Bill Text: IL SB1429 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Evidence Article of the Code of Civil Procedure. Provides that evidence of a person's immigration status is not admissible in any civil proceeding unless: it is essential to prove an element of a claim or an affirmative defense; or a person or his or her attorney voluntarily reveals his or her immigration status to the court. Provides that a party intending to offer evidence regarding a person's immigration status shall file a written motion at least 14 days before trial. Provides that the court shall conduct an in camera hearing to review the probative value of the person's immigration status. Provides that if the court finds that the probative value of the person's immigration status outweighs its prejudicial nature, the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. Provides that the motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. Provides that a party who communicates to a person or witness any threat to or actually disclose a person's or witness's immigration status to any entity or immigration or law enforcement agency with the intent to deter the person from testifying commits a Class C misdemeanor.

Spectrum: Partisan Bill (Democrat 43-0)

Status: (Engrossed) 2019-05-17 - Added Alternate Co-Sponsor Rep. Sara Feigenholtz [SB1429 Detail]

Download: Illinois-2019-SB1429-Engrossed.html



SB1429 EngrossedLRB101 08748 LNS 53835 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by adding
5Part 29 to Article VIII as follows:
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
10status.
11 (a) Except as provided in subsection (b), evidence related
12to a person's immigration status is not admissible in any civil
13proceeding.
14 (b) Evidence otherwise inadmissible under this Act is
15admissible if:
16 (1) it is essential to prove an element of a claim or
17 an affirmative defense;
18 (2) it is offered to prove an interest or bias of a
19 witness, if it does not cause confusion of the issues or
20 mislead the trier of fact, and the probative value of the
21 evidence outweighs its prejudicial nature; or
22 (3) a person or his or her attorney voluntarily reveals

SB1429 Engrossed- 2 -LRB101 08748 LNS 53835 b
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