Illinois General Assembly - Bill Status for SB2364
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 Bill Status of SB2364  98th General Assembly


Short Description:  MENTAL HEALTH RECORDS-DISCLOSE

Senate Sponsors
Sen. William R. Haine

Last Action
DateChamber Action
  1/13/2015SenateSession Sine Die

Statutes Amended In Order of Appearance
740 ILCS 110/10from 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 or court order in cases involving sexual assault or 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, and otherwise discoverable provided that other satisfactory evidence is not available regarding the facts sought to be established. Provides that a court may enter a protective order to prevent harm from the disclosure of the records. Provides for the redaction of certain information from the records. Provides that if findings are made in accordance with the new provisions, 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. Provides that the terms "sexual assault" and "sexual abuse" have the meanings given, respectively, to "criminal sexual assault" and "criminal sexual abuse" in the Criminal Code of 2012.

Actions 
DateChamber Action
  2/15/2013SenateFiled with Secretary by Sen. William R. Haine
  2/15/2013SenateFirst Reading
  2/15/2013SenateReferred to Assignments
  3/5/2013SenateAssigned to Judiciary
  3/12/2013SenatePostponed - Judiciary
  3/19/2013SenateTo Subcommittee on Tort Reform
  3/22/2013SenateRule 3-9(a) / Re-referred to Assignments
  1/13/2015SenateSession Sine Die

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