8-802.2.Confidentiality of statements made to personnel counseling victims of violent crimes.
Article VIII. Evidence · Part 8. Privileged Communications · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceStatements a violent-crime victim makes during counseling to a victim aid organization's personnel cannot be disclosed without the victim's written consent, unless a court finds them relevant and admissible after an in-camera hearing.
(a)Purpose. This Section is intended to protect victims of
violent crimes from public disclosure of statements they make in confidence to counselors of organizations established to help them. Because of the fear and trauma that often results from violent crimes, many victims hesitate to seek help even where it is available and may therefore lack the psychological support necessary to report the crime and aid police in preventing future crimes.
(b)Definitions. As used in this Act, "violent crimes" include, but are not limited to, any felony in which force or threat of force was used against the victim or any misdemeanor which results in death or great bodily harm to the victim.
(c)Confidentiality. Where any victim of a violent crime makes a statement relating to the crime or its circumstances during the course of therapy or consultation to any counselor, employee or volunteer of a victim aid organization, the statement or contents thereof shall not be disclosed by the organization or any of its personnel unless the maker of the statement consents in writing or unless otherwise directed pursuant to this Section.
If in any judicial proceeding, a party alleges that such statements are necessary to the determination of any issue before the court and written consent to disclosure has not been given, the party may ask the court to consider the relevance and admissibility of the statements. In such a case, the court shall hold a hearing in camera on the relevance of the statements. If the court finds them relevant and admissible to the issue, the court shall order the statements to be disclosed.
Plain-English Summary
Section 8-802.2 extends confidentiality protection to victims of violent crimes generally, defined to include any felony involving force or threat of force against the victim, and any misdemeanor resulting in death or great bodily harm. When such a victim makes a statement about the crime or its circumstances during therapy or consultation with a counselor, employee, or volunteer of a victim aid organization, the organization and its personnel cannot disclose the statement or its contents unless the victim consents in writing or the statute's court process is followed.
The statute builds in a judicial screening process for disclosure disputes. If a party in a judicial proceeding claims the statements are necessary to resolve an issue before the court, and written consent has not been given, the party can ask the court to weigh the statements' relevance and admissibility. The court must hold an in-camera hearing to assess that question, and it can order disclosure only if it finds the statements relevant and admissible to the issue.
Compared to Section 8-802.1's more detailed rape crisis counselor privilege, Section 8-802.2 covers a broader category of violent-crime victims but with a simpler structure: written consent, or a court-ordered disclosure after an in-camera relevance and admissibility finding.
Frequently Asked Questions
What counts as a "violent crime" for purposes of the victim counseling privilege in Illinois?
Section 8-802.2 defines violent crimes to include any felony in which force or threat of force was used against the victim, and any misdemeanor that results in death or great bodily harm to the victim.
Can a victim aid organization be forced to disclose what a victim said in counseling?
Not without the victim's written consent, unless a court, after an in-camera hearing, finds the statements relevant and admissible to an issue before it and orders disclosure.
What is an in-camera hearing under Section 8-802.2?
It is a hearing the court holds privately to review the disputed statements and decide whether they are relevant and admissible to the issue in the case, before deciding whether to order disclosure.
Who is covered as personnel of a victim aid organization?
The statute covers any counselor, employee, or volunteer of a victim aid organization who receives a statement from a victim during therapy or consultation relating to the crime or its circumstances.
How does Section 8-802.2 differ from the rape crisis counselor privilege in Section 8-802.1?
Section 8-802.2 applies more broadly to violent-crime victims generally rather than specifically to sexual assault victims, and it relies on a single in-camera relevance and admissibility standard rather than the detailed waiver rules Section 8-802.1 sets out.
Amendment History
(Source: P.A. 86-538.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:violent crime victim counselor privilege illinoisvictim aid organization confidentiality illinois8-802.2 illinois evidencein camera hearing victim statement illinois