Full Text of HB1065 96th General Assembly
HB1065 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1065
Introduced 2/11/2009, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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740 ILCS 110/12 |
from Ch. 91 1/2, par. 812 |
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In provisions of the Mental Health and Developmental Disabilities Confidentiality Act authorizing a mental health or developmental disability facility to disclose certain information to the U.S. Secret Service or the Department of
State Police when necessary to protect the life of, or to prevent bodily harm to, a public official, changes the definition of "public official" to include a Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois. Effective immediately.
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A BILL FOR
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HB1065 |
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LRB096 03122 AJO 13138 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Confidentiality Act is amended by changing | 6 |
| Section 12 as follows:
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| (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
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| Sec. 12. (a) If the United States Secret Service or the | 9 |
| Department of
State Police requests information from a mental | 10 |
| health or developmental
disability facility, as defined in | 11 |
| Section 1-107 and 1-114 of the Mental
Health and Developmental | 12 |
| Disabilities Code, relating to a specific
recipient and the | 13 |
| facility director determines that disclosure of such
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| information may be necessary to protect the life of, or to | 15 |
| prevent
the infliction of great bodily harm to, a public | 16 |
| official,
or a person under the protection of the United
States | 17 |
| Secret Service, only the following information
may be | 18 |
| disclosed: the recipient's name, address, and age and the date | 19 |
| of
any admission to or discharge from a facility; and any | 20 |
| information which
would indicate whether or not the recipient | 21 |
| has a history of violence or
presents a danger of violence to | 22 |
| the person under protection. Any information
so disclosed shall | 23 |
| be used for investigative purposes only and shall not
be |
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LRB096 03122 AJO 13138 b |
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| publicly disseminated.
Any person participating in good faith | 2 |
| in the disclosure of such
information in accordance with this | 3 |
| provision shall have immunity from any
liability, civil, | 4 |
| criminal or otherwise, if such information is disclosed
relying | 5 |
| upon the representation of an officer of the United States | 6 |
| Secret
Service or the Department of State Police that a person | 7 |
| is under the
protection of the United States Secret Service or | 8 |
| is a public official.
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| For the purpose of this subsection (a), the term "public | 10 |
| official" means
the Governor, Lieutenant Governor, Attorney | 11 |
| General, Secretary of State,
State Comptroller, State | 12 |
| Treasurer , or member of the General Assembly , and any Supreme, | 13 |
| Appellate, Circuit, or Associate Judge of the State of | 14 |
| Illinois . The
term shall also include the spouse, child or | 15 |
| children of a public official.
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| (b) The Department of Human Services (acting as successor | 17 |
| to the
Department of Mental Health and Developmental | 18 |
| Disabilities) and all
public or private hospitals and mental | 19 |
| health facilities are required, as hereafter described in this | 20 |
| subsection,
to furnish the Department of State Police only such | 21 |
| information as may
be required for the sole purpose of | 22 |
| determining whether an individual who
may be or may have been a | 23 |
| patient is disqualified because of that status
from receiving | 24 |
| or retaining a Firearm Owner's Identification Card under
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| subsection (e) or (f) of Section 8 of the Firearm Owners | 26 |
| Identification Card
Act or 18 U.S.C. 922(g) and (n). All public |
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| or private hospitals and mental health facilities shall, in the | 2 |
| form and manner required
by the Department, provide such | 3 |
| information as shall be necessary for the
Department to comply | 4 |
| with the reporting requirements to the Department of
State | 5 |
| Police. Such information shall be furnished within 7 days after
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| admission to a public or private hospital or mental health | 7 |
| facility or the provision of services to a patient described in | 8 |
| clause (2) of this subsection (b). Any such information | 9 |
| disclosed under
this subsection shall
remain privileged and | 10 |
| confidential, and shall not be redisclosed, except as required | 11 |
| by clause (e)(2) of Section 3.1 of the Firearm Owners | 12 |
| Identification Card Act, nor utilized
for any other purpose. | 13 |
| The method of requiring the providing of such
information shall | 14 |
| guarantee that no information is released beyond what
is | 15 |
| necessary for this purpose. In addition, the information | 16 |
| disclosed
shall be provided
by the Department within the time | 17 |
| period established by Section 24-3 of the
Criminal Code of 1961 | 18 |
| regarding the delivery of firearms. The method used
shall be | 19 |
| sufficient to provide the necessary information within the
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| prescribed time period, which may include periodically | 21 |
| providing
lists to the Department of Human Services
or any | 22 |
| public or private hospital or mental health facility of Firearm | 23 |
| Owner's Identification Card applicants
on which the Department | 24 |
| or hospital shall indicate the identities of those
individuals | 25 |
| who are to its knowledge disqualified from having a Firearm
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| Owner's Identification Card for reasons described herein. The |
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| Department
may provide for a centralized source
of information | 2 |
| for the State on this subject under its jurisdiction.
