Full Text of SB2782 94th General Assembly
SB2782sam001 94TH GENERAL ASSEMBLY
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Sen. Debbie DeFrancesco Halvorson
Filed: 2/7/2006
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LRB094 15527 DRJ 55453 a |
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| AMENDMENT TO SENATE BILL 2782
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| AMENDMENT NO. ______. Amend Senate Bill 2782 on page 1, | 3 |
| after line 3, by inserting the following:
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| "Section 2. The Abuse of Adults with Disabilities | 5 |
| Intervention Act is amended by changing Section 55 as follows:
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| (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
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| Sec. 55. Access to records. All records concerning reports | 8 |
| of abuse,
neglect, or exploitation of an adult with
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| 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
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| allowed to the following persons and for the following | 20 |
| purposes:
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| (a) Adults with Disabilities Abuse Project staff in the
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| furtherance of their
responsibilities under this Act;
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| (b) A law enforcement agency investigating alleged or | 24 |
| suspected
abuse, neglect, or exploitation of an adult with |
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LRB094 15527 DRJ 55453 a |
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| disabilities;
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| (c) An adult with disabilities reported to be
abused, | 3 |
| neglected, or
exploited, or the guardian of an adult with
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| disabilities unless the guardian is
the alleged perpetrator of | 5 |
| the abuse, neglect, or exploitation;
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| (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;
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| (e) A grand jury, upon its determination that access to the | 13 |
| records is
necessary to the conduct of its official business;
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| (f) Any person authorized by the Secretary, in writing, for
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| audit or bona
fide research purposes;
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| (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;
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| (h) The agency designated pursuant to the Protection and | 20 |
| Advocacy for
Developmentally Disabled Persons Act and the
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| Protection and Advocacy for Mentally Ill Persons Act.
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| (Source: P.A. 91-671, eff. 7-1-00.)".
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