99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6573

 

Introduced , by Rep. David R. Leitch

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 110/12  from Ch. 91 1/2, par. 812
405 ILCS 5/6-103.2 rep.

    Amends the Mental Health and Developmental Disabilities Code. Repeals the Section providing that if a person 14 years or older is determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner, the physician, clinical psychologist, or qualified examiner shall notify the Department of Health and Human Services within 7 days who then shall notify the Department of State Police, if appropriate, to determine continuing eligibility under the Firearm Owners Identification Card Act. Makes a conforming change in the Mental Health and Developmental Disabilities Confidentiality Act.


LRB099 21084 SLF 46272 b

 

 

A BILL FOR

 

HB6573LRB099 21084 SLF 46272 b

1    AN ACT concerning disclosures for firearm possession
2eligibility.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Mental Health and Developmental
6Disabilities Confidentiality Act is amended by changing
7Section 12 as follows:
 
8    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
9    Sec. 12. (a) If the United States Secret Service or the
10Department of State Police requests information from a mental
11health or developmental disability facility, as defined in
12Section 1-107 and 1-114 of the Mental Health and Developmental
13Disabilities Code, relating to a specific recipient and the
14facility director determines that disclosure of such
15information may be necessary to protect the life of, or to
16prevent the infliction of great bodily harm to, a public
17official, or a person under the protection of the United States
18Secret Service, only the following information may be
19disclosed: the recipient's name, address, and age and the date
20of any admission to or discharge from a facility; and any
21information which would indicate whether or not the recipient
22has a history of violence or presents a danger of violence to
23the person under protection. Any information so disclosed shall

 

 

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1be used for investigative purposes only and shall not be
2publicly disseminated. Any person participating in good faith
3in the disclosure of such information in accordance with this
4provision shall have immunity from any liability, civil,
5criminal or otherwise, if such information is disclosed relying
6upon the representation of an officer of the United States
7Secret Service or the Department of State Police that a person
8is under the protection of the United States Secret Service or
9is a public official.
10    For the purpose of this subsection (a), the term "public
11official" means the Governor, Lieutenant Governor, Attorney
12General, Secretary of State, State Comptroller, State
13Treasurer, member of the General Assembly, member of the United
14States Congress, Judge of the United States as defined in 28
15U.S.C. 451, Justice of the United States as defined in 28
16U.S.C. 451, United States Magistrate Judge as defined in 28
17U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
18Supreme, Appellate, Circuit, or Associate Judge of the State of
19Illinois. The term shall also include the spouse, child or
20children of a public official.
21    (b) The Department of Human Services (acting as successor
22to the Department of Mental Health and Developmental
23Disabilities) and all public or private hospitals and mental
24health facilities are required, as hereafter described in this
25subsection, to furnish the Department of State Police only such
26information as may be required for the sole purpose of

 

 

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1determining whether an individual who may be or may have been a
2patient is disqualified because of that status from receiving
3or retaining a Firearm Owner's Identification Card or falls
4within the federal prohibitors under subsection (e), (f), (g),
5(r), (s), or (t) of Section 8 of the Firearm Owners
6Identification Card Act, or falls within the federal
7prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
8clinical psychologists, or qualified examiners at public or
9private mental health facilities or parts thereof as defined in
10this subsection shall, in the form and manner required by the
11Department, provide notice directly to the Department of Human
12Services, or to his or her employer who shall then report to
13the Department, within 24 hours after determining that a person
14poses a clear and present danger to himself, herself, or
15others, or within 7 days after a person 14 years or older is
16determined to be a person with a developmental disability by a
17physician, clinical psychologist, or qualified examiner as
18described in Section 1.1 of the Firearm Owners Identification
19Card Act. If a person is a patient as described in clause (1)
20of the definition of "patient" in Section 1.1 of the Firearm
21Owners Identification Card Act, this information shall be
22furnished within 7 days after admission to a public or private
23hospital or mental health facility or the provision of
24services. Any such information disclosed under this subsection
25shall remain privileged and confidential, and shall not be
26redisclosed, except as required by subsection (e) of Section

