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Public Act 096-0193
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| HB1065 Enrolled |
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 |
Disabilities Confidentiality Act is amended by changing |
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 |
Department of
State Police requests information from a mental |
health or developmental
disability facility, as defined in |
Section 1-107 and 1-114 of the Mental
Health and Developmental |
Disabilities Code, relating to a specific
recipient and the |
facility director determines that disclosure of such
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information may be necessary to protect the life of, or to |
prevent
the infliction of great bodily harm to, a public |
official,
or a person under the protection of the United
States |
Secret Service, only the following information
may be |
disclosed: the recipient's name, address, and age and the date |
of
any admission to or discharge from a facility; and any |
information which
would indicate whether or not the recipient |
has a history of violence or
presents a danger of violence to |
the person under protection. Any information
so disclosed shall |
be used for investigative purposes only and shall not
be |
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publicly disseminated.
Any person participating in good faith |
in the disclosure of such
information in accordance with this |
provision shall have immunity from any
liability, civil, |
criminal or otherwise, if such information is disclosed
relying |
upon the representation of an officer of the United States |
Secret
Service or the Department of State Police that a person |
is under the
protection of the United States Secret Service or |
is a public official.
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For the purpose of this subsection (a), the term "public |
official" means
the Governor, Lieutenant Governor, Attorney |
General, Secretary of State,
State Comptroller, State |
Treasurer, or member of the General Assembly, member of the |
United States Congress, Judge of the United States as defined |
in 28 U.S.C. 451, Justice of the United States as defined in 28 |
U.S.C. 451, United States Magistrate Judge as defined in 28 |
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or |
Supreme, Appellate, Circuit, or Associate Judge of the State of |
Illinois. The
term shall also include the spouse, child or |
children of a public official.
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(b) The Department of Human Services (acting as successor |
to the
Department of Mental Health and Developmental |
Disabilities) and all
public or private hospitals and mental |
health facilities are required, as hereafter described in this |
subsection,
to furnish the Department of State Police only such |
information as may
be required for the sole purpose of |
determining whether an individual who
may be or may have been a |
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patient is disqualified because of that status
from receiving |
or retaining a Firearm Owner's Identification Card under
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subsection (e) or (f) of Section 8 of the Firearm Owners |
Identification Card
Act or 18 U.S.C. 922(g) and (n). All public |
or private hospitals and mental health facilities shall, in the |
form and manner required
by the Department, provide such |
information as shall be necessary for the
Department to comply |
with the reporting requirements to the Department of
State |
Police. Such information shall be furnished within 7 days after
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admission to a public or private hospital or mental health |
facility or the provision of services to a patient described in |
clause (2) of this subsection (b). Any such information |
disclosed under
this subsection shall
remain privileged and |
confidential, and shall not be redisclosed, except as required |
by clause (e)(2) of Section 3.1 of the Firearm Owners |
Identification Card Act, nor utilized
for any other purpose. |
The method of requiring the providing of such
information shall |
guarantee that no information is released beyond what
is |
necessary for this purpose. In addition, the information |
disclosed
shall be provided
by the Department within the time |
period established by Section 24-3 of the
Criminal Code of 1961 |
regarding the delivery of firearms. The method used
shall be |
sufficient to provide the necessary information within the
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prescribed time period, which may include periodically |
providing
lists to the Department of Human Services
or any |
public or private hospital or mental health facility of Firearm |
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Owner's Identification Card applicants
on which the Department |
or hospital shall indicate the identities of those
individuals |
who are to its knowledge disqualified from having a Firearm
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Owner's Identification Card for reasons described herein. The |
Department
may provide for a centralized source
of information |
for the State on this subject under its jurisdiction.
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Any person, institution, or agency, under this Act, |
participating in
good faith in the reporting or disclosure of |
records and communications
otherwise in accordance with this |
provision or with rules, regulations or
guidelines issued by |
the Department shall have immunity from any
liability, civil, |
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 |
provision,
the good faith of any person,
institution, or agency |
so reporting or disclosing shall be presumed. The
full extent |
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 |
or disclosure
in the good faith belief that the report or |
disclosure would violate
federal regulations governing the |
confidentiality of alcohol and drug abuse
patient records |
implementing 42 U.S.C. 290dd-3 and 290ee-3.
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For purposes of this subsection (b) only, the following |
terms shall have
the meaning prescribed:
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(1) "Hospital" means only that type of institution |
which is providing
full-time residential facilities and |
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treatment.
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(2) "Patient" shall include only: (i) a person who is |
an in-patient or resident of any public or private hospital |
or mental health facility or (ii) a person who is an |
out-patient or provided services by a public or private |
hospital or mental health facility whose mental condition |
is of such a nature that it is manifested by violent, |
suicidal, threatening, or assaultive behavior or reported |
behavior, for which there is a reasonable belief by a |
physician, clinical psychologist, or qualified examiner |
that the condition poses a clear and present or imminent |
danger to the patient, any other person or the community |
meaning the patient's condition poses a clear and present |
danger in accordance with subsection
(f) of Section 8 of |
the Firearm Owners Identification Card Act. The terms |
physician, clinical psychologist, and qualified examiner |
are defined in Sections 1-120, 1-103, and 1-122 of the |
Mental Health and Developmental Disabilities Code.
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(3) "Mental health facility" is defined by Section |
1-114 of the Mental Health and Developmental Disabilities |
Code.
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(c) Upon the request of a peace officer who takes a person |
into custody
and transports such person to a mental health or |
developmental disability
facility pursuant to Section 3-606 or |
4-404 of the Mental Health and
Developmental Disabilities Code |
or who transports a person from such facility,
a facility |
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director shall furnish said peace officer the name, address, |
age
and name of the nearest relative of the person transported |
to or from the
mental health or developmental disability |
facility. In no case shall the
facility director disclose to |
the peace officer any information relating to the
diagnosis, |
treatment or evaluation of the person's mental or physical |
health.
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For the purposes of this subsection (c), the terms "mental |
health or
developmental disability facility", "peace officer" |
and "facility director"
shall have the meanings ascribed to |
them in the Mental Health and
Developmental Disabilities Code.
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(d) Upon the request of a peace officer or prosecuting |
authority who is
conducting a bona fide investigation of a |
criminal offense, or attempting to
apprehend a fugitive from |
justice,
a facility director may disclose whether a person is |
present at the facility.
Upon request of a peace officer or |
prosecuting authority who has a valid
forcible felony warrant |
issued, a facility director shall disclose: (1) whether
the |
person who is the subject of the warrant is present at the |
facility and (2)
the
date of that person's discharge or future |
discharge from the facility.
The requesting peace officer or |
prosecuting authority must furnish a case
number and the |
purpose of the investigation or an outstanding arrest warrant |
at
the time of the request. Any person, institution, or agency
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participating in good faith in disclosing such information in |
accordance with
this subsection (d) is immune from any |