the crime and aid police in preventing future crimes.
(b) Definitions. As used in this Act:
(1) "Rape crisis organization" means any organization

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or association the major purpose of which is providing
information, counseling, and psychological support to
victims of any or all of the crimes of aggravated criminal
sexual assault, predatory criminal sexual assault of a
child, criminal sexual assault, sexual relations between
siblings, criminal sexual abuse and aggravated criminal
sexual abuse.
(2) "Rape crisis counselor" means a person who is a
psychologist, social worker, employee, or volunteer in any
organization or association defined as a rape crisis
organization under this Section, who has undergone 40 hours
of training and is under the control of a direct services
supervisor of a rape crisis organization.
(3) "Victim" means a person who is the subject of, or
who seeks information, counseling, or advocacy services as
a result of an aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual assault, sexual relations within families, criminal
sexual abuse, aggravated criminal sexual abuse, sexual
exploitation of a child, indecent solicitation of a child,
public indecency, exploitation of a child, or an attempt to
commit any of these offenses.
(4) "Confidential communication" means any
communication between a victim and a rape crisis counselor
in the course of providing information, counseling, and
advocacy. The term includes all records kept by the

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counselor or by the organization in the course of providing
services to an alleged victim concerning the alleged victim
and the services provided.
(c) Waiver of privilege.
(1) The confidential nature of the communication is not
waived by: the presence of a third person who further
expresses the interests of the victim at the time of the
communication; group counseling; or disclosure to a third
person with the consent of the victim when reasonably
necessary to accomplish the purpose for which the counselor
is consulted.
(2) The confidential nature of counseling records is
not waived when: the victim inspects the records; or in the
case of a minor child less than 12 years of age, a parent
or guardian whose interests are not adverse to the minor
inspects the records; or in the case of a minor victim 12
years or older, a parent or guardian whose interests are
not adverse to the minor inspects the records with the
victim's consent, or in the case of an adult who has a
guardian of his or her person, the guardian inspects the
records with the victim's consent.
(3) When a victim is deceased, or has been adjudged
incompetent by a court of competent jurisdiction, the
victim's guardian or the executor or administrator of the
victim's estate may waive the privilege established by this
Section, unless the guardian, executor, or administrator

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has an interest adverse to the victim.
(4) A minor victim 12 years of age or older may
knowingly waive the privilege established in this Section.
When a minor is, in the opinion of the Court, incapable of
knowingly waiving the privilege, the parent or guardian of
the minor may waive the privilege on behalf of the minor,
unless the parent or guardian has been charged with a
violent crime against the victim or otherwise has any
interest adverse to that of the minor with respect to the
waiver of the privilege.
(5) An adult victim who has a guardian of his or her
person may knowingly waive the privilege established in
this Section. When the victim is, in the opinion of the
court, incapable of knowingly waiving the privilege, the
guardian of the adult victim may waive the privilege on
behalf of the victim, unless the guardian has been charged
with a violent crime against the victim or otherwise has
any interest adverse to the victim with respect to the
privilege.
(d) Confidentiality. Except as provided in this Act, no
rape crisis counselor shall disclose any confidential
communication or be examined as a witness in any civil or
criminal proceeding as to any confidential communication
without the written consent of the victim or a representative
of the victim as provided in subparagraph (c).
(e) A rape crisis counselor may disclose a confidential

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communication without the consent of the victim if failure to
disclose is likely to result in a clear, imminent risk of
serious physical injury or death of the victim or another
person. Any rape crisis counselor or rape crisis organization
participating in good faith in the disclosing of records and
communications under this Act shall have immunity from any
liability, civil, criminal, or otherwise that might result from
the action. In any proceeding, civil or criminal, arising out
of a disclosure under this Section, the good faith of any rape
crisis counselor or rape crisis organization who disclosed the
confidential communication shall be presumed.
(f) Any rape crisis counselor who knowingly discloses any
confidential communication in violation of this Act commits a
Class C misdemeanor.
(Source: P.A. 88-33; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)