(745 ILCS 35/4) (from Ch. 70, par. 654)
Sec. 4.
Immunity.
(a) Any trained intervenor or fact-reporter who participates in an
intervention shall not be liable in tort for any personal injuries caused
by any act or omission in the course of an intervention unless the act or
omission constitutes willful or wanton misconduct, and no such intervenor
or fact-reporter shall be liable for any cause of action in the nature of
invasion of privacy, infliction of emotional distress, interference with
family or business relationships, or defamation, unless that person acted
with actual malice or willful intent to injure the subject of the intervention.
(b) No public or private organization or agency, or any officer,
director, trustee, employee, consultant, or agent of any such entity,
that sponsors, authorizes, supports, finances, or supervises the training
of intervenors or fact-reporters shall be liable for damages in any civil
action based on the training of intervenors, unless the allegedly wrongful
act or omission constitutes willful or wanton misconduct. In addition, no
such entity or person shall be liable for any cause of action in the nature
of invasion of privacy, infliction of emotional distress, interference with
family or business relationships, or defamation, unless that entity or
person acted with actual malice or willful intent to injure the subject of
the intervention.
(c) No person who instructs a course for intervenors or fact-reporters
shall be liable for damages in any civil action based on the acts or
omissions of an intervenor or fact-reporter who received instruction on
interventions by that instructor, unless the instruction given by such
instructor constitutes willful or wanton misconduct. In addition, no such
instructor shall be liable for any cause of action in the nature of
invasion of privacy, infliction of emotional distress, interference with
family or business relationships, or defamation, unless that instructor
acted with actual malice or willful intent to injure the subject of the
intervention.
(d) Any fact-reporter who encourages an individual or an individual's
family members to seek treatment or who, as part of the intervention
process, makes a report in good faith to a trained intervenor of any
conduct that reasonably appears to indicate that an individual suffers from
alcoholism or drug addiction shall have immunity from any liability, civil
or criminal or otherwise, that might result as a consequence of making such
a report, unless the person making the report is subject to a privilege
recognized by the law of this State. The good faith of any fact-reporter
making such a report shall be a rebuttable presumption.
(e) All reports, findings, proceedings, and data relating to the course of
any intervention, including steps taken in preparation and implementation, are
confidential and privileged and are not subject to discovery
or disclosure nor are they admissible in any proceeding including, but not
limited
to, any civil, administrative, or criminal proceeding, and no person who
participates in an
intervention shall be permitted or required to testify in any proceeding as to
any evidence or other matters produced, presented, or considered during an
intervention. However, information, documents, or other records otherwise
available from original sources are not to be construed as immune from
discovery or use in a proceeding merely because they were presented during an
intervention.
(Source: P.A. 90-746, eff. 8-14-98.)
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