(a) An "interpreter for the deaf and hard of hearing" is a
person who aids communication when at least one party to the communication has a hearing loss.
8-912.Interpreter for the deaf and hard of hearing's privilege.
Article VIII. Evidence · Part 9.2. Interpreter's Privilege · Last amended 2010 · Last verified July 20, 2026
In one sentenceIllinois treats an interpreter for the deaf and hard of hearing as a conduit who may not disclose a facilitated conversation without written consent, while preserving underlying privileges and allowing narrow exceptions for professional consultation, waiver, and safety.
Full Text of 735 ILCS 5/8-912
(b) An interpreter for the deaf and hard of hearing who interprets a conversation between a hearing person and a deaf person is deemed a conduit for the conversation and may not disclose or be compelled to disclose by subpoena the contents of the conversation that he or she facilitated without the written consent of all persons involved who received his or her professional services.
(c) All communications that are recognized by law as privileged shall remain privileged even in cases where an interpreter for the deaf and hard of hearing is utilized to facilitate such communications.
(d) Communications may be voluntarily disclosed under the following circumstances:
(1) the formal reporting, conferring, or consulting with administrative superiors, colleagues, or consultants who share similar professional responsibility, in which instance all recipients of such information are similarly bound to regard the communication as privileged;
(2) a person waives the privilege by bringing any public charges against an interpreter for the deaf and hard of hearing, including a person licensed under the Interpreter for the Deaf Licensure Act of 2007; and
(3) a communication reveals the intended commission of a crime or harmful act and such disclosure is judged necessary by the interpreter for the deaf and hard of hearing to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to public safety. (e) (Blank).
Plain-English Summary
This section defines an interpreter for the deaf and hard of hearing as a person who aids communication when at least one party has a hearing loss, and treats that interpreter as a conduit for the conversation rather than a party to it. The interpreter may not disclose, or be compelled by subpoena to disclose, the contents of a facilitated conversation without the written consent of everyone involved who received the interpreter's services.
Any communication that already carries a legal privilege keeps that privilege even when an interpreter for the deaf and hard of hearing is used to facilitate it.
The section then carves out three circumstances where voluntary disclosure is allowed: formal reporting to or consultation with administrative superiors, colleagues, or consultants who share similar professional responsibility, with everyone who receives that information bound to treat it as privileged in turn; a waiver that arises when a person brings public charges against the interpreter, including one licensed under the Interpreter for the Deaf Licensure Act of 2007; and disclosure the interpreter judges necessary to protect someone from a clear, imminent risk of serious harm or to forestall a serious threat to public safety, where the communication reveals an intended crime or harmful act.
Subsection (e) is blank, and the Source line shows the section was amended in 2010 after its original 2007 enactment.
Frequently Asked Questions
What does it mean that the interpreter is a conduit for the conversation?
The interpreter is treated as facilitating the communication between a hearing person and a deaf person rather than as an independent party to it, which is why disclosure is restricted.
Whose consent is required before the interpreter can disclose a conversation?
The written consent of all persons involved who received the interpreter's professional services.
Can the interpreter report a conversation to a supervisor without breaking this privilege?
Yes. Formal reporting to or consultation with administrative superiors, colleagues, or consultants sharing similar professional responsibility is allowed, and everyone who receives that information must also treat it as privileged.
What happens if someone publicly accuses the interpreter of misconduct?
Bringing public charges against the interpreter, including one licensed under the Interpreter for the Deaf Licensure Act of 2007, waives the privilege as to that person.
Can the interpreter disclose a conversation to prevent harm?
Yes, if the communication reveals an intended crime or harmful act and the interpreter judges disclosure necessary to protect someone from a clear, imminent risk of serious harm or to forestall a serious threat to public safety.
Amendment History
(Source: P.A. 95-617, eff. 9-12-07; 96-552, eff. 1-1-10.)
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: illinois asl interpreter privilegeinterpreter for deaf confidentiality illinoissign language interpreter privileged communicationinterpreter for the deaf licensure act privilege