Bill Amendment: IL SB1429 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EVIDENCE-IMMIGRATION STATUS
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0550 [SB1429 Detail]
Download: Illinois-2019-SB1429-Senate_Amendment_001.html
Bill Title: EVIDENCE-IMMIGRATION STATUS
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0550 [SB1429 Detail]
Download: Illinois-2019-SB1429-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1429
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2 | AMENDMENT NO. ______. Amend Senate Bill 1429 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | adding Part 29 to Article VIII as follows:
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6 | (735 ILCS 5/Art. VIII Pt. 29 heading new) | ||||||
7 | Part 29. Immigration Status | ||||||
8 | (735 ILCS 5/8-2901 new) | ||||||
9 | Sec. 8-2901. Admissibility of evidence; immigration | ||||||
10 | status. | ||||||
11 | (a) Except as provided in subsection (b), evidence related | ||||||
12 | to a person's immigration status is not admissible in any civil | ||||||
13 | proceeding. | ||||||
14 | (b) Evidence otherwise inadmissible under this Act is | ||||||
15 | admissible if: |
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1 | (1) it is essential to prove an element of a claim or | ||||||
2 | an affirmative defense; | ||||||
3 | (2) it is offered to prove an interest or bias of a | ||||||
4 | witness, if it does not cause confusion of the issues or | ||||||
5 | mislead the trier of fact, and the probative value of the | ||||||
6 | evidence outweighs its prejudicial nature; or | ||||||
7 | (3) a person or his or her attorney voluntarily reveals | ||||||
8 | his or her immigration status to the court. | ||||||
9 | (c) A party intending to offer evidence relating to a | ||||||
10 | person's immigration status shall file a written motion at | ||||||
11 | least 14 days before a hearing or a trial that specifically | ||||||
12 | describes the evidence, states the purpose for which it is | ||||||
13 | offered, and explains why it is essential to a claim or | ||||||
14 | affirmative defense or is probative of an interest or bias of a | ||||||
15 | witness, unless the court, for good cause, requires a different | ||||||
16 | time for filing or permits filing during trial. | ||||||
17 | Upon receipt of the motion and notice to all parties, the | ||||||
18 | court shall conduct an in camera hearing, with counsel present, | ||||||
19 | limited to review of the probative value of the person's | ||||||
20 | immigration status to the case. If the court finds that the | ||||||
21 | evidence relating to a person's immigration status meets the | ||||||
22 | criteria set forth in paragraph (1), (2), or (3) of subsection | ||||||
23 | (b), the court shall make findings of fact and conclusions of | ||||||
24 | law regarding the permitted use of the evidence. | ||||||
25 | The motion, related papers, and the record of the hearing | ||||||
26 | shall be sealed and remain under seal unless the court orders |
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1 | otherwise. | ||||||
2 | (d) A person may not, with the intent to deter any person | ||||||
3 | or witness from testifying freely, fully, and truthfully to any | ||||||
4 | matter before trial or in any court or before a grand jury, | ||||||
5 | administrative agency, or any other State or local governmental | ||||||
6 | unit, threaten to or actually disclose, directly or indirectly, | ||||||
7 | a person's or witness's immigration status to any entity or any | ||||||
8 | immigration or law enforcement agency. A person who violates | ||||||
9 | this subsection commits a Class C misdemeanor. ".
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