Rep. Lou Lang
Filed: 5/28/2008
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1 | AMENDMENT TO HOUSE BILL 2424
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2 | AMENDMENT NO. ______. Amend House Bill 2424 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Confidentiality Act is amended by changing | ||||||
6 | Section 12 as follows:
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7 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
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8 | (Text of Section after amendment by P.A. 95-564 )
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9 | Sec. 12. (a) If the United States Secret Service or the | ||||||
10 | Department of
State Police requests information from a mental | ||||||
11 | health or developmental
disability facility, as defined in | ||||||
12 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
13 | Disabilities Code, relating to a specific
recipient and the | ||||||
14 | facility director determines that disclosure of such
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15 | information may be necessary to protect the life of, or to | ||||||
16 | prevent
the infliction of great bodily harm to, a public |
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1 | official,
or a person under the protection of the United
States | ||||||
2 | Secret Service, only the following information
may be | ||||||
3 | disclosed: the recipient's name, address, and age and the date | ||||||
4 | of
any admission to or discharge from a facility; and any | ||||||
5 | information which
would indicate whether or not the recipient | ||||||
6 | has a history of violence or
presents a danger of violence to | ||||||
7 | the person under protection. Any information
so disclosed shall | ||||||
8 | be used for investigative purposes only and shall not
be | ||||||
9 | publicly disseminated.
Any person participating in good faith | ||||||
10 | in the disclosure of such
information in accordance with this | ||||||
11 | provision shall have immunity from any
liability, civil, | ||||||
12 | criminal or otherwise, if such information is disclosed
relying | ||||||
13 | upon the representation of an officer of the United States | ||||||
14 | Secret
Service or the Department of State Police that a person | ||||||
15 | is under the
protection of the United States Secret Service or | ||||||
16 | is a public official.
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17 | For the purpose of this subsection (a), the term "public | ||||||
18 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
19 | General, Secretary of State,
State Comptroller, State | ||||||
20 | Treasurer , or member of the General Assembly , and any Supreme, | ||||||
21 | Appellate, Circuit, or Associate Judge of the State of | ||||||
22 | Illinois . The
term shall also include the spouse, child or | ||||||
23 | children of a public official.
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24 | (b) The Department of Human Services (acting as successor | ||||||
25 | to the
Department of Mental Health and Developmental | ||||||
26 | Disabilities) and all
public or private hospitals and mental |
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1 | health facilities are required, as hereafter described in this | ||||||
2 | subsection,
to furnish the Department of State Police only such | ||||||
3 | information as may
be required for the sole purpose of | ||||||
4 | determining whether an individual who
may be or may have been a | ||||||
5 | patient is disqualified because of that status
from receiving | ||||||
6 | or retaining a Firearm Owner's Identification Card under
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7 | subsection (e) or (f) of Section 8 of the Firearm Owners | ||||||
8 | Identification Card
Act or 18 U.S.C. 922(g) and (n). All public | ||||||
9 | or private hospitals and mental health facilities shall, in the | ||||||
10 | form and manner required
by the Department, provide such | ||||||
11 | information as shall be necessary for the
Department to comply | ||||||
12 | with the reporting requirements to the Department of
State | ||||||
13 | Police. Such information shall be furnished within 7 days after
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14 | admission to a public or private hospital or mental health | ||||||
15 | facility or the provision of services to a patient described in | ||||||
16 | clause (2) of this subsection (b). Any such information | ||||||
17 | disclosed under
this subsection shall
remain privileged and | ||||||
18 | confidential, and shall not be redisclosed, except as required | ||||||
19 | by clause (e)(2) of Section 3.1 of the Firearm Owners | ||||||
20 | Identification Card Act, nor utilized
for any other purpose. | ||||||
21 | The method of requiring the providing of such
information shall | ||||||
22 | guarantee that no information is released beyond what
is | ||||||
23 | necessary for this purpose. In addition, the information | ||||||
24 | disclosed
shall be provided
by the Department within the time | ||||||
25 | period established by Section 24-3 of the
Criminal Code of 1961 | ||||||
26 | regarding the delivery of firearms. The method used
shall be |
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1 | sufficient to provide the necessary information within the
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2 | prescribed time period, which may include periodically | ||||||
3 | providing
lists to the Department of Human Services
or any | ||||||
4 | public or private hospital or mental health facility of Firearm | ||||||
5 | Owner's Identification Card applicants
on which the Department | ||||||
6 | or hospital shall indicate the identities of those
individuals | ||||||
7 | who are to its knowledge disqualified from having a Firearm
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8 | Owner's Identification Card for reasons described herein. The | ||||||
9 | Department
may provide for a centralized source
of information | ||||||
10 | for the State on this subject under its jurisdiction.
