Rep. Kelly M. Cassidy

Filed: 3/12/2013





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2    AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by
3inserting the following in its proper numeric sequence:
4    "Section 160. The Nursing Home Care Act is amended by
5changing Section 3-119 as follows:
6    (210 ILCS 45/3-119)  (from Ch. 111 1/2, par. 4153-119)
7    Sec. 3-119. (a) The Department, after notice to the
8applicant or licensee, may suspend, revoke or refuse to renew a
9license in any case in which the Department finds any of the
11        (1) There has been a substantial failure to comply with
12    this Act or the rules and regulations promulgated by the
13    Department under this Act. A substantial failure by a
14    facility shall include, but not be limited to, any of the
15    following:
16            (A) termination of Medicare or Medicaid



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1        certification by the Centers for Medicare and Medicaid
2        Services; or
3            (B) a failure by the facility to pay any fine
4        assessed under this Act after the Department has sent
5        to the facility at least 2 notices of assessment that
6        include a schedule of payments as determined by the
7        Department, taking into account extenuating
8        circumstances and financial hardships of the facility.
9        (2) Conviction of the licensee, or of the person
10    designated to manage or supervise the facility, of a
11    felony, or of 2 or more misdemeanors involving moral
12    turpitude, during the previous 5 years as shown by a
13    certified copy of the record of the court of conviction.
14        (3) Personnel is insufficient in number or unqualified
15    by training or experience to properly care for the number
16    and type of residents served by the facility.
17        (4) Financial or other resources are insufficient to
18    conduct and operate the facility in accordance with
19    standards promulgated by the Department under this Act.
20        (5) The facility is not under the direct supervision of
21    a full-time administrator, as defined by regulation, who is
22    licensed, if required, under the Nursing Home
23    Administrators Licensing and Disciplinary Act.
24        (6) The facility has committed 2 Type "AA" violations
25    within a 2-year period.
26        (7) There has been a substantial failure to comply with



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1    the provisions of subsection (b) of Section 12 of the
2    Mental Health and Developmental Disabilities
3    Confidentiality Act.
4    (b) Notice under this Section shall include a clear and
5concise statement of the violations on which the nonrenewal or
6revocation is based, the statute or rule violated and notice of
7the opportunity for a hearing under Section 3-703.
8    (c) If a facility desires to contest the nonrenewal or
9revocation of a license, the facility shall, within 10 days
10after receipt of notice under subsection (b) of this Section,
11notify the Department in writing of its request for a hearing
12under Section 3-703. Upon receipt of the request the Department
13shall send notice to the facility and hold a hearing as
14provided under Section 3-703.
15    (d) The effective date of nonrenewal or revocation of a
16license by the Department shall be any of the following:
17        (1) Until otherwise ordered by the circuit court,
18    revocation is effective on the date set by the Department
19    in the notice of revocation, or upon final action after
20    hearing under Section 3-703, whichever is later.
21        (2) Until otherwise ordered by the circuit court,
22    nonrenewal is effective on the date of expiration of any
23    existing license, or upon final action after hearing under
24    Section 3-703, whichever is later; however, a license shall
25    not be deemed to have expired if the Department fails to
26    timely respond to a timely request for renewal under this



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1    Act or for a hearing to contest nonrenewal under paragraph
2    (c).
3        (3) The Department may extend the effective date of
4    license revocation or expiration in any case in order to
5    permit orderly removal and relocation of residents.
6    (e) The Department may impose fines on hospitals, not to
7exceed $500 per occurrence, for failing to report the admission
8of a person for mental health treatment when the admission
9would disqualify the person from receiving or retaining a
10Firearm Owner's Identification Card under subsection (e) of
11Section 8 of the Firearm Owners Identification Card Act.
12    The Department may refuse to issue or may suspend the
13license of any person who fails to file a return, or to pay the
14tax, penalty or interest shown in a filed return, or to pay any
15final assessment of tax, penalty or interest, as required by
16any tax Act administered by the Illinois Department of Revenue,
17until such time as the requirements of any such tax Act are
19(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
20    Section 165. The Hospital Licensing Act is amended by
21changing Section 7 as follows:
22    (210 ILCS 85/7)  (from Ch. 111 1/2, par. 148)
23    Sec. 7. (a) The Director after notice and opportunity for
24hearing to the applicant or licensee may deny, suspend, or



