Full Text of SB1711 101st General Assembly
SB1711eng 101ST GENERAL ASSEMBLY |
| | SB1711 Engrossed | | LRB101 09730 RLC 54830 b |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Section 6-103.3 as | 6 | | follows: | 7 | | (405 ILCS 5/6-103.3) | 8 | | Sec. 6-103.3. Clear and present danger; notice. If a person | 9 | | is determined to pose a clear and present danger to himself, | 10 | | herself, or to others by a physician, clinical psychologist, or | 11 | | qualified examiner, whether employed by the State, by any | 12 | | public or private mental health facility or part thereof, or by | 13 | | a law enforcement official or a school administrator, then the | 14 | | physician, clinical psychologist, qualified examiner shall | 15 | | notify the Department of Human Services and a law enforcement | 16 | | official or school administrator shall notify the Department of | 17 | | State Police, within 24 hours of making the determination that | 18 | | the person poses a clear and present danger. The Department of | 19 | | Human Services shall immediately update its records and | 20 | | information relating to mental health and developmental | 21 | | disabilities, and if appropriate, shall notify the Department | 22 | | of State Police in a form and manner prescribed by the | 23 | | Department of State Police. Information disclosed under this |
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| 1 | | Section shall remain privileged and confidential, and shall not | 2 | | be redisclosed, except as required under subsection (e) of | 3 | | Section 3.1 of the Firearm Owners Identification Card Act, nor | 4 | | used for any other purpose. The method of providing this | 5 | | information shall guarantee that the information is not | 6 | | released beyond that which is necessary for the purpose of this | 7 | | Section and shall be provided by rule by the Department of | 8 | | Human Services. The identity of the person reporting under this | 9 | | Section shall not be disclosed to the subject of the report. | 10 | | The physician, clinical psychologist, qualified examiner, law | 11 | | enforcement official, or school administrator making the | 12 | | determination and his or her employer shall not be held | 13 | | criminally, civilly, or professionally liable for making or not | 14 | | making the notification required under this Section, except for | 15 | | willful or wanton misconduct. The Department of State Police | 16 | | shall annually compile and submit a report to the Governor and | 17 | | General Assembly no later than May 31 of each calendar year on | 18 | | the number of persons reported under this Section as posing a | 19 | | clear and present danger to themselves or others by persons | 20 | | required to report that information to the Department of State | 21 | | Police under this Section. The report shall be based on | 22 | | information submitted by each county, municipality, public | 23 | | elementary or secondary school, private elementary or | 24 | | secondary school, or public or private community college, | 25 | | college, or university of this State without disclosing | 26 | | individual identifying information of the persons who pose the |
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| 1 | | clear and present danger to themselves or others. If the person | 2 | | who poses the clear and present danger is reported by home | 3 | | address and the person attends a school, college, or | 4 | | university, then the compilation shall only include that | 5 | | individual once in the report for the total annual compilation. | 6 | | This Section does not apply to a law enforcement official, if | 7 | | making the notification under this Section will interfere with | 8 | | an ongoing or pending criminal investigation. | 9 | | For the purposes of this Section: | 10 | | "Clear and present danger" has the meaning ascribed to | 11 | | it in Section 1.1 of the Firearm Owners Identification Card | 12 | | Act. | 13 | | "Determined to pose a clear and present danger to | 14 | | himself, herself, or to others by a physician, clinical | 15 | | psychologist, or qualified examiner" means in the | 16 | | professional opinion of the physician, clinical | 17 | | psychologist, or qualified examiner, a person poses a clear | 18 | | and present danger. | 19 | | "School administrator" means the person required to | 20 | | report under the School Administrator Reporting of Mental | 21 | | Health Clear and Present Danger Determinations Law.
| 22 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
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