Bill Status of HB 5350   96th General Assembly

Short Description:  MHDD CD-INVOLUNTARY ADMISSION

House Sponsors
Rep. Patricia R. Bellock-Sandra M. Pihos-Michael W. Tryon

Senate Sponsors
(Sen. Dale A. Righter-Pamela J. Althoff and Mattie Hunter)


Last Action  View All Actions

DateChamber Action
  8/20/2010HousePublic Act . . . . . . . . . 96-1453

Statutes Amended In Order of Appearance
405 ILCS 5/1-104.5
405 ILCS 5/3-602from Ch. 91 1/2, par. 3-602
405 ILCS 5/3-603from Ch. 91 1/2, par. 3-603
405 ILCS 5/3-607from Ch. 91 1/2, par. 3-607
405 ILCS 5/3-610from Ch. 91 1/2, par. 3-610
405 ILCS 5/3-702from Ch. 91 1/2, par. 3-702
405 ILCS 5/3-703from Ch. 91 1/2, par. 3-703
740 ILCS 110/4from Ch. 91 1/2, par. 804
740 ILCS 110/9.2
740 ILCS 110/10from Ch. 91 1/2, par. 810

Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Code and the Mental Health and Developmental Disabilities Confidentiality Act. Changes the definition of "dangerous conduct" to mean threatening behavior or conduct that places another individual or the person engaging in the behavior or conduct (rather than places another individual) in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm. Extends the lists of possible medical practitioners who must examine a person subject to an involuntary admission petition and execute a certificate stating whether involuntary admission and immediate hospitalization is appropriate, to include a psychiatrist (rather than a physician, qualified examiner, or clinical psychologist only). Contains provisions regarding the amount of time a mental health facility can temporarily detain a person for examination; the situations under which a person can be released from a mental health facility following the initial examination period and the court filing of a certificate stating whether involuntary admission and immediate hospitalization is appropriate; additional persons who are entitled to inspect and copy an admitted person's mental health records; additional agencies that may disclose a person's mental health records and communications to other agencies; and other matters. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
405 ILCS 5/1-104.5from Ch. 91 1/2, par. 1-119
Adds reference to:
405 ILCS 5/1-119from Ch. 91 1/2, par. 1-119
405 ILCS 5/1-119.1 new
405 ILCS 5/3-600from Ch. 91 1/2, par. 3-600
405 ILCS 5/3-601from Ch. 91 1/2, par. 3-601
405 ILCS 5/3-606from Ch. 91 1/2, par. 3-606
405 ILCS 5/Ch. III Art. VII heading
405 ILCS 5/3-700from Ch. 91 1/2, par. 3-700
405 ILCS 5/3-701from Ch. 91 1/2, par. 3-701
405 ILCS 5/3-704from Ch. 91 1/2, par. 3-704
405 ILCS 5/Ch. III Art. VII-A heading new
405 ILCS 5/3-750 new
405 ILCS 5/3-751 new
405 ILCS 5/3-752 new
405 ILCS 5/3-753 new
405 ILCS 5/3-754 new
405 ILCS 5/3-755 new
405 ILCS 5/3-756 new
405 ILCS 5/3-801from Ch. 91 1/2, par. 3-801
405 ILCS 5/3-801.5
405 ILCS 5/3-802from Ch. 91 1/2, par. 3-802
405 ILCS 5/3-805from Ch. 91 1/2, par. 3-805
405 ILCS 5/3-807from Ch. 91 1/2, par. 3-807
405 ILCS 5/3-808from Ch. 91 1/2, par. 3-808
405 ILCS 5/3-809from Ch. 91 1/2, par. 3-809
405 ILCS 5/3-810from Ch. 91 1/2, par. 3-810
405 ILCS 5/3-811from Ch. 91 1/2, par. 3-811
405 ILCS 5/3-812from Ch. 91 1/2, par. 3-812
405 ILCS 5/3-813from Ch. 91 1/2, par. 3-813
405 ILCS 5/3-900from Ch. 91 1/2, par. 3-900
405 ILCS 5/3-901from Ch. 91 1/2, par. 3-901
405 ILCS 5/3-902from Ch. 91 1/2, par. 3-902
405 ILCS 5/1-104.5 rep.
405 ILCS 5/3-704.1 rep.
405 ILCS 5/3-815 rep.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill and also amends the Mental Health and Developmental Disabilities Code as follows: changes certain existing provisions regarding involuntary admission to provisions regarding either (i) "involuntary admission on an inpatient basis" or (ii) "involuntary admission on an inpatient or outpatient basis"; adds provisions under which a person 18 years of age or older may be found by a court to be subject to involuntary admission on an outpatient basis and may receive alternative treatment in the community or may be placed in the care and custody of a relative or other person; changes certain existing provisions regarding orders for alternative treatment or care and custody to provisions regarding orders for "admission on an outpatient basis"; makes various changes regarding definitions, court hearings, discharge, restoration, transfer, and other matters; and repeals certain provisions concerning dangerous conduct, examination and detention, and the duration and contents of certain orders. Effective immediately.