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1revoke a permit to establish a hospital or deny, suspend, or
2revoke a license to open, conduct, operate, and maintain a
3hospital in any case in which he finds that there has been a
4substantial failure to comply with the provisions of this Act,
5the Hospital Report Card Act, or the Illinois Adverse Health
6Care Events Reporting Law of 2005, or subsection (b) of Section
712 of the Mental Health and Developmental Disabilities
8Confidentiality Act, or the standards, rules, and regulations
9established by virtue of any of those Acts. The Department may
10impose fines on hospitals, not to exceed $500 per occurrence,
11for failing to (1) initiate a criminal background check on a
12patient that meets the criteria for hospital-initiated
13background checks, or (2) report the death of a person known to
14be a resident of a facility licensed under the MR/DD Community
15Care Act to the coroner or medical examiner within 24 hours as
16required by Section 6.09a of this Act, or (3) report the
17admission of a person for mental health treatment when the
18admission would disqualify the person from receiving or
19retaining a Firearm Owner's Identification Card under
20subsection (e) of Section 8 of the Firearm Owners
21Identification Card Act. In assessing whether to impose such a
22fine for failure to initiate a criminal background check, the
23Department shall consider various factors including, but not
24limited to, whether the hospital has engaged in a pattern or
25practice of failing to initiate criminal background checks.
26Money from fines shall be deposited into the Long Term Care



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1Provider Fund.
2    (b) Such notice shall be effected by registered mail or by
3personal service setting forth the particular reasons for the
4proposed action and fixing a date, not less than 15 days from
5the date of such mailing or service, at which time the
6applicant or licensee shall be given an opportunity for a
7hearing. Such hearing shall be conducted by the Director or by
8an employee of the Department designated in writing by the
9Director as Hearing Officer to conduct the hearing. On the
10basis of any such hearing, or upon default of the applicant or
11licensee, the Director shall make a determination specifying
12his findings and conclusions. In case of a denial to an
13applicant of a permit to establish a hospital, such
14determination shall specify the subsection of Section 6 under
15which the permit was denied and shall contain findings of fact
16forming the basis of such denial. A copy of such determination
17shall be sent by registered mail or served personally upon the
18applicant or licensee. The decision denying, suspending, or
19revoking a permit or a license shall become final 35 days after
20it is so mailed or served, unless the applicant or licensee,
21within such 35 day period, petitions for review pursuant to
22Section 13.
23    (c) The procedure governing hearings authorized by this
24Section shall be in accordance with rules promulgated by the
25Department and approved by the Hospital Licensing Board. A full
26and complete record shall be kept of all proceedings, including



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1the notice of hearing, complaint, and all other documents in
2the nature of pleadings, written motions filed in the
3proceedings, and the report and orders of the Director and
4Hearing Officer. All testimony shall be reported but need not
5be transcribed unless the decision is appealed pursuant to
6Section 13. A copy or copies of the transcript may be obtained
7by any interested party on payment of the cost of preparing
8such copy or copies.
9    (d) The Director or Hearing Officer shall upon his own
10motion, or on the written request of any party to the
11proceeding, issue subpoenas requiring the attendance and the
12giving of testimony by witnesses, and subpoenas duces tecum
13requiring the production of books, papers, records, or
14memoranda. All subpoenas and subpoenas duces tecum issued under
15the terms of this Act may be served by any person of full age.
16The fees of witnesses for attendance and travel shall be the
17same as the fees of witnesses before the Circuit Court of this
18State, such fees to be paid when the witness is excused from
19further attendance. When the witness is subpoenaed at the
20instance of the Director, or Hearing Officer, such fees shall
21be paid in the same manner as other expenses of the Department,
22and when the witness is subpoenaed at the instance of any other
23party to any such proceeding the Department may require that
24the cost of service of the subpoena or subpoena duces tecum and
25the fee of the witness be borne by the party at whose instance
26the witness is summoned. In such case, the Department in its



