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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1324 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
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Amends the Code of Civil Procedure. Makes a technical change in a Section
concerning immigration status.
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| | A BILL FOR |
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| | SB1324 | | LRB103 27740 LNS 54118 b |
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| 1 | | AN ACT concerning immigration.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 8-2901 as follows:
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| 6 | | (735 ILCS 5/8-2901) |
| 7 | | Sec. 8-2901. Admissibility of evidence; immigration |
| 8 | | status. |
| 9 | | (a) Except as provided in subsection (b), evidence related |
| 10 | | to a person's immigration status is not admissible in any |
| 11 | | civil proceeding. |
| 12 | | (b) Evidence otherwise inadmissible under this this Act is |
| 13 | | admissible if: |
| 14 | | (1) it is essential to prove an element of a claim or |
| 15 | | an affirmative defense; |
| 16 | | (2) it is offered to prove an interest or bias of a |
| 17 | | witness, if it does not cause confusion of the issues or |
| 18 | | mislead the trier of fact, and the probative value of the |
| 19 | | evidence outweighs its prejudicial nature; or |
| 20 | | (3) a person or his or her attorney voluntarily |
| 21 | | reveals his or her immigration status to the court. |
| 22 | | (c) A party intending to offer evidence relating to a |
| 23 | | person's immigration status shall file a written motion at |
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| | SB1324 | - 2 - | LRB103 27740 LNS 54118 b |
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| 1 | | least 14 days before a hearing or a trial specifically |
| 2 | | describing the evidence and stating the purpose for which it |
| 3 | | is offered. A court, for good cause, may require a different |
| 4 | | time for filing or permit filing during trial. |
| 5 | | Upon receipt of the motion and notice to all parties, the |
| 6 | | court shall conduct an in camera hearing, with counsel |
| 7 | | present, limited to review of the probative value of the |
| 8 | | person's immigration status to the case. If the court finds |
| 9 | | that the evidence relating to a person's immigration status |
| 10 | | meets the criteria set forth in paragraph (1), (2), or (3) of |
| 11 | | subsection (b), the court shall make findings of fact and |
| 12 | | conclusions of law regarding the permitted use of the |
| 13 | | evidence. |
| 14 | | The motion, related papers, and the record of the hearing |
| 15 | | shall be sealed and remain under seal unless the court orders |
| 16 | | otherwise. |
| 17 | | (d) A person may not, with the intent to deter any person |
| 18 | | or witness from testifying freely, fully, and truthfully to |
| 19 | | any matter before trial or in any court or before a grand jury, |
| 20 | | administrative agency, or any other State or local |
| 21 | | governmental unit, threaten to or actually disclose, directly |
| 22 | | or indirectly, a person's or witness's immigration status to |
| 23 | | any entity or any immigration or law enforcement agency. A |
| 24 | | person who violates this subsection commits a Class C |
| 25 | | misdemeanor.
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| 26 | | (Source: P.A. 101-550, eff. 1-1-20.) |