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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0656 Introduced 1/25/2017, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
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Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that records and communications may be disclosed without consent by any treatment provider to a public defender or other attorney appointed by the court or retained by a criminal defendant for the purpose of preparing for and conducting a hearing to determine whether to release the defendant on her or his own recognizance or to determine the amount of bail or the conditions of the bail bond. Provides that the records and communications may be used only for the purpose of the hearing and shall not be further disclosed without the consent of the defendant.
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| | A BILL FOR |
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| | SB0656 | | LRB100 04290 HEP 14296 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Mental Health and Developmental |
| 5 | | Disabilities Confidentiality Act is amended by adding Section |
| 6 | | 9.12 as follows:
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| 7 | | (740 ILCS 110/9.12 new) |
| 8 | | Sec. 9.12. Disclosure for purpose of bail bond hearing. |
| 9 | | Records and communications may be disclosed without consent by |
| 10 | | any treatment provider to a public defender or other attorney |
| 11 | | appointed by the court or retained by a criminal defendant for |
| 12 | | the purpose of preparing for and conducting a hearing under |
| 13 | | Article 110 of Title III of the Code of Criminal Procedure of |
| 14 | | 1963 to determine whether to release the defendant on her or |
| 15 | | his own recognizance or to determine the amount of bail or the |
| 16 | | conditions of the bail bond. The records and communications may |
| 17 | | be used only for the purpose of the hearing and shall not be |
| 18 | | further disclosed without the consent of the defendant.
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