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1discretion, may require a deposit to cover the cost of such
2service and witness fees. A subpoena or subpoena duces tecum
3issued as aforesaid shall be served in the same manner as a
4subpoena issued out of a court.
5    (e) Any Circuit Court of this State upon the application of
6the Director, or upon the application of any other party to the
7proceeding, may, in its discretion, compel the attendance of
8witnesses, the production of books, papers, records, or
9memoranda and the giving of testimony before the Director or
10Hearing Officer conducting an investigation or holding a
11hearing authorized by this Act, by an attachment for contempt,
12or otherwise, in the same manner as production of evidence may
13be compelled before the court.
14    (f) The Director or Hearing Officer, or any party in an
15investigation or hearing before the Department, may cause the
16depositions of witnesses within the State to be taken in the
17manner prescribed by law for like depositions in civil actions
18in courts of this State, and to that end compel the attendance
19of witnesses and the production of books, papers, records, or
21(Source: P.A. 96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
22    Section 210. The Firearm Owners Identification Card Act is
23amended by changing Sections 8, 8.1, 8.2, and 9 as follows:
24    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)



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1    Sec. 8. The Department of State Police has authority to
2deny an application for or to revoke and seize a Firearm
3Owner's Identification Card previously issued under this Act
4only if the Department finds that the applicant or the person
5to whom such card was issued is or was at the time of issuance:
6    (a) A person under 21 years of age who has been convicted
7of a misdemeanor other than a traffic offense or adjudged
9    (b) A person under 21 years of age who does not have the
10written consent of his parent or guardian to acquire and
11possess firearms and firearm ammunition, or whose parent or
12guardian has revoked such written consent, or where such parent
13or guardian does not qualify to have a Firearm Owner's
14Identification Card;
15    (c) A person convicted of a felony under the laws of this
16or any other jurisdiction;
17    (d) A person addicted to narcotics;
18    (e) A person who has been a patient of a mental institution
19within the past 5 years or has been adjudicated as a mental
21    (f) A person whose mental condition is of such a nature
22that it poses a clear and present danger to the applicant, any
23other person or persons or the community;
24    For the purposes of this Section, "mental condition" means
25a state of mind determined to be inconsistent with the
26possession of weapons as determined by a treating clinical



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1psychologist or physician or manifested by threatening
2behavior, for example violent, suicidal, threatening or
3assaultive behavior as determined by a clinician, school
4administrator, or law enforcement official.
5    (g) A person who is intellectually disabled;
6    (h) A person who intentionally makes a false statement in
7the Firearm Owner's Identification Card application;
8    (i) An alien who is unlawfully present in the United States
9under the laws of the United States;
10    (i-5) An alien who has been admitted to the United States
11under a non-immigrant visa (as that term is defined in Section
12101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
131101(a)(26))), except that this subsection (i-5) does not apply
14to any alien who has been lawfully admitted to the United
15States under a non-immigrant visa if that alien is:
16        (1) admitted to the United States for lawful hunting or
17    sporting purposes;
18        (2) an official representative of a foreign government
19    who is:
20            (A) accredited to the United States Government or
21        the Government's mission to an international
22        organization having its headquarters in the United
23        States; or
24            (B) en route to or from another country to which
25        that alien is accredited;
26        (3) an official of a foreign government or



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1    distinguished foreign visitor who has been so designated by
2    the Department of State;
3        (4) a foreign law enforcement officer of a friendly
4    foreign government entering the United States on official
5    business; or
6        (5) one who has received a waiver from the Attorney
7    General of the United States pursuant to 18 U.S.C.
8    922(y)(3);
9    (j) (Blank);
10    (k) A person who has been convicted within the past 5 years
11of battery, assault, aggravated assault, violation of an order
12of protection, or a substantially similar offense in another
13jurisdiction, in which a firearm was used or possessed;
14    (l) A person who has been convicted of domestic battery,
15aggravated domestic battery, or a substantially similar
16offense in another jurisdiction committed before, on or after
17January 1, 2012 (the effective date of Public Act 97-158). If
18the applicant or person who has been previously issued a
19Firearm Owner's Identification Card under this Act knowingly
20and intelligently waives the right to have an offense described
21in this paragraph (l) tried by a jury, and by guilty plea or
22otherwise, results in a conviction for an offense in which a
23domestic relationship is not a required element of the offense
24but in which a determination of the applicability of 18 U.S.C.
25922(g)(9) is made under Section 112A-11.1 of the Code of
26Criminal Procedure of 1963, an entry by the court of a judgment



