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1 | AN ACT concerning disclosures for firearm possession | |||||||||||||||||||||
2 | eligibility.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 5. The Mental Health and Developmental | |||||||||||||||||||||
6 | Disabilities Confidentiality Act is amended by changing | |||||||||||||||||||||
7 | Section 12 as follows:
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8 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
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9 | Sec. 12. (a) If the United States Secret Service or the | |||||||||||||||||||||
10 | Department of
State Police requests information from a mental | |||||||||||||||||||||
11 | health or developmental
disability facility, as defined in | |||||||||||||||||||||
12 | Section 1-107 and 1-114 of the Mental
Health and Developmental | |||||||||||||||||||||
13 | Disabilities Code, relating to a specific
recipient and the | |||||||||||||||||||||
14 | facility director determines that disclosure of such
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15 | information may be necessary to protect the life of, or to | |||||||||||||||||||||
16 | prevent
the infliction of great bodily harm to, a public | |||||||||||||||||||||
17 | official,
or a person under the protection of the United
States | |||||||||||||||||||||
18 | Secret Service, only the following information
may be | |||||||||||||||||||||
19 | disclosed: the recipient's name, address, and age and the date | |||||||||||||||||||||
20 | of
any admission to or discharge from a facility; and any | |||||||||||||||||||||
21 | information which
would indicate whether or not the recipient | |||||||||||||||||||||
22 | has a history of violence or
presents a danger of violence to | |||||||||||||||||||||
23 | the person under protection. Any information
so disclosed shall |
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1 | be used for investigative purposes only and shall not
be | ||||||
2 | publicly disseminated.
Any person participating in good faith | ||||||
3 | in the disclosure of such
information in accordance with this | ||||||
4 | provision shall have immunity from any
liability, civil, | ||||||
5 | criminal or otherwise, if such information is disclosed
relying | ||||||
6 | upon the representation of an officer of the United States | ||||||
7 | Secret
Service or the Department of State Police that a person | ||||||
8 | is under the
protection of the United States Secret Service or | ||||||
9 | is a public official.
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10 | For the purpose of this subsection (a), the term "public | ||||||
11 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
12 | General, Secretary of State,
State Comptroller, State | ||||||
13 | Treasurer, member of the General Assembly, member of the United | ||||||
14 | States Congress, Judge of the United States as defined in 28 | ||||||
15 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
16 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
17 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
18 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
19 | Illinois. The
term shall also include the spouse, child or | ||||||
20 | children of a public official.
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21 | (b) The Department of Human Services (acting as successor | ||||||
22 | to the
Department of Mental Health and Developmental | ||||||
23 | Disabilities) and all
public or private hospitals and mental | ||||||
24 | health facilities are required, as hereafter described in this | ||||||
25 | subsection,
to furnish the Department of State Police only such | ||||||
26 | information as may
be required for the sole purpose of |
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1 | determining whether an individual who
may be or may have been a | ||||||
2 | patient is disqualified because of that status
from receiving | ||||||
3 | or retaining a Firearm Owner's Identification Card or falls | ||||||
4 | within the federal prohibitors under subsection (e), (f), (g), | ||||||
5 | (r), (s), or (t) of Section 8 of the Firearm Owners | ||||||
6 | Identification Card Act, or falls within the federal | ||||||
7 | prohibitors in 18 U.S.C. 922(g) and (n). All physicians, | ||||||
8 | clinical psychologists, or qualified examiners at public or | ||||||
9 | private mental health facilities or parts thereof as defined in | ||||||
10 | this subsection shall, in the form and manner required
by the | ||||||
11 | Department, provide notice directly to the Department of Human | ||||||
12 | Services, or to his or her employer who shall then report to | ||||||
13 | the Department, within 24 hours after determining that a person | ||||||
14 | poses a clear and present danger to himself, herself, or | ||||||
15 | others , or within 7 days after a person 14 years or older is | ||||||
16 | determined to be a person with a developmental disability by a | ||||||
17 | physician, clinical psychologist, or qualified examiner as | ||||||
18 | described in Section 1.1 of the Firearm Owners Identification | ||||||
19 | Card Act . If a person is a patient as described in clause (1) | ||||||
20 | of the definition of "patient" in Section 1.1 of the Firearm | ||||||
21 | Owners Identification Card Act, this information shall be | ||||||
22 | furnished within 7 days after
admission to a public or private | ||||||
23 | hospital or mental health facility or the provision of | ||||||
24 | services. Any such information disclosed under
this subsection | ||||||
25 | shall
remain privileged and confidential, and shall not be | ||||||
26 | redisclosed, except as required by subsection (e) of Section |
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1 | 3.1 of the Firearm Owners Identification Card Act, nor utilized
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2 | for any other purpose. The method of requiring the providing of | ||||||
3 | such
information shall guarantee that no information is | ||||||
4 | released beyond what
is necessary for this purpose. In | ||||||
5 | addition, the information disclosed
shall be provided
by the | ||||||
6 | Department within the time period established by Section 24-3 | ||||||
7 | of the
Criminal Code of 2012 regarding the delivery of | ||||||
8 | firearms. The method used
shall be sufficient to provide the | ||||||
9 | necessary information within the
prescribed time period, which | ||||||
10 | may include periodically providing
lists to the Department of | ||||||
11 | Human Services
or any public or private hospital or mental | ||||||
12 | health facility of Firearm Owner's Identification Card | ||||||
13 | applicants
on which the Department or hospital shall indicate | ||||||
14 | the identities of those
individuals who are to its knowledge | ||||||
15 | disqualified from having a Firearm
Owner's Identification Card | ||||||
16 | for reasons described herein. The Department
may provide for a | ||||||
17 | centralized source
of information for the State on this subject | ||||||
18 | under its jurisdiction. The identity of the person reporting | ||||||
19 | under this subsection shall not be disclosed to the subject of | ||||||
20 | the report. For the purposes of this subsection, the physician, | ||||||
21 | clinical psychologist, or qualified examiner making the | ||||||
22 | determination and his or her employer shall not be held | ||||||
23 | criminally, civilly, or professionally liable for making or not | ||||||
24 | making the notification required under this subsection, except | ||||||
25 | for willful or wanton misconduct.
