IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT

____________ COUNTY , ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS )

)

v. ) Case No. _______________________

)

_________________________________ )

(Defendant)

MOTION TO QUASH

NOW COMES ______________________, by and through its attorney, and

(Center)

moves this Honorable Court to quash the subpoena, and in support thereof states as

follows:

1. That ______________________ received a subpoena in this matter on

(Center)

______________________.

(Date)

2. That ______________________ is a rape crisis organization as defined under

735 ILCS 5/8-802.1(b)(1), Confidentiality of Statements Made to Rape Crisis

Personnel.

3. That the subpoena herein seeks to obtain confidential communications that

occurred between a victim and a rape crisis counselor, while providing information,

counseling and advocacy services to said victim, as defined under 735 ILCS

5/8-802.1(b).

4. That pursuant to 735 ILCS 5/8-802.1(d), a rape crisis counselor is

prohibited from disclosing any confidential communication either by releasing records

pertaining to such communication or by testifying as a witness in any civil or criminal

proceedings without the victim’s consent.


5. That ______________________ has no consent to release any information

(Center)

regarding this subpoena.

6. That the subpoena served upon ______________________ is requiring it to

(Center)

act in a manner that is in violation of the above-referenced statutory provisions.

7. That the Illinois Supreme Court has upheld the constitutionality of the above-

referenced statute in People v. Foggy, 121 Ill.2d 337, 521 N.E.2d 86, 118 Ill.Dec. 18,

cert. denied, 108 S.Ct. 2044 (1988).

WHEREFORE, ______________________ requests this Honorable Court to

(Center)

quash the subpoena herein.

Respectfully submitted,

________________________________

(Signature of Attorney)

Attorney’s Name

Attorney for ______________________ (Center)

Attorney’s Address

Attorney’s Phone Number

Date:


PROOF OF SERVICE

The undersigned attorney certifies that she/he caused a complete copy of the

foregoing Motion to Quash to be served upon the individual(s) listed below by U.S. first

class mail, located at ______________________, Illinois on the _________________

day of ______________________, 20____.

[insert service list]

________________________________

(Signature of Attorney)