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1of conviction for that offense shall be grounds for denying an
2application for and for revoking and seizing a Firearm Owner's
3Identification Card previously issued to the person under this
5    (m) (Blank);
6    (n) A person who is prohibited from acquiring or possessing
7firearms or firearm ammunition by any Illinois State statute or
8by federal law;
9    (o) A minor subject to a petition filed under Section 5-520
10of the Juvenile Court Act of 1987 alleging that the minor is a
11delinquent minor for the commission of an offense that if
12committed by an adult would be a felony;
13    (p) An adult who had been adjudicated a delinquent minor
14under the Juvenile Court Act of 1987 for the commission of an
15offense that if committed by an adult would be a felony; or
16    (q) A person who is not a resident of the State of
17Illinois, except as provided in subsection (a-10) of Section 4.
18(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
19eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
20    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
21    Sec. 8.1. Mental health notifications to Circuit Clerk to
22notify Department of State Police.
23    (a) The Circuit Clerk shall, in the form and manner
24required by the Supreme Court, notify the Department of State
25Police of all final dispositions of cases for which the



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1Department has received information reported to it under
2Sections 2.1 and 2.2 of the Criminal Identification Act.
3    (b) Upon adjudication of any individual as a mental
4defective, as defined in Section 1.1 or as provided in
5paragraph (3.5) of subsection (c) of Section 104-26 of the Code
6of Criminal Procedure of 1963, the court shall direct the
7circuit court clerk to immediately notify the Department of
8State Police, Firearm Owner's Identification (FOID)
9department, and shall forward a copy of the court order to the
11    (c) The Department of Human Services shall, in the form and
12manner required by the Department of State Police, report all
13information collected under subsection (b) of Section 12 of the
14Mental Health and Developmental Disabilities Confidentiality
15Act for the purpose of determining whether an individual who
16may be or may have been a patient in a mental institution is
17disqualified under State or federal law because of that status
18from (1) receiving or retaining a Firearm Owner's
19Identification Card or (2) purchasing a weapon.
20    (d) Any clinical psychologist or physician treating an
21individual whose mental condition is of such a nature that it
22poses a clear and present danger to the individual, any other
23person or persons or the community shall report the identity of
24that person and his or her assessment of that person's mental
25condition to the Department of State Police within 24 hours.
26    (e) Any college or university that finds one of its



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1students has a mental condition of such a nature that it poses
2a clear and present danger to the student, any other person or
3persons or the student population shall report the identity of
4that person and his or her assessment of that student's mental
5condition to the Department of State Police within 24 hours.
6    (f) The Department of State Police shall adopt rules to
7implement this Section.
8(Source: P.A. 97-1131, eff. 1-1-13.)
9    (430 ILCS 65/8.2)
10    Sec. 8.2. Firearm Owner's Identification Card denial or
12    (a) The Department of State Police shall deny an
13application or shall revoke and seize a Firearm Owner's
14Identification Card previously issued under this Act if the
15Department finds that the applicant or person to whom such card
16was issued is or was at the time of issuance subject to any an
17existing order of protection interim, emergency, or plenary
18issued under the Illinois Domestic Violence Act of 1986 or the
19Stalking No Contact Order Act.
20    (b) The Department of State Police shall provide notice of
21all revocations made under subsection (a) of this Section or
22Section 8 of this Act, and the reason therefor to all law
23enforcement agencies with jurisdiction to assist with the
24revocation and seizure of the Firearm Owner's Identification



