Illinois General Assembly - Bill Status for HB 5121

Amends the Illinois Domestic Violence Act of 1986. Provides that in a domestic violence case, upon the request of the petitioner, within 24 hours of the issuance of an order of protection, the clerk shall send a certified copy of the order to each specified health care facility or health care provider that furnished services to any child protected by the order. Provides that the health care provider shall place the order in the child's records. Provides that no health care provider who receives such an order shall allow a respondent access to the records of any child who is protected by the order or any other child of the petitioner. Provides that any person or facility (instead of only any person) that is licensed to administer health care shall not be civilly liable for any act or omission for complying with these provisions.

Further amends the Illinois Domestic Violence Act of 1986. Provides that the notice to health care facilities and health care practitioners shall identify which persons are current or past patients of that facility or practitioner. Provides that the person who is the petitioner shall be identified in the notice. Provides that no respondent shall have access to a child's health records unless the order expired or a certified copy of a court order shows that the order of protection was vacated (instead of no respondent shall have access to a child's health care records). Provides that the health care facility or practitioner may file a copy of the order of protection in the records of the child who is protected or in the records of any other child of the petitioner identified in the notice or may employ any other method to identify prohibited access records (instead of shall file a copy of the order of protection in the records of the protected child). Deletes the provision that expanded good faith immunity from civil liability for a facility and for compliance with the provisions of the Act as amended by this bill.

Replaces everything after the enacting clause with substantially similar provisions but with changes that include the following items: Provides that in a domestic violence case upon the request of the petitioner, the clerk shall send a certified copy of the order to each specified health care facility or health care provider requested by the petitioner. Provides that the health care provider may place the order in the child's records or use another method to identify these records. Provides that no health care provider who receives an order prohibiting a respondent's access to the records of child who is protected by an order shall allow a respondent access to the child's records, unless the order has expired or the respondent shows a certified copy of an order vacating the other order. Provides that nothing shall be construed to require altered billing procedures. Provides that any person or facility that is licensed to administer health care shall not be civilly liable for any act or omission for complying with these provisions. Amends the Illinois Marriage and Dissolution of Marriage Act for health care facilities and practitioners. Provides that no parent who is a named respondent in an order of protection shall have access to the health care records of a child protected under that order.

Date	Chamber	Action
8/26/2008	House	Public Act . . . . . . . . . 95-0912

Date	Chamber	Action
2/13/2008	House	Filed with the Clerk by Rep. Chapin Rose
2/14/2008	House	First Reading
2/14/2008	House	Referred to Rules Committee
3/3/2008	House	Assigned to Judiciary I - Civil Law Committee
3/12/2008	House	House Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
3/12/2008	House	House Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
3/12/2008	House	Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
3/12/2008	House	Placed on Calendar 2nd Reading - Short Debate
4/9/2008	House	House Amendment No. 2 Filed with Clerk by Rep. Chapin Rose
4/9/2008	House	House Amendment No. 2 Referred to Rules Committee
4/14/2008	House	House Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
4/15/2008	House	Second Reading - Short Debate
4/15/2008	House	House Amendment No. 2 Adopted by Voice Vote
4/15/2008	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/16/2008	House	Added Chief Co-Sponsor Rep. Naomi D. Jakobsson
4/16/2008	House	Third Reading - Short Debate - Passed 115-000-000
4/16/2008	Senate	Arrive in Senate
4/16/2008	Senate	Placed on Calendar Order of First Reading April 17, 2008
4/16/2008	Senate	Chief Senate Sponsor Sen. Dale A. Righter
4/17/2008	Senate	First Reading
4/17/2008	Senate	Referred to Rules
4/17/2008	Senate	Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
4/30/2008	Senate	Assigned to Judiciary Civil Law
5/8/2008	Senate	Held in Judiciary Civil Law
5/8/2008	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter
5/8/2008	Senate	Senate Committee Amendment No. 1 Referred to Rules
5/8/2008	Senate	Senate Committee Amendment No. 2 Filed with Secretary by Sen. Dale A. Righter
5/8/2008	Senate	Senate Committee Amendment No. 2 Referred to Rules
5/13/2008	Senate	Senate Committee Amendment No. 2 Rules Refers to Judiciary Civil Law
5/15/2008	Senate	Do Pass Judiciary Civil Law; 006-000-000
5/15/2008	Senate	Placed on Calendar Order of 2nd Reading May 20, 2008
5/15/2008	Senate	Added as Alternate Co-Sponsor Sen. Matt Murphy
5/20/2008	Senate	Second Reading
5/20/2008	Senate	Placed on Calendar Order of 3rd Reading May 21, 2008
5/23/2008	Senate	Rule 2-10 Third Reading Deadline Established As May 31, 2008
5/30/2008	Senate	Added as Alternate Chief Co-Sponsor Sen. Kwame Raoul
5/30/2008	Senate	Third Reading - Passed; 056-000-000
5/30/2008	Senate	Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
5/30/2008	Senate	Senate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
5/30/2008	House	Passed Both Houses
6/27/2008	House	Sent to the Governor
8/26/2008	House	Governor Approved
8/26/2008	House	Effective Date January 1, 2009
8/26/2008	House	Public Act . . . . . . . . . 95-0912

	Deletes reference to:
	750 ILCS 60/401

	Adds reference to:
	750 ILCS 5/602.1	from Ch. 40, par. 602.1