HB1488 94TH GENERAL ASSEMBLY

LRB094 07549 DRJ 37717 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1488

Introduced 02/10/05, by Rep. Jim Sacia - John J. Millner

SYNOPSIS AS INTRODUCED:

405 ILCS 5/3-606

from Ch. 91 1/2, par. 3-606

Amends the Mental Health and Developmental Disabilities Code. Provides that a peace officer may take a person into custody and transport him to a mental health facility when the peace officer has reasonable grounds to believe that the person is subject to involuntary admission and in need of immediate hospitalization (removes a requirement that the "reasonable grounds" be a result of the peace officer's personal observation). Provides that nothing in these provisions shall be interpreted to prevent (i) the filing of a petition for involuntary admission completed by the facility director or any other person or (ii) a decision by the petitioner or his or her counsel or the State's Attorney to proceed with a hearing on a petition for involuntary admission completed by someone other than the peace officer who transported the respondent to the facility. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Section 3-606 as follows:

(405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606)

Sec. 3-606. A peace officer may take a person into custody and transport him to a mental health facility when, as a result of his personal observation, the peace officer has reasonable grounds to believe that the person is subject to involuntary admission and in need of immediate hospitalization to protect such person or others from physical harm. Upon arrival at the facility, the peace officer shall complete the petition under Section 3-601. Nothing in this Section shall be interpreted to prevent (i) the filing of a petition under Section 3-601 completed by the facility director or any other person or (ii) a decision by the petitioner or his or her counsel or the State's Attorney to proceed with a hearing under Article VIII of this Chapter based on a petition completed by someone other than the peace officer who transported the respondent.

(Source: P.A. 91-726, eff. 6-2-00.)

Section 99. Effective date. This Act takes effect upon becoming law.