Date	Chamber	Action
1/8/2013	Senate	Session Sine Die

Statutes Amended In Order of Appearance

740 ILCS 110/10

from Ch. 91 1/2, par. 810

Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the mental health records of a recipient may be disclosed in a civil, criminal or administrative proceeding in response to a subpoena, discovery request, or other lawful process in cases involving criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse when the recipient is the alleged perpetrator of the offense and the disclosure relates directly to the fact or immediate circumstances of the offense, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal may be taken, finds, after an in camera examination, that it is relevant, probative, not unduly prejudicial or inflammatory, and otherwise admissible provided that other satisfactory evidence is not available regarding the facts sought to be established.

Senate Committee Amendment No. 1
Further amends the Mental Health and Developmental Disabilities Confidentiality Act. Deletes the language added by the introduced bill and adds similar language with the following changes: provides that the language applies to the disclosure of records of a recipient in cases involving sexual assault or sexual abuse (instead of criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse) when the recipient is the alleged perpetrator; deletes a requirement that the court find that the evidence to be disclosed is not unduly prejudicial or inflammatory; replaces a requirement that the evidence to be disclosed is otherwise admissible with a requirement that it is otherwise discoverable; and adds language providing that a court may enter a protective order to prevent harm from the disclosure of the records.

Senate Floor Amendment No. 2
Further amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that, subject to specified conditions, the records of a recipient may be disclosed in a civil, criminal, or administrative proceeding in response to a subpoena or court order (instead of in response to a subpoena, discovery request, or other lawful process) in cases involving sexual assault or sexual abuse when the recipient is the alleged perpetrator of the sexual assault or sexual abuse. Adds language providing that, if findings are made in accordance with the provisions added by the bill, the court shall issue an order authorizing the disclosure of the records of a recipient or the issuance of a subpoena for the records to be delivered to the court for an in camera examination. Adds a cross-reference.

Actions 

Date	Chamber	Action
2/10/2012	Senate	Filed with Secretary by Sen. William R. Haine
2/10/2012	Senate	First Reading
2/10/2012	Senate	Referred to Assignments
2/24/2012	Senate	Assigned to Judiciary
2/28/2012	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
2/28/2012	Senate	Senate Committee Amendment No. 1 Referred to Assignments
2/29/2012	Senate	Senate Committee Amendment No. 1 Assignments Refers to Judiciary
3/6/2012	Senate	Senate Committee Amendment No. 1 Adopted
3/7/2012	Senate	Do Pass as Amended Judiciary; 010-000-000
3/7/2012	Senate	Placed on Calendar Order of 2nd Reading March 8, 2012
3/8/2012	Senate	Second Reading
3/8/2012	Senate	Placed on Calendar Order of 3rd Reading March 21, 2012
3/26/2012	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
3/26/2012	Senate	Senate Floor Amendment No. 2 Referred to Assignments
3/26/2012	Senate	Senate Floor Amendment No. 2 Assignments Refers to Judiciary
3/27/2012	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
3/29/2012	Senate	Recalled to Second Reading
3/29/2012	Senate	Senate Floor Amendment No. 2 Adopted; Haine
3/29/2012	Senate	Placed on Calendar Order of 3rd Reading
3/29/2012	Senate	Third Reading - Passed; 055-000-000
3/29/2012	House	Arrived in House
3/30/2012	House	Chief House Sponsor Rep. Jerry F. Costello, II
3/30/2012	House	Placed on Calendar Order of First Reading
3/30/2012	House	First Reading
3/30/2012	House	Referred to Rules Committee
4/16/2012	House	Assigned to Judiciary I - Civil Law Committee
4/25/2012	House	Do Pass / Short Debate Judiciary I - Civil Law Committee; 009-002-000
4/25/2012	House	Placed on Calendar 2nd Reading - Short Debate
5/10/2012	House	House Floor Amendment No. 1 Filed with Clerk by Rep. Jerry F. Costello, II
5/10/2012	House	House Floor Amendment No. 1 Referred to Rules Committee
5/22/2012	House	Second Reading - Short Debate
5/22/2012	House	Held on Calendar Order of Second Reading - Short Debate
5/25/2012	House	Final Action Deadline Extended-9(b) May 31, 2012
5/31/2012	House	Rule 19(a) / Re-referred to Rules Committee
1/8/2013	Senate	Session Sine Die

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