101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4774

 

Introduced 2/18/2020, by Rep. Curtis J. Tarver, II - André Thapedi

 

SYNOPSIS AS INTRODUCED:
 
745 ILCS 10/6-106  from Ch. 85, par. 6-106

    Amends the Local Government and Governmental Employees Tort Immunity Act. Deletes language providing that neither a local public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental or physical illness or addiction or from failing to prescribe for mental or physical illness or addiction.


LRB101 16351 LNS 65727 b

 

 

A BILL FOR

 

HB4774LRB101 16351 LNS 65727 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Governmental and Governmental
5Employees Tort Immunity Act is amended by changing Section
66-106 as follows:
 
7    (745 ILCS 10/6-106)  (from Ch. 85, par. 6-106)
8    Sec. 6-106. Immunity related to incidents involving mental
9or physical illness or addiction.
10    (a) (Blank). Neither a local public entity nor a public
11employee acting within the scope of his employment is liable
12for injury resulting from diagnosing or failing to diagnose
13that a person is afflicted with mental or physical illness or
14addiction or from failing to prescribe for mental or physical
15illness or addiction.
16    (b) Neither a local public entity nor a public employee
17acting within the scope of his or her employment is liable for
18administering with due care the treatment prescribed for mental
19or physical illness or addiction.
20    (c) Nothing in this Section section exonerates a public
21employee who has undertaken to prescribe for mental or physical
22illness or addiction from liability for injury proximately
23caused by his or her negligence or by his or her wrongful act

 

 

HB4774- 2 -LRB101 16351 LNS 65727 b

1in so prescribing or exonerates a local public entity whose
2employee, while acting in the scope of his or her employment,
3so causes such an injury.
4    (d) Nothing in this Section section exonerates a public
5employee from liability for injury proximately caused by his or
6her negligent or wrongful act or omission in administering any
7treatment prescribed for mental or physical illness or
8addiction or exonerates a local public entity whose employee,
9while acting in the scope of his or her employment, so causes
10such an injury.
11(Source: Laws 1965, p. 2983.)