Senate Committee Amendment No. 2
Changes the term "person subject to involuntary admission" to "person subject to involuntary admission on an inpatient basis". Defines the term to mean a person with mental illness who because of his or her illness is reasonably expected, unless treated on an inpatient basis, to engage in conduct placing such person or another in physical harm or in reasonable expectation of being physically harmed (rather than dangerous conduct which may include threatening behavior or conduct that places that person or another individual in reasonable expectation of being harmed, unless treated on an inpatient basis). Further defines the term to mean a person with mental illness who refuses treatment, is unable to understand his or her need for treatment, and is reasonably expected to suffer mental or emotional deterioration.

Senate Floor Amendment No. 3
Makes technical changes to the definition of "person subject to involuntary admission on an inpatient basis".

Actions 
DateChamber Action
  2/4/2010HouseFiled with the Clerk by Rep. Patricia R. Bellock
  2/5/2010HouseFirst Reading
  2/5/2010HouseReferred to Rules Committee
  2/11/2010HouseAdded Chief Co-Sponsor Rep. Sandra M. Pihos
  2/22/2010HouseAssigned to Human Services Committee
  3/3/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Human Services Committee
  3/3/2010HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/3/2010HouseDo Pass as Amended / Short Debate Human Services Committee; 007-000-000
  3/3/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2010HouseSecond Reading - Short Debate
  3/10/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/12/2010HouseAdded Chief Co-Sponsor Rep. Michael W. Tryon
  3/17/2010HouseThird Reading - Short Debate - Passed 116-000-000
  3/17/2010SenateArrive in Senate
  3/17/2010SenatePlaced on Calendar Order of First Reading
  3/17/2010SenateChief Senate Sponsor Sen. Dale A. Righter
  3/17/2010SenateFirst Reading
  3/17/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Human Services
  4/14/2010SenatePostponed - Human Services
  4/16/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter
  4/16/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/19/2010SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Dale A. Righter
  4/19/2010SenateSenate Committee Amendment No. 2 Referred to Assignments
  4/20/2010SenateSenate Committee Amendment No. 2 Assignments Refers to Human Services
  4/20/2010SenateSenate Committee Amendment No. 2 Adopted
  4/20/2010SenateDo Pass as Amended Human Services; 009-000-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/27/2010SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Dale A. Righter
  4/27/2010SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/28/2010SenateSecond Reading
  4/28/2010SenatePlaced on Calendar Order of 3rd Reading April 29, 2010
  4/28/2010SenateSenate Floor Amendment No. 3 Assignments Refers to Human Services
  4/29/2010SenateSenate Floor Amendment No. 3 Recommend Do Adopt Human Services; 009-000-000
  5/4/2010SenateRecalled to Second Reading
  5/4/2010SenateSenate Floor Amendment No. 3 Adopted; Righter
  5/4/2010SenatePlaced on Calendar Order of 3rd Reading
  5/4/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/4/2010SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/4/2010SenateThird Reading - Passed; 059-000-000
  5/4/2010SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/4/2010HouseArrived in House
  5/4/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2, 3
  5/4/2010HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Patricia R. Bellock
  5/4/2010HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Patricia R. Bellock
  5/4/2010HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/4/2010HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/6/2010HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/6/2010HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/26/2010HouseSenate Committee Amendment No. 2 House Concurs 110-000-001
  5/26/2010HouseSenate Floor Amendment No. 3 House Concurs 110-000-001
  5/26/2010HousePassed Both Houses
  6/24/2010HouseSent to the Governor
  8/20/2010HouseGovernor Approved
  8/20/2010HouseEffective Date August 20, 2010
  8/20/2010HousePublic Act . . . . . . . . . 96-1453

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