Full Text of HB2728 103rd General Assembly
HB2728 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2728 Introduced 2/16/2023, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
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Amends the Community Emergency Services and Support Act. Removes provisions prohibiting responders from assisting in the involuntary commitment of an individual.
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| | A BILL FOR |
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| | | HB2728 | | LRB103 29726 AWJ 56132 b |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Community Emergency Services and Support | 5 | | Act is amended by changing Section 30 as follows: | 6 | | (50 ILCS 754/30)
| 7 | | Sec. 30. State prohibitions. 9-1-1 PSAPs, emergency | 8 | | services dispatched through 9-1-1 PSAPs, and the mobile mental | 9 | | and behavioral health service established by the Division of | 10 | | Mental Health must coordinate their services so that, based on | 11 | | the information provided to them, the following State | 12 | | prohibitions are avoided: | 13 | | (a) Law enforcement responsibility for providing mental | 14 | | and behavioral health care. In any area where responders are | 15 | | available for dispatch, law enforcement shall not be | 16 | | dispatched to respond to an individual requiring mental or | 17 | | behavioral health care unless that individual is (i) involved | 18 | | in a suspected violation of the criminal laws of this State, or | 19 | | (ii) presents a threat of physical injury to self or others. | 20 | | Responders are not considered available for dispatch under | 21 | | this Section if 9-8-8 reports that it cannot dispatch | 22 | | appropriate service within the maximum response times | 23 | | established by each Regional Advisory Committee under Section |
| | | HB2728 | - 2 - | LRB103 29726 AWJ 56132 b |
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| 1 | | 45. | 2 | | (1) Standing on its own or in combination with each | 3 | | other, the fact that an individual is experiencing a | 4 | | mental or behavioral health emergency, or has a mental | 5 | | health, behavioral health, or other diagnosis, is not | 6 | | sufficient to justify an assessment that the individual is | 7 | | a threat of physical injury to self or others, or requires | 8 | | a law enforcement response to a request for emergency | 9 | | response or medical transportation. | 10 | | (2) If, based on its assessment of the threat to | 11 | | public safety, law enforcement would not accompany medical | 12 | | transportation responding to a physical health emergency, | 13 | | unless requested by responders, law enforcement may not | 14 | | accompany emergency response or medical transportation | 15 | | personnel responding to a mental or behavioral health | 16 | | emergency that presents an equivalent level of threat to | 17 | | self or public safety. | 18 | | (3) Without regard to an assessment of threat to self | 19 | | or threat to public safety, law enforcement may station | 20 | | personnel so that they can rapidly respond to requests for | 21 | | assistance from responders if law enforcement does not | 22 | | interfere with the provision of emergency response or | 23 | | transportation services. To the extent practical, not | 24 | | interfering with services includes remaining sufficiently | 25 | | distant from or out of sight of the individual receiving | 26 | | care so that law enforcement presence is unlikely to |
| | | HB2728 | - 3 - | LRB103 29726 AWJ 56132 b |
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| 1 | | escalate the emergency. | 2 | | (b) (Blank). Responder involvement in involuntary | 3 | | commitment. In order to maintain the appropriate care | 4 | | relationship, responders shall not in any way assist in the | 5 | | involuntary commitment of an individual beyond (i) reporting | 6 | | to their dispatching entity or to law enforcement that they | 7 | | believe the situation requires assistance the responders are | 8 | | not permitted to provide under this Section; (ii) providing | 9 | | witness statements; and (iii) fulfilling reporting | 10 | | requirements the responders may have under their professional | 11 | | ethical obligations or laws of this state. This prohibition | 12 | | shall not interfere with any responder's ability to provide | 13 | | physical or mental health care. | 14 | | (c) Use of law enforcement for transportation. In any area | 15 | | where responders are available for dispatch, unless requested | 16 | | by responders, law enforcement shall not be used to provide | 17 | | transportation to access mental or behavioral health care, or | 18 | | travel between mental or behavioral health care providers, | 19 | | except where no alternative is available. | 20 | | (d) Reduction of educational institution obligations. The | 21 | | services coordinated under this Act may not be used to replace | 22 | | any service an educational institution is required to provide | 23 | | to a student. It shall not substitute for appropriate special | 24 | | education and related services that schools are required to | 25 | | provide by any law.
| 26 | | (Source: P.A. 102-580, eff. 1-1-22 .)
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