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1(Source: P.A. 96-701, eff. 1-1-10.)
2    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)
3    Sec. 9. Notice of denial or revocation.
4    (a) Every person whose application for a Firearm Owner's
5Identification Card is denied, and every holder of such a Card
6whose Card is revoked or seized, shall receive a written notice
7from the Department of State Police stating specifically the
8grounds upon which his application has been denied or upon
9which his Identification Card has been revoked.
10    (b) Any person who has received notice from the Department
11of State Police stating his or her card is revoked shall
12immediately return the card to the Department of State Police.
13Failure to return the card is a petty offense with a minimum
14fine of $100. After being served notice, a person who uses his
15or her revoked card to purchase any firearm, firearm
16ammunition, or firearm ammunition feeding device is guilty of a
17Class 4 felony.
18(Source: P.A. 97-1131, eff. 1-1-13.)
19    Section 345. The Mental Health and Developmental
20Disabilities Confidentiality Act is amended by changing
21Section 12 as follows:
22    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
23    Sec. 12. (a) If the United States Secret Service or the



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1Department of State Police requests information from a mental
2health or developmental disability facility, as defined in
3Section 1-107 and 1-114 of the Mental Health and Developmental
4Disabilities Code, relating to a specific recipient and the
5facility director determines that disclosure of such
6information may be necessary to protect the life of, or to
7prevent the infliction of great bodily harm to, a public
8official, or a person under the protection of the United States
9Secret Service, only the following information may be
10disclosed: the recipient's name, address, and age and the date
11of any admission to or discharge from a facility; and any
12information which would indicate whether or not the recipient
13has a history of violence or presents a danger of violence to
14the person under protection. Any information so disclosed shall
15be used for investigative purposes only and shall not be
16publicly disseminated. Any person participating in good faith
17in the disclosure of such information in accordance with this
18provision shall have immunity from any liability, civil,
19criminal or otherwise, if such information is disclosed relying
20upon the representation of an officer of the United States
21Secret Service or the Department of State Police that a person
22is under the protection of the United States Secret Service or
23is a public official.
24    For the purpose of this subsection (a), the term "public
25official" means the Governor, Lieutenant Governor, Attorney
26General, Secretary of State, State Comptroller, State



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1Treasurer, member of the General Assembly, member of the United
2States Congress, Judge of the United States as defined in 28
3U.S.C. 451, Justice of the United States as defined in 28
4U.S.C. 451, United States Magistrate Judge as defined in 28
5U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
6Supreme, Appellate, Circuit, or Associate Judge of the State of
7Illinois. The term shall also include the spouse, child or
8children of a public official.
9    (b) All The Department of Human Services (acting as
10successor to the Department of Mental Health and Developmental
11Disabilities) and all public or private hospitals, nursing
12homes or long term care facilities, colleges or universities
13providing mental health services to its student population, and
14mental health facilities are required, as hereafter described
15in this subsection, to furnish the Department of Human Services
16(acting as successor to the Department of Mental Health and
17Developmental Disabilities) State Police only such information
18as defined by the Department of State Police that is may be
19required for the sole purpose of determining whether an
20individual who may be or may have been a patient is
21disqualified under State or federal law because of that status
22from (1) receiving or retaining a Firearm Owner's
23Identification Card or (2) purchasing a weapon, and submitting
24identifying information regarding the disqualified individual
25to the National Instant Criminal Background Check System Index
26program under subsection (e) or (f) of Section 8 of the Firearm



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1Owners Identification Card Act or 18 U.S.C. 922(g) and (n). All
2public or private hospitals, nursing homes or long term care
3facilities, and mental health facilities shall, in the form and
4manner required by the Department, provide such information as
5shall be necessary for the Department to comply with the
6reporting requirements to the Department of State Police in the
7manner required by the Department of State Police. Such
8information shall be furnished within 7 days after admission to
9a public or private hospital, nursing home or long term care
10facility, or mental health facility or the provision of
11services to a patient described in clause (2) of this
12subsection (b). Any such information disclosed under this
13subsection shall remain privileged and confidential, and shall
14only not be used and redisclosed as provided by , except as
15required by clause (e)(2) of Section 3.1 of the Firearm Owners
16Identification Card Act and may not be , nor utilized for any
17other purpose. The method of requiring the providing of such
18information shall guarantee that no information is released
19beyond what is necessary for this purpose. In addition, the
20information disclosed shall be provided by the Department
21within the time period established by Section 24-3 of the
22Criminal Code of 2012 regarding the delivery of firearms. The
23method used shall be sufficient to provide the necessary
24information within the prescribed time period, which may
25include periodically providing lists to the Department of Human
26Services or any public or private hospital or mental health



