HB0283 101ST GENERAL ASSEMBLY

LRB101 04589 RLC 50039 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0283

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

405 ILCS 5/6-103.3

Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of State Police shall annually compile and submit a report to the Governor and General Assembly no later than May 31 of each calendar year on the number of persons reported as posing a clear and present danger to themselves or others by persons required to report that information to the Department of State Police under the Code. Provides that the report shall be based on information submitted by each county, municipality, public elementary or secondary school, private elementary or secondary school, or public or private community college, college, or university of the State without disclosing individual identifying information of the persons who pose the clear and present danger to themselves or others. Provides that if the person who poses the clear and present danger is reported by home address and the person attends a school, college, or university, then the compilation shall only include that individual once in the report for the total annual compilation.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Code is amended by changing Section 6-103.3 as follows:

(405 ILCS 5/6-103.3)

Sec. 6-103.3. Clear and present danger; notice. If a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Department of State Police, within 24 hours of making the determination that the person poses a clear and present danger. The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Department of State Police in a form and manner prescribed by the Department of State Police. Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services. The identity of the person reporting under this Section shall not be disclosed to the subject of the report. The physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct. The Department of State Police shall annually compile and submit a report to the Governor and General Assembly no later than May 31 of each calendar year on the number of persons reported under this Section as posing a clear and present danger to themselves or others by persons required to report that information to the Department of State Police under this Section. The report shall be based on information submitted by each county, municipality, public elementary or secondary school, private elementary or secondary school, or public or private community college, college, or university of this State without disclosing individual identifying information of the persons who pose the clear and present danger to themselves or others. If the person who poses the clear and present danger is reported by home address and the person attends a school, college, or university, then the compilation shall only include that individual once in the report for the total annual compilation. This Section does not apply to a law enforcement official, if making the notification under this Section will interfere with an ongoing or pending criminal investigation.

For the purposes of this Section:

"Clear and present danger" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

"Determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner" means in the professional opinion of the physician, clinical psychologist, or qualified examiner, a person poses a clear and present danger.

"School administrator" means the person required to report under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)