 

 

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13.1 of the Firearm Owners Identification Card Act, nor utilized
2for any other purpose. The method of requiring the providing of
3such information shall guarantee that no information is
4released beyond what is necessary for this purpose. In
5addition, the information disclosed shall be provided by the
6Department within the time period established by Section 24-3
7of the Criminal Code of 2012 regarding the delivery of
8firearms. The method used shall be sufficient to provide the
9necessary information within the prescribed time period, which
10may include periodically providing lists to the Department of
11Human Services or any public or private hospital or mental
12health facility of Firearm Owner's Identification Card
13applicants on which the Department or hospital shall indicate
14the identities of those individuals who are to its knowledge
15disqualified from having a Firearm Owner's Identification Card
16for reasons described herein. The Department may provide for a
17centralized source of information for the State on this subject
18under its jurisdiction. The identity of the person reporting
19under this subsection shall not be disclosed to the subject of
20the report. For the purposes of this subsection, the physician,
21clinical psychologist, or qualified examiner making the
22determination and his or her employer shall not be held
23criminally, civilly, or professionally liable for making or not
24making the notification required under this subsection, except
25for willful or wanton misconduct.
26    Any person, institution, or agency, under this Act,

 

 

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1participating in good faith in the reporting or disclosure of
2records and communications otherwise in accordance with this
3provision or with rules, regulations or guidelines issued by
4the Department shall have immunity from any liability, civil,
5criminal or otherwise, that might result by reason of the
6action. For the purpose of any proceeding, civil or criminal,
7arising out of a report or disclosure in accordance with this
8provision, the good faith of any person, institution, or agency
9so reporting or disclosing shall be presumed. The full extent
10of the immunity provided in this subsection (b) shall apply to
11any person, institution or agency that fails to make a report
12or disclosure in the good faith belief that the report or
13disclosure would violate federal regulations governing the
14confidentiality of alcohol and drug abuse patient records
15implementing 42 U.S.C. 290dd-3 and 290ee-3.
16    For purposes of this subsection (b) only, the following
17terms shall have the meaning prescribed:
18        (1) (Blank).
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.
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.
4    (c) Upon the request of a peace officer who takes a person
5into custody and transports such person to a mental health or
6developmental disability facility pursuant to Section 3-606 or
74-404 of the Mental Health and Developmental Disabilities Code
8or who transports a person from such facility, a facility
9director shall furnish said peace officer the name, address,
10age and name of the nearest relative of the person transported
11to or from the mental health or developmental disability
12facility. In no case shall the facility director disclose to
13the peace officer any information relating to the diagnosis,
14treatment or evaluation of the person's mental or physical
15health.
16    For the purposes of this subsection (c), the terms "mental
17health or developmental disability facility", "peace officer"
18and "facility director" shall have the meanings ascribed to
19them in the Mental Health and Developmental Disabilities Code.
20    (d) Upon the request of a peace officer or prosecuting
21authority who is conducting a bona fide investigation of a
22criminal offense, or attempting to apprehend a fugitive from
23justice, a facility director may disclose whether a person is
24present at the facility. Upon request of a peace officer or
25prosecuting authority who has a valid forcible felony warrant
26issued, a facility director shall disclose: (1) whether the

 

 

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1person who is the subject of the warrant is present at the
2facility and (2) the date of that person's discharge or future
3discharge from the facility. The requesting peace officer or
4prosecuting authority must furnish a case number and the
5purpose of the investigation or an outstanding arrest warrant
6at the time of the request. Any person, institution, or agency
7participating in good faith in disclosing such information in
8accordance with this subsection (d) is immune from any
9liability, civil, criminal or otherwise, that might result by
10reason of the action.
11(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
12eff. 7-27-15; revised 10-22-15.)
 
13    (405 ILCS 5/6-103.2 rep.)
14    Section 10. The Mental Health and Developmental
15Disabilities Code is amended by repealing Section 6-103.2.