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| Public Act 102-0100 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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 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 | ||
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 | ||
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 102nd General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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