Public Act 096-0552
 		





SB1738 Enrolled
LRB096 08843 AJO 18978 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 8-912 as follows:
 
    (735 ILCS 5/8-912)

    Sec. 8-912. Interpreter for the deaf and hard of hearing's 
privilege.

    (a) An "interpreter for the deaf and hard of hearing" is a 
person who aids  communication when at least one party to the 
communication has a hearing loss.

    (b)       An interpreter for the deaf and hard of hearing who 
interprets a conversation between a hearing person and a deaf 
person is deemed a conduit for the conversation and may not 
disclose or be compelled to disclose by subpoena the contents 
of the conversation that  he or she  facilitated without the 
written consent of all persons involved  who received his or her 
professional services.
    (c)       All communications that  are recognized by law as 
privileged shall remain privileged even in cases where an 
interpreter for the deaf and hard of hearing is utilized to 
facilitate such communications.
    (d)       Communications may be voluntarily disclosed under the  
following circumstances:
        (1)   the formal reporting, conferring, or consulting 
    with administrative superiors, colleagues, or consultants 
    who share similar professional responsibility, in which 
    instance all recipients of such information are similarly 
    bound to regard the communication as privileged;
        (2)   a person waives the privilege by bringing any 
    public charges against an interpreter for the deaf and hard 
    of hearing, including a person licensed under the 
    Interpreter for the Deaf Licensure Act of 2007; and
        (3)   a communication reveals the intended commission of 
    a crime or harmful act and such disclosure is judged 
    necessary by the interpreter for the deaf and hard of 
    hearing to protect any person from a clear, imminent risk 
    of serious mental or physical harm or injury or to 
    forestall a serious threat to public safety.
    (e) (Blank).   Nothing in this Section shall be construed to 
prohibit a person licensed under the Interpreter for the Deaf 
Licensure Act of 2007 from voluntarily testifying in court 
hearings concerning matters of adoption, child abuse, child 
neglect, or other matters pertaining to children, except as 
provided under the Abused and Neglected Child Reporting Act.


(Source: P.A. 95-617, eff. 9-12-07.)