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26 | Any person, institution, or agency, under this Act, |
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1 | participating in
good faith in the reporting or disclosure of | ||||||
2 | records and communications
otherwise in accordance with this | ||||||
3 | provision or with rules, regulations or
guidelines issued by | ||||||
4 | the Department shall have immunity from any
liability, civil, | ||||||
5 | criminal or otherwise, that might result by reason of the
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6 | action. For the purpose of any proceeding, civil or criminal,
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7 | arising out of a report or disclosure in accordance with this | ||||||
8 | provision,
the good faith of any person,
institution, or agency | ||||||
9 | so reporting or disclosing shall be presumed. The
full extent | ||||||
10 | of the immunity provided in this subsection (b) shall apply to
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11 | any person, institution or agency that fails to make a report | ||||||
12 | or disclosure
in the good faith belief that the report or | ||||||
13 | disclosure would violate
federal regulations governing the | ||||||
14 | confidentiality of alcohol and drug abuse
patient records | ||||||
15 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
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16 | For purposes of this subsection (b) only, the following | ||||||
17 | terms shall have
the meaning prescribed:
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18 | (1) (Blank).
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19 | (1.3) "Clear and present danger" has the meaning as | ||||||
20 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
21 | Card Act. | ||||||
22 | (1.5) (Blank). "Person with a developmental | ||||||
23 | disability" has the meaning as defined in Section 1.1 of | ||||||
24 | the Firearm Owners Identification Card Act.
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25 | (2) "Patient" has the meaning as defined in Section 1.1 | ||||||
26 | of the Firearm Owners Identification Card Act.
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1 | (3) "Mental health facility" has the meaning as defined | ||||||
2 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
3 | Act.
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4 | (c) Upon the request of a peace officer who takes a person | ||||||
5 | into custody
and transports such person to a mental health or | ||||||
6 | developmental disability
facility pursuant to Section 3-606 or | ||||||
7 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
8 | or who transports a person from such facility,
a facility | ||||||
9 | director shall furnish said peace officer the name, address, | ||||||
10 | age
and name of the nearest relative of the person transported | ||||||
11 | to or from the
mental health or developmental disability | ||||||
12 | facility. In no case shall the
facility director disclose to | ||||||
13 | the peace officer any information relating to the
diagnosis, | ||||||
14 | treatment or evaluation of the person's mental or physical | ||||||
15 | health.
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16 | For the purposes of this subsection (c), the terms "mental | ||||||
17 | health or
developmental disability facility", "peace officer" | ||||||
18 | and "facility director"
shall have the meanings ascribed to | ||||||
19 | them in the Mental Health and
Developmental Disabilities Code.
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20 | (d) Upon the request of a peace officer or prosecuting | ||||||
21 | authority who is
conducting a bona fide investigation of a | ||||||
22 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
23 | justice,
a facility director may disclose whether a person is | ||||||
24 | present at the facility.
Upon request of a peace officer or | ||||||
25 | prosecuting authority who has a valid
forcible felony warrant | ||||||
26 | issued, a facility director shall disclose: (1) whether
the |
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1 | person who is the subject of the warrant is present at the | ||||||
2 | facility and (2)
the
date of that person's discharge or future | ||||||
3 | discharge from the facility.
The requesting peace officer or | ||||||
4 | prosecuting authority must furnish a case
number and the | ||||||
5 | purpose of the investigation or an outstanding arrest warrant | ||||||
6 | at
the time of the request. Any person, institution, or agency
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7 | participating in good faith in disclosing such information in | ||||||
8 | accordance with
this subsection (d) is immune from any | ||||||
9 | liability, civil, criminal or
otherwise, that might result by | ||||||
10 | reason of the action.
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11 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
12 | eff. 7-27-15; revised 10-22-15.)
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13 | (405 ILCS 5/6-103.2 rep.) | ||||||
14 | Section 10. The Mental Health and Developmental | ||||||
15 | Disabilities Code is amended by repealing Section 6-103.2.
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