State of Illinois
90th General Assembly
Legislation

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90_HB0850

      New Act
          Creates the Health Facilities Protection  Act.   Provides
      that  a health facility may petition the Attorney General for
      protection when protection  of  the  facility  by  local  law
      enforcement   agencies   and  U.S.  Marshals  appears  to  be
      inadequate.   Provides  that  the  Attorney   General   shall
      investigate  the  circumstances  underlying  the  request and
      notify  the  Governor.   Provides  that  the  Governor  shall
      determine whether to deploy the Illinois  National  Guard  to
      protect the facility.  The protection shall be provided at no
      cost to the facility.
                                                     LRB9001690JSgc
                                               LRB9001690JSgc
 1        AN ACT to create the Health Facilities Protection Act.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Health Facilities Protection Act.
 6        Section  5.  Definition.   In this Act, "health facility"
 7    means a public or private hospital, clinic,  center,  medical
 8    school,  medical  training institution, health care facility,
 9    physician's   office,   infirmary,   dispensary,   ambulatory
10    surgical treatment center, or other institution  or  location
11    where medical care is provided to any person.
12        Section  10.  Petition  for protection.  The manager of a
13    health  facility  may  petition  the  Attorney  General   for
14    protection  of  the  health facility if the manager is of the
15    opinion that the facility cannot be protected  from  harm  by
16    local  law  enforcement  agencies  or  U.  S.  Marshals.  The
17    petition shall state  the  nature  of  the  harm  from  which
18    protection is sought.
19        Section 15.  Response to petition.
20        (a)  Upon  receiving  a  petition  for  protection from a
21    health facility under Section 10, the Attorney General  shall
22    investigate  the  circumstances  giving rise to the petition.
23    If  the  Attorney  General  determines  that  the  need   for
24    protection is well founded, the Attorney General shall notify
25    the  Governor  of  the request to protect the health facility
26    from harm.  The  Attorney  General  shall  recommend  to  the
27    Governor  whether  the  utilization  of the Illinois National
28    Guard is necessary to protect the health  facility.   If  the
29    Attorney  General  determines  that  the  use of the Illinois
                            -2-                LRB9001690JSgc
 1    National Guard is necessary, the recommendation shall include
 2    the period of time protection will be necessary.
 3        (b)  Upon  receiving  notice  of  the  request  from  the
 4    Attorney General, the Governor shall decide whether to deploy
 5    the Illinois National Guard to protect the  health  facility.
 6    The Governor shall determine the duration of any deployment.
 7        Section 20.  Cost of protection.  A health facility shall
 8    not  be  required to make any payment for protection received
 9    under this Act.

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