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1facility of Firearm Owner's Identification Card applicants on
2which the Department or hospital shall indicate the identities
3of those individuals who are to its knowledge disqualified from
4having a Firearm Owner's Identification Card for reasons
5described herein. The Department may provide for a centralized
6source of information for the State on this subject under its
8    Any person, institution, or agency, under this Act,
9participating in good faith in the reporting or disclosure of
10records and communications otherwise in accordance with this
11provision or with rules, regulations or guidelines issued by
12the Department shall have immunity from any liability, civil,
13criminal or otherwise, that might result by reason of the
14action. For the purpose of any proceeding, civil or criminal,
15arising out of a report or disclosure in accordance with this
16provision, the good faith of any person, institution, or agency
17so reporting or disclosing shall be presumed. The full extent
18of the immunity provided in this subsection (b) shall apply to
19any person, institution or agency that fails to make a report
20or disclosure in the good faith belief that the report or
21disclosure would violate federal regulations governing the
22confidentiality of alcohol and drug abuse patient records
23implementing 42 U.S.C. 290dd-3 and 290ee-3.
24    For purposes of this subsection (b) only, the following
25terms shall have the meaning prescribed:
26        (1) "Hospital" means only that type of institution



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1    which is providing full-time residential facilities and
2    treatment.
3        (2) "Patient" shall include only: (i) a person who is
4    an in-patient or resident of any public or private hospital
5    or mental health facility or (ii) a person who is an
6    out-patient or provided services by a public or private
7    hospital or mental health facility whose mental condition
8    is of such a nature that it is manifested by violent,
9    suicidal, threatening, or assaultive behavior or reported
10    behavior, for which there is a reasonable belief by a
11    physician, clinical psychologist, or qualified examiner
12    that the condition poses a clear and present or imminent
13    danger to the patient, any other person or the community
14    meaning the patient's condition poses a clear and present
15    danger in accordance with subsection (f) of Section 8 of
16    the Firearm Owners Identification Card Act. The terms
17    physician, clinical psychologist, and qualified examiner
18    are defined in Sections 1-120, 1-103, and 1-122 of the
19    Mental Health and Developmental Disabilities Code.
20        (3) "Mental health facility" is defined by Section
21    1-114 of the Mental Health and Developmental Disabilities
22    Code.
23    (c) Upon the request of a peace officer who takes a person
24into custody and transports such person to a mental health or
25developmental disability facility pursuant to Section 3-606 or
264-404 of the Mental Health and Developmental Disabilities Code



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1or who transports a person from such facility, a facility
2director shall furnish said peace officer the name, address,
3age and name of the nearest relative of the person transported
4to or from the mental health or developmental disability
5facility. In no case shall the facility director disclose to
6the peace officer any information relating to the diagnosis,
7treatment or evaluation of the person's mental or physical
9    For the purposes of this subsection (c), the terms "mental
10health or developmental disability facility", "peace officer"
11and "facility director" shall have the meanings ascribed to
12them in the Mental Health and Developmental Disabilities Code.
13    (d) Upon the request of a peace officer or prosecuting
14authority who is conducting a bona fide investigation of a
15criminal offense, or attempting to apprehend a fugitive from
16justice, a facility director may disclose whether a person is
17present at the facility. Upon request of a peace officer or
18prosecuting authority who has a valid forcible felony warrant
19issued, a facility director shall disclose: (1) whether the
20person who is the subject of the warrant is present at the
21facility and (2) the date of that person's discharge or future
22discharge from the facility. The requesting peace officer or
23prosecuting authority must furnish a case number and the
24purpose of the investigation or an outstanding arrest warrant
25at the time of the request. Any person, institution, or agency
26participating in good faith in disclosing such information in



09800HB1157ham008- 22 -LRB098 08477 RLC 42693 a

1accordance with this subsection (d) is immune from any
2liability, civil, criminal or otherwise, that might result by
3reason of the action.
4(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)".