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11 | Any person, institution, or agency, under this Act, | ||||||
12 | participating in
good faith in the reporting or disclosure of | ||||||
13 | records and communications
otherwise in accordance with this | ||||||
14 | provision or with rules, regulations or
guidelines issued by | ||||||
15 | the Department shall have immunity from any
liability, civil, | ||||||
16 | criminal or otherwise, that might result by reason of the
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17 | action. For the purpose of any proceeding, civil or criminal,
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18 | arising out of a report or disclosure in accordance with this | ||||||
19 | provision,
the good faith of any person,
institution, or agency | ||||||
20 | so reporting or disclosing shall be presumed. The
full extent | ||||||
21 | of the immunity provided in this subsection (b) shall apply to
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22 | any person, institution or agency that fails to make a report | ||||||
23 | or disclosure
in the good faith belief that the report or | ||||||
24 | disclosure would violate
federal regulations governing the | ||||||
25 | confidentiality of alcohol and drug abuse
patient records | ||||||
26 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
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1 | For purposes of this subsection (b) only, the following | ||||||
2 | terms shall have
the meaning prescribed:
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3 | (1) "Hospital" means only that type of institution | ||||||
4 | which is providing
full-time residential facilities and | ||||||
5 | treatment.
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6 | (2) "Patient" shall include only: (i) a person who is | ||||||
7 | an in-patient or resident of any public or private hospital | ||||||
8 | or mental health facility or (ii) a person who is an | ||||||
9 | out-patient or provided services by a public or private | ||||||
10 | hospital or mental health facility whose mental condition | ||||||
11 | is of such a nature that it is manifested by violent, | ||||||
12 | suicidal, threatening, or assaultive behavior or reported | ||||||
13 | behavior, for which there is a reasonable belief by a | ||||||
14 | physician, clinical psychologist, or qualified examiner | ||||||
15 | that the condition poses a clear and present or imminent | ||||||
16 | danger to the patient, any other person or the community | ||||||
17 | meaning the patient's condition poses a clear and present | ||||||
18 | danger in accordance with subsection
(f) of Section 8 of | ||||||
19 | the Firearm Owners Identification Card Act. The terms | ||||||
20 | physician, clinical psychologist, and qualified examiner | ||||||
21 | are defined in Sections 1-120, 1-103, and 1-122 of the | ||||||
22 | Mental Health and Developmental Disabilities Code.
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23 | (3) "Mental health facility" is defined by Section | ||||||
24 | 1-114 of the Mental Health and Developmental Disabilities | ||||||
25 | Code.
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26 | (c) Upon the request of a peace officer who takes a person |
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1 | into custody
and transports such person to a mental health or | ||||||
2 | developmental disability
facility pursuant to Section 3-606 or | ||||||
3 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
4 | or who transports a person from such facility,
a facility | ||||||
5 | director shall furnish said peace officer the name, address, | ||||||
6 | age
and name of the nearest relative of the person transported | ||||||
7 | to or from the
mental health or developmental disability | ||||||
8 | facility. In no case shall the
facility director disclose to | ||||||
9 | the peace officer any information relating to the
diagnosis, | ||||||
10 | treatment or evaluation of the person's mental or physical | ||||||
11 | health.
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12 | For the purposes of this subsection (c), the terms "mental | ||||||
13 | health or
developmental disability facility", "peace officer" | ||||||
14 | and "facility director"
shall have the meanings ascribed to | ||||||
15 | them in the Mental Health and
Developmental Disabilities Code.
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16 | (d) Upon the request of a peace officer or prosecuting | ||||||
17 | authority who is
conducting a bona fide investigation of a | ||||||
18 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
19 | justice,
a facility director may disclose whether a person is | ||||||
20 | present at the facility.
Upon request of a peace officer or | ||||||
21 | prosecuting authority who has a valid
forcible felony warrant | ||||||
22 | issued, a facility director shall disclose: (1) whether
the | ||||||
23 | person who is the subject of the warrant is present at the | ||||||
24 | facility and (2)
the
date of that person's discharge or future | ||||||
25 | discharge from the facility.
The requesting peace officer or | ||||||
26 | prosecuting authority must furnish a case
number and the |
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1 | purpose of the investigation or an outstanding arrest warrant | ||||||
2 | at
the time of the request. Any person, institution, or agency
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3 | participating in good faith in disclosing such information in | ||||||
4 | accordance with
this subsection (d) is immune from any | ||||||
5 | liability, civil, criminal or
otherwise, that might result by | ||||||
6 | reason of the action.
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7 | (Source: P.A. 95-564, eff. 6-1-08.)".
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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