Sen. Debbie DeFrancesco Halvorson
Filed: 2/7/2006
 
 

 




 

 		












09400SB2782sam001

LRB094 15527 DRJ 55453 a






1

AMENDMENT TO SENATE BILL 2782




2
    AMENDMENT NO. ______. Amend Senate Bill 2782 on page 1, 
3
after line 3, by inserting the following:

 
4
    "Section 2. The Abuse of Adults with Disabilities 
5
Intervention Act is amended  by changing Section 55 as follows:
 



6
    (20 ILCS 2435/55)  (from Ch. 23, par. 3395-55)



7
    Sec. 55. Access to records. All records concerning reports 
8
of abuse,
neglect, or exploitation of an adult with

9
disabilities and all
records generated as a result of the 
10
reports shall be confidential and
shall not be disclosed except 
11
as specifically authorized by this Act or
other applicable law. 
12
A person making a report of alleged abuse, neglect, or 
13
exploitation functioning in his or her capacity as a licensed 
14
professional may be entitled to the result of the report and of 
15
the investigative assessment as authorized by the Inspector 
16
General.  Access to the records, but not access to the
identity 
17
of the person or persons making a report of alleged
abuse, 
18
neglect, or exploitation as contained in the records, shall be

19
allowed to the following persons and for the following 
20
purposes:

21
    (a) Adults with Disabilities Abuse Project staff in the

22
furtherance of their
responsibilities under this Act;

23
    (b) A law enforcement agency investigating alleged or 
24
suspected
abuse, neglect, or exploitation of an adult with 
 


 






09400SB2782sam001
- 2 -
LRB094 15527 DRJ 55453 a




1
disabilities;

2
    (c) An adult with disabilities reported to be
abused, 
3
neglected, or
exploited, or the guardian of an adult with

4
disabilities unless the guardian is
the alleged perpetrator of 
5
the abuse, neglect, or exploitation;

6
    (d) A court, upon its finding that access to the records 
7
may be
necessary for the determination of an issue before the 
8
court.  However,
the access shall be limited to an in camera 
9
inspection of the records,
unless the court determines that 
10
disclosure of the information contained
therein is necessary 
11
for the resolution of an issue then pending before it;

12
    (e) A grand jury, upon its determination that access to the 
13
records is
necessary to the conduct of its official business;

14
    (f) Any person authorized by the Secretary, in writing, for

15
audit or bona
fide research purposes;

16
    (g) A coroner or medical examiner who has reason to believe 
17
that abuse or
neglect contributed to or resulted in the death 
18
of an adult with disabilities;

19
    (h) The agency designated pursuant to the Protection and 
20
Advocacy for
Developmentally Disabled Persons Act and the

21
Protection and Advocacy for Mentally Ill Persons Act.

22
(Source: P.A. 91-671, eff. 7-1-00.)".