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HB1079 Engrossed |
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LRB094 06722 LCB 36821 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by adding |
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| Section 8-803.5 as follows:
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| (735 ILCS 5/8-803.5 new) |
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| Sec. 8-803.5. Union agent and union member. |
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| (a) Except when required in subsection (b) of this Section, |
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| a union agent, during the agency or representative relationship |
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| or after termination of the agency or representative |
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| relationship with the bargaining unit member, shall not be |
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| compelled to disclose, in any court or to any administrative |
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| board or agency arbitration or proceeding, whether civil or |
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| criminal, any information he or she may have acquired in |
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| attending to his or her professional duties or while acting in |
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| his or her representative capacity. |
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| (b) A union agent may use or reveal information obtained |
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| during the course of fulfilling his or her professional |
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| representative duties:
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| (1) to the extent it appears necessary to prevent the |
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| commission of a crime that is likely to result in a clear, |
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| imminent risk of serious physical injury or death of |
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| another person;
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| (2) in actions, civil or criminal, against the union |
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| agent in his or her personal or official representative |
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| capacity, or against the local union or subordinate body |
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| thereof or international union or affiliated or |
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| subordinate body thereof or any agent thereof in their |
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| personal or official representative capacities;
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| (3) when required by court order; or
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| (4) when, after full disclosure has been provided, the |
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| written or oral consent of the bargaining unit member has |