Full Text of HB2424 95th General Assembly
HB2424ham001 95TH GENERAL ASSEMBLY
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Rep. Lou Lang
Filed: 5/28/2008
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LRB095 00958 AJO 51526 a |
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| AMENDMENT TO HOUSE BILL 2424
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| AMENDMENT NO. ______. Amend House Bill 2424 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Mental Health and Developmental | 5 |
| Disabilities Confidentiality Act is amended by changing | 6 |
| Section 12 as follows:
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| (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
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| (Text of Section after amendment by P.A. 95-564 )
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| Sec. 12. (a) If the United States Secret Service or the | 10 |
| Department of
State Police requests information from a mental | 11 |
| health or developmental
disability facility, as defined in | 12 |
| Section 1-107 and 1-114 of the Mental
Health and Developmental | 13 |
| Disabilities Code, relating to a specific
recipient and the | 14 |
| facility director determines that disclosure of such
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| information may be necessary to protect the life of, or to | 16 |
| prevent
the infliction of great bodily harm to, a public |
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| official,
or a person under the protection of the United
States | 2 |
| Secret Service, only the following information
may be | 3 |
| disclosed: the recipient's name, address, and age and the date | 4 |
| of
any admission to or discharge from a facility; and any | 5 |
| information which
would indicate whether or not the recipient | 6 |
| has a history of violence or
presents a danger of violence to | 7 |
| the person under protection. Any information
so disclosed shall | 8 |
| be used for investigative purposes only and shall not
be | 9 |
| publicly disseminated.
Any person participating in good faith | 10 |
| in the disclosure of such
information in accordance with this | 11 |
| provision shall have immunity from any
liability, civil, | 12 |
| criminal or otherwise, if such information is disclosed
relying | 13 |
| upon the representation of an officer of the United States | 14 |
| Secret
Service or the Department of State Police that a person | 15 |
| is under the
protection of the United States Secret Service or | 16 |
| is a public official.
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| For the purpose of this subsection (a), the term "public | 18 |
| official" means
the Governor, Lieutenant Governor, Attorney | 19 |
| General, Secretary of State,
State Comptroller, State | 20 |
| Treasurer , or member of the General Assembly , and any Supreme, | 21 |
| Appellate, Circuit, or Associate Judge of the State of | 22 |
| Illinois . The
term shall also include the spouse, child or | 23 |
| children of a public official.
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| (b) The Department of Human Services (acting as successor | 25 |
| to the
Department of Mental Health and Developmental | 26 |
| Disabilities) and all
public or private hospitals and mental |
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| health facilities are required, as hereafter described in this | 2 |
| subsection,
to furnish the Department of State Police only such | 3 |
| information as may
be required for the sole purpose of | 4 |
| determining whether an individual who
may be or may have been a | 5 |
| patient is disqualified because of that status
from receiving | 6 |
| or retaining a Firearm Owner's Identification Card under
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| subsection (e) or (f) of Section 8 of the Firearm Owners | 8 |
| Identification Card
Act or 18 U.S.C. 922(g) and (n). All public | 9 |
| or private hospitals and mental health facilities shall, in the | 10 |
| form and manner required
by the Department, provide such | 11 |
| information as shall be necessary for the
Department to comply | 12 |
| with the reporting requirements to the Department of
State | 13 |
| Police. Such information shall be furnished within 7 days after
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| admission to a public or private hospital or mental health | 15 |
| facility or the provision of services to a patient described in | 16 |
| clause (2) of this subsection (b). Any such information | 17 |
| disclosed under
this subsection shall
remain privileged and | 18 |
| confidential, and shall not be redisclosed, except as required | 19 |
| by clause (e)(2) of Section 3.1 of the Firearm Owners | 20 |
| Identification Card Act, nor utilized
for any other purpose. | 21 |
| The method of requiring the providing of such
information shall | 22 |
| guarantee that no information is released beyond what
is | 23 |
| necessary for this purpose. In addition, the information | 24 |
| disclosed
shall be provided
by the Department within the time | 25 |
| period established by Section 24-3 of the
Criminal Code of 1961 | 26 |
| regarding the delivery of firearms. The method used
shall be |
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| sufficient to provide the necessary information within the
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| prescribed time period, which may include periodically | 3 |
| providing
lists to the Department of Human Services
or any | 4 |
| public or private hospital or mental health facility of Firearm | 5 |
| Owner's Identification Card applicants
on which the Department | 6 |
| or hospital shall indicate the identities of those
individuals | 7 |
| who are to its knowledge disqualified from having a Firearm
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| Owner's Identification Card for reasons described herein. The | 9 |
| Department
may provide for a centralized source
of information | 10 |
| for the State on this subject under its jurisdiction.
