Bill Status of HB 5586   97th General Assembly

Short Description:  MNTL HLTH CONFIDENTIAL-ARREST

House Sponsors
Rep. Kimberly du Buclet-William Davis-Barbara Flynn Currie-Camille Y. Lilly

Senate Sponsors
(Sen. Kwame Raoul and Heather A. Steans-Kimberly A. Lightford)


Last Action  View All Actions

DateChamber Action
  8/17/2012HousePublic Act . . . . . . . . . 97-1007

Statutes Amended In Order of Appearance
740 ILCS 110/4from Ch. 91 1/2, par. 804

Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Authorizes the inspection and copying of mental health services records of a recipient of such services by a law enforcement officer who has lawfully arrested the recipient, if the officer has (i) a reasonable suspicion that the recipient is suffering from mental illness and (ii) a reasonable belief that the recipient may benefit from treatment in a mental health facility rather than placement in a correctional institution, jail, juvenile correctional facility, or juvenile detention facility. Provides that the information disclosable under this provision is limited to whether the recipient is receiving mental health services from a mental health facility or has received such services within the preceding 6 months and may not be redisclosed by the law enforcement officer except as provided by law.

House Committee Amendment No. 1
Deletes reference to:
740 ILCS 110/4
Adds reference to:
20 ILCS 1705/54.1 new

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the State shall include in that contract a requirement that the facility provide the following rights, procedures, and services in relationship to those persons pursuant to the Mental Health and Developmental Disabilities Code: (1) the right to challenge a denial of admission; (2) the right to challenge a discharge; (3) the right to writing materials, postage, and telephone usage funds in reasonable amounts; (4) compliance with the requirements relating to the administration of psychotropic medication or electroconvulsive therapy; and (5) compliance with reporting requirements concerning the number of persons who were determined to meet the standard for administration of psychotropic medication or electroconvulsive therapy but for whom it was determined that the filing of such a petition was not warranted. Provides that the rate or amount paid under any contract subject to these provisions shall include funds sufficient to reimburse the mental health facility for any reasonable costs associated with these provisions. Provides that the State shall include in any contract subject to these provisions specific funds to cover the reasonable costs of any person required to testify in a commitment proceeding under the Mental Health and Developmental Disabilities Code and the reasonable costs of transporting any person subject to that hearing from the mental health facility to the place of the hearing. Effective immediately.

House Floor Amendment No. 2
Deletes reference to:
20 ILCS 1705/54.1 new
Adds reference to:
405 ILCS 5/2-103from Ch. 91 1/2, par. 2-103

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Code. Provides that whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the resident shall be entitled to the same rights as provided if the resident was in a State-operated mental health facility. Effective immediately.

Actions 
DateChamber Action
  2/15/2012HouseFiled with the Clerk by Rep. Kimberly du Buclet
  2/15/2012HouseFirst Reading
  2/15/2012HouseReferred to Rules Committee
  2/27/2012HouseAssigned to Judiciary I - Civil Law Committee
  3/7/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kimberly du Buclet
  3/7/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2012HouseAdded Chief Co-Sponsor Rep. William Davis
  3/7/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/9/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/9/2012HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/9/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kimberly du Buclet
  3/27/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/28/2012HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  3/29/2012HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 011-000-000
  3/29/2012HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/29/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/29/2012HouseThird Reading - Short Debate - Passed 108-000-000
  3/29/2012HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  3/29/2012HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  3/30/2012SenateArrive in Senate
  3/30/2012SenatePlaced on Calendar Order of First Reading April 17, 2012
  4/18/2012SenateChief Senate Sponsor Sen. Kwame Raoul
  4/18/2012SenateFirst Reading
  4/18/2012SenateReferred to Assignments
  4/24/2012SenateAssigned to Judiciary
  5/1/2012SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  5/1/2012SenateDo Pass Judiciary; 011-000-000
  5/1/2012SenatePlaced on Calendar Order of 2nd Reading May 2, 2012
  5/2/2012SenateSecond Reading
  5/2/2012SenatePlaced on Calendar Order of 3rd Reading May 3, 2012
  5/22/2012SenateThird Reading - Passed; 053-000-000
  5/22/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/22/2012HousePassed Both Houses
  6/20/2012HouseSent to the Governor
  8/17/2012HouseGovernor Approved
  8/17/2012HouseEffective Date August 17, 2012
  8/17/2012HousePublic Act . . . . . . . . . 97-1007

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