Illinois Compiled Statutes 735 ILCS 5/8-2901 – Admissibility of evidence; immigration status
Current as of: 2024 | Check for updates
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(a) Except as provided in subsection (b), evidence related to a person’s immigration status is not admissible in any civil proceeding.
(b) Evidence otherwise inadmissible under this Act is admissible if:
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-65
(1) it is essential to prove an element of a claim or
(b) Evidence otherwise inadmissible under this Act is admissible if:
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to 30 days | up to $1,500 |
Terms Used In Illinois Compiled Statutes 735 ILCS 5/8-2901
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) it is essential to prove an element of a claim or
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an affirmative defense;
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(2) it is offered to prove an interest or bias of a
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witness, if it does not cause confusion of the issues or mislead the trier of fact, and the probative value of the evidence outweighs its prejudicial nature; or
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(3) a person or his or her attorney voluntarily
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reveals his or her immigration status to the court.
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(c) A party intending to offer evidence relating to a person’s immigration status shall file a written motion at least 14 days before a hearing or a trial specifically describing the evidence and stating the purpose for which it is offered. A court, for good cause, may require a different time for filing or permit filing during trial.
Upon receipt of the motion and notice to all parties, the court shall conduct an in camera hearing, with counsel present, limited to review of the probative value of the person’s immigration status to the case. If the court finds that the evidence relating to a person’s immigration status meets the criteria set forth in paragraph (1), (2), or (3) of subsection (b), the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence.
The motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise.
(d) A person may not, with the intent to deter any person or witness from testifying freely, fully, and truthfully to any matter before trial or in any court or before a grand jury, administrative agency, or any other State or local governmental unit, threaten to or actually disclose, directly or indirectly, a person’s or witness’s immigration status to any entity or any immigration or law enforcement agency. A person who violates this subsection commits a Class C misdemeanor.
Upon receipt of the motion and notice to all parties, the court shall conduct an in camera hearing, with counsel present, limited to review of the probative value of the person’s immigration status to the case. If the court finds that the evidence relating to a person’s immigration status meets the criteria set forth in paragraph (1), (2), or (3) of subsection (b), the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence.
The motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise.
(d) A person may not, with the intent to deter any person or witness from testifying freely, fully, and truthfully to any matter before trial or in any court or before a grand jury, administrative agency, or any other State or local governmental unit, threaten to or actually disclose, directly or indirectly, a person’s or witness’s immigration status to any entity or any immigration or law enforcement agency. A person who violates this subsection commits a Class C misdemeanor.