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| Any person, institution, or agency, under this Act, | 12 |
| participating in
good faith in the reporting or disclosure of | 13 |
| records and communications
otherwise in accordance with this | 14 |
| provision or with rules, regulations or
guidelines issued by | 15 |
| the Department shall have immunity from any
liability, civil, | 16 |
| criminal or otherwise, that might result by reason of the
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| action. For the purpose of any proceeding, civil or criminal,
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| arising out of a report or disclosure in accordance with this | 19 |
| provision,
the good faith of any person,
institution, or agency | 20 |
| so reporting or disclosing shall be presumed. The
full extent | 21 |
| of the immunity provided in this subsection (b) shall apply to
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| any person, institution or agency that fails to make a report | 23 |
| or disclosure
in the good faith belief that the report or | 24 |
| disclosure would violate
federal regulations governing the | 25 |
| confidentiality of alcohol and drug abuse
patient records | 26 |
| implementing 42 U.S.C. 290dd-3 and 290ee-3.
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| For purposes of this subsection (b) only, the following | 2 |
| terms shall have
the meaning prescribed:
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| (1) "Hospital" means only that type of institution | 4 |
| which is providing
full-time residential facilities and | 5 |
| treatment.
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| (2) "Patient" shall include only: (i) a person who is | 7 |
| an in-patient or resident of any public or private hospital | 8 |
| or mental health facility or (ii) a person who is an | 9 |
| out-patient or provided services by a public or private | 10 |
| hospital or mental health facility whose mental condition | 11 |
| is of such a nature that it is manifested by violent, | 12 |
| suicidal, threatening, or assaultive behavior or reported | 13 |
| behavior, for which there is a reasonable belief by a | 14 |
| physician, clinical psychologist, or qualified examiner | 15 |
| that the condition poses a clear and present or imminent | 16 |
| danger to the patient, any other person or the community | 17 |
| meaning the patient's condition poses a clear and present | 18 |
| danger in accordance with subsection
(f) of Section 8 of | 19 |
| the Firearm Owners Identification Card Act. The terms | 20 |
| physician, clinical psychologist, and qualified examiner | 21 |
| are defined in Sections 1-120, 1-103, and 1-122 of the | 22 |
| Mental Health and Developmental Disabilities Code.
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| (3) "Mental health facility" is defined by Section | 24 |
| 1-114 of the Mental Health and Developmental Disabilities | 25 |
| Code.
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| (c) Upon the request of a peace officer who takes a person |
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| into custody
and transports such person to a mental health or | 2 |
| developmental disability
facility pursuant to Section 3-606 or | 3 |
| 4-404 of the Mental Health and
Developmental Disabilities Code | 4 |
| or who transports a person from such facility,
a facility | 5 |
| director shall furnish said peace officer the name, address, | 6 |
| age
and name of the nearest relative of the person transported | 7 |
| to or from the
mental health or developmental disability | 8 |
| facility. In no case shall the
facility director disclose to | 9 |
| the peace officer any information relating to the
diagnosis, | 10 |
| treatment or evaluation of the person's mental or physical | 11 |
| health.
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| For the purposes of this subsection (c), the terms "mental | 13 |
| health or
developmental disability facility", "peace officer" | 14 |
| and "facility director"
shall have the meanings ascribed to | 15 |
| them in the Mental Health and
Developmental Disabilities Code.
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| (d) Upon the request of a peace officer or prosecuting | 17 |
| authority who is
conducting a bona fide investigation of a | 18 |
| criminal offense, or attempting to
apprehend a fugitive from | 19 |
| justice,
a facility director may disclose whether a person is | 20 |
| present at the facility.
Upon request of a peace officer or | 21 |
| prosecuting authority who has a valid
forcible felony warrant | 22 |
| issued, a facility director shall disclose: (1) whether
the | 23 |
| person who is the subject of the warrant is present at the | 24 |
| facility and (2)
the
date of that person's discharge or future | 25 |
| discharge from the facility.
The requesting peace officer or | 26 |
| prosecuting authority must furnish a case
number and the |
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| purpose of the investigation or an outstanding arrest warrant | 2 |
| at
the time of the request. Any person, institution, or agency
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| participating in good faith in disclosing such information in | 4 |
| accordance with
this subsection (d) is immune from any | 5 |
| liability, civil, criminal or
otherwise, that might result by | 6 |
| reason of the action.
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| (Source: P.A. 95-564, eff. 6-1-08.)".
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
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