101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0283
 
Introduced , by Rep. David McSweeney
 
SYNOPSIS AS INTRODUCED:
 

 
405 ILCS 5/6-103.3

     Amends the Mental Health and Developmental Disabilities Code.  Provides that the Department of State Police shall annually compile and submit a report to the Governor and General Assembly no later than May 31 of each calendar year on the number of persons reported as posing a clear and present danger to themselves or others by persons required to report that information to the Department of State Police under the Code.  Provides that the report shall be based on information submitted   by each county, municipality, public elementary or secondary school, private elementary or secondary school, or public or private community college, college, or university of the State without disclosing individual identifying information of the persons who pose the clear and present danger to themselves or others.  Provides that if the person who poses the clear and present danger is reported by home address and the person attends a school, college, or university, then the compilation shall only include that individual once in the report for the total annual compilation.   
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB0283LRB101 04589 RLC 50039 b


  
1    AN ACT concerning health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Mental Health and Developmental 
5Disabilities Code is amended  by changing Section 6-103.3 as 
6follows:
 
7    (405 ILCS 5/6-103.3)
8    Sec. 6-103.3. Clear and present danger; notice. If a person 
9is determined to pose a clear and present danger to himself, 
10herself, or to others by a physician, clinical psychologist, or 
11qualified examiner, whether employed by the State, by any 
12public or private mental health facility or part thereof, or by 
13a law enforcement official or a school administrator, then the 
14physician, clinical psychologist, qualified examiner shall 
15notify the Department of Human Services and a law enforcement 
16official or school administrator shall notify the Department of 
17State Police, within 24 hours of making the determination that 
18the person poses a clear and present danger. The Department of 
19Human Services shall immediately update its records and 
20information relating to mental health and developmental 
21disabilities, and if appropriate, shall notify the Department 
22of State Police in a form and manner prescribed by the 
23Department of State Police.  Information disclosed under this 
 
 
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1Section shall remain privileged and confidential, and shall not 
2be redisclosed, except as required under subsection (e) of 
3Section 3.1 of the Firearm Owners Identification Card Act, nor 
4used for any other purpose. The method of providing this 
5information shall guarantee that the information is not 
6released beyond that which is necessary for the purpose of this 
7Section and shall be provided by rule by the Department of 
8Human Services.  The identity of the person reporting under this 
9Section shall not be disclosed to the subject of the report. 
10The physician, clinical psychologist, qualified examiner, law 
11enforcement official, or school administrator making the 
12determination and his or her employer shall not be held 
13criminally, civilly, or professionally liable for making or not 
14making the notification required under this Section, except for 
15willful or wanton misconduct. The Department of State Police 
16shall annually compile and submit a report to the Governor and 
17General Assembly no later than May 31 of each calendar year on 
18the number of persons reported under this Section as posing a 
19clear and present danger to themselves or others by persons 
20required to report that information to the Department of State 
21Police under this Section.  The report shall be based on 
22information submitted  by each county, municipality, public 
23elementary or secondary school, private elementary or 
24secondary school, or public or private community college, 
25college, or university of this State without disclosing 
26individual identifying information of the persons who pose the 
 
 
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1clear and present danger to themselves or others.  If the person 
2who poses the clear and present danger is reported by home 
3address and the person attends a school, college, or 
4university, then the compilation shall only include that 
5individual once in the report for the total annual compilation. 
6This Section does not apply to a law enforcement official, if  
7making the notification under this Section will interfere with 
8an ongoing or pending criminal investigation.
9    For the purposes of this Section:
10        "Clear and present danger" has the meaning ascribed to 
11    it in Section 1.1 of the Firearm Owners Identification Card 
12    Act.
13        "Determined to pose a clear and present danger to 
14    himself, herself, or to others by a physician, clinical 
15    psychologist, or qualified examiner" means in the 
16    professional opinion of the physician, clinical 
17    psychologist, or qualified examiner, a person poses a clear 
18    and present danger. 
19        "School administrator" means the person required to 
20    report under the School Administrator Reporting of Mental 
21    Health Clear and Present Danger Determinations Law.

22(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)