(a) If a request for issuance of a subpoena pursuant to this Act seeks documents or information related to lawful health care activity, as defined in the Lawful Health Care Activity Act, or seeks documents in support of any claim that interferes with rights under the Reproductive Health Act, then the person or entity requesting the subpoena shall include an attestation, signed under penalty of perjury, confirming and identifying that an exemption in subsection (c) applies. Any false attestation submitted under this Section or the failure to submit an attestation required by this Section shall be subject to a statutory penalty of $10,000 per violation. Submission of such attestation shall subject the attestor to the jurisdiction of the courts of this State for any suit, penalty, or damages arising out of a false attestation under this Section.
     (b) No clerk of court shall issue a subpoena based on a foreign subpoena that:

Terms Used In Illinois Compiled Statutes 735 ILCS 35/3.5

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

         (1) requests information or documents related to
    
lawful health care activity, as defined in the Lawful Health Care Activity Act; or
        (2) is related to the enforcement of another state’s
    
law that would interfere with an individual‘s rights under the Reproductive Health Act.
    (c) A clerk of court may issue the subpoena if the subpoena includes the attestation as described in subsection (a) and the subpoena relates to:
         (1) an out-of-state action founded in tort, contract,
    
or statute brought by the patient who sought or received the lawful health care or the patient’s authorized legal representative, for damages suffered by the patient or damages derived from an individual’s loss of consortium of the patient, and for which a similar claim would exist under the laws of this State; or
        (2) an out-of-state action founded in contract
    
brought or sought to be enforced by a party with a contractual relationship with the individual whose documents or information are the subject of the subpoena and for which a similar claim would exist under the laws of this State.
    (d) Any person or entity served with a subpoena reasonably believed to be issued in violation of this Section shall not comply with the subpoena.
     (e) Any person or entity who is the recipient of, or whose lawful health care is the subject of, a subpoena reasonably believed to be issued in violation of this Section may, but is not required to, move to modify or quash the subpoena.
     (f) No court shall issue an order compelling a person or entity to comply with a subpoena found to be in violation of this Section.
     (g) As used in this Section, “lawful health care” and “lawful health care activity” have the meanings given to those terms in § 28-10 of the Lawful Health Care Activity Act.
     (h) The Supreme Court shall have jurisdiction to adopt rules for the implementation of this Section.
  Previous section
Next section  
 735 ILCS 35 Contents