SB2782sam001 94TH GENERAL ASSEMBLY

Sen. Debbie DeFrancesco Halvorson

Filed: 2/7/2006

09400SB2782sam001 LRB094 15527 DRJ 55453 a

AMENDMENT TO SENATE BILL 2782

AMENDMENT NO. ______. Amend Senate Bill 2782 on page 1, after line 3, by inserting the following:

"Section 2. The Abuse of Adults with Disabilities Intervention Act is amended by changing Section 55 as follows:

(20 ILCS 2435/55) (from Ch. 23, par. 3395-55)

Sec. 55. Access to records. All records concerning reports of abuse, neglect, or exploitation of an adult with disabilities and all records generated as a result of the reports shall be confidential and shall not be disclosed except as specifically authorized by this Act or other applicable law. A person making a report of alleged abuse, neglect, or exploitation functioning in his or her capacity as a licensed professional may be entitled to the result of the report and of the investigative assessment as authorized by the Inspector General. Access to the records, but not access to the identity of the person or persons making a report of alleged abuse, neglect, or exploitation as contained in the records, shall be allowed to the following persons and for the following purposes:

(a) Adults with Disabilities Abuse Project staff in the furtherance of their responsibilities under this Act;

(b) A law enforcement agency investigating alleged or suspected abuse, neglect, or exploitation of an adult with disabilities;

(c) An adult with disabilities reported to be abused, neglected, or exploited, or the guardian of an adult with disabilities unless the guardian is the alleged perpetrator of the abuse, neglect, or exploitation;

(d) A court, upon its finding that access to the records may be necessary for the determination of an issue before the court. However, the access shall be limited to an in camera inspection of the records, unless the court determines that disclosure of the information contained therein is necessary for the resolution of an issue then pending before it;

(e) A grand jury, upon its determination that access to the records is necessary to the conduct of its official business;

(f) Any person authorized by the Secretary, in writing, for audit or bona fide research purposes;

(g) A coroner or medical examiner who has reason to believe that abuse or neglect contributed to or resulted in the death of an adult with disabilities;

(h) The agency designated pursuant to the Protection and Advocacy for Developmentally Disabled Persons Act and the Protection and Advocacy for Mentally Ill Persons Act.

(Source: P.A. 91-671, eff. 7-1-00.)".