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| Any person, institution, or agency, under this Act, | 4 |
| participating in
good faith in the reporting or disclosure of | 5 |
| records and communications
otherwise in accordance with this | 6 |
| provision or with rules, regulations or
guidelines issued by | 7 |
| the Department shall have immunity from any
liability, civil, | 8 |
| criminal or otherwise, that might result by reason of the
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| action. For the purpose of any proceeding, civil or criminal,
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| arising out of a report or disclosure in accordance with this | 11 |
| provision,
the good faith of any person,
institution, or agency | 12 |
| so reporting or disclosing shall be presumed. The
full extent | 13 |
| of the immunity provided in this subsection (b) shall apply to
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| any person, institution or agency that fails to make a report | 15 |
| or disclosure
in the good faith belief that the report or | 16 |
| disclosure would violate
federal regulations governing the | 17 |
| confidentiality of alcohol and drug abuse
patient records | 18 |
| implementing 42 U.S.C. 290dd-3 and 290ee-3.
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| For purposes of this subsection (b) only, the following | 20 |
| terms shall have
the meaning prescribed:
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| (1) "Hospital" means only that type of institution | 22 |
| which is providing
full-time residential facilities and | 23 |
| treatment.
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| (2) "Patient" shall include only: (i) a person who is | 25 |
| an in-patient or resident of any public or private hospital | 26 |
| or mental health facility or (ii) a person who is an |
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| out-patient or provided services by a public or private | 2 |
| hospital or mental health facility whose mental condition | 3 |
| is of such a nature that it is manifested by violent, | 4 |
| suicidal, threatening, or assaultive behavior or reported | 5 |
| behavior, for which there is a reasonable belief by a | 6 |
| physician, clinical psychologist, or qualified examiner | 7 |
| that the condition poses a clear and present or imminent | 8 |
| danger to the patient, any other person or the community | 9 |
| meaning the patient's condition poses a clear and present | 10 |
| danger in accordance with subsection
(f) of Section 8 of | 11 |
| the Firearm Owners Identification Card Act. The terms | 12 |
| physician, clinical psychologist, and qualified examiner | 13 |
| are defined in Sections 1-120, 1-103, and 1-122 of the | 14 |
| Mental Health and Developmental Disabilities Code.
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| (3) "Mental health facility" is defined by Section | 16 |
| 1-114 of the Mental Health and Developmental Disabilities | 17 |
| Code.
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| (c) Upon the request of a peace officer who takes a person | 19 |
| into custody
and transports such person to a mental health or | 20 |
| developmental disability
facility pursuant to Section 3-606 or | 21 |
| 4-404 of the Mental Health and
Developmental Disabilities Code | 22 |
| or who transports a person from such facility,
a facility | 23 |
| director shall furnish said peace officer the name, address, | 24 |
| age
and name of the nearest relative of the person transported | 25 |
| to or from the
mental health or developmental disability | 26 |
| facility. In no case shall the
facility director disclose to |
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| the peace officer any information relating to the
diagnosis, | 2 |
| treatment or evaluation of the person's mental or physical | 3 |
| health.
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| For the purposes of this subsection (c), the terms "mental | 5 |
| health or
developmental disability facility", "peace officer" | 6 |
| and "facility director"
shall have the meanings ascribed to | 7 |
| them in the Mental Health and
Developmental Disabilities Code.
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| (d) Upon the request of a peace officer or prosecuting | 9 |
| authority who is
conducting a bona fide investigation of a | 10 |
| criminal offense, or attempting to
apprehend a fugitive from | 11 |
| justice,
a facility director may disclose whether a person is | 12 |
| present at the facility.
Upon request of a peace officer or | 13 |
| prosecuting authority who has a valid
forcible felony warrant | 14 |
| issued, a facility director shall disclose: (1) whether
the | 15 |
| person who is the subject of the warrant is present at the | 16 |
| facility and (2)
the
date of that person's discharge or future | 17 |
| discharge from the facility.
The requesting peace officer or | 18 |
| prosecuting authority must furnish a case
number and the | 19 |
| purpose of the investigation or an outstanding arrest warrant | 20 |
| at
the time of the request. Any person, institution, or agency
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| participating in good faith in disclosing such information in | 22 |
| accordance with
this subsection (d) is immune from any | 23 |
| liability, civil, criminal or
otherwise, that might result by | 24 |
| reason of the action.
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| (Source: P.A. 95-564, eff. 6-1-08 .)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |
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