Illinois General Assembly - Full Text of HB5196
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Full Text of HB5196  102nd General Assembly

HB5196 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5196

 

Introduced 1/31/2022, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4A  from Ch. 124, par. 24A
20 ILCS 1705/2  from Ch. 91 1/2, par. 100-2
20 ILCS 2407/10
20 ILCS 4010/2002  from Ch. 91 1/2, par. 1952
105 ILCS 5/2-3.83  from Ch. 122, par. 2-3.83
210 ILCS 46/3-801.1
210 ILCS 47/3-801.1
215 ILCS 5/356z.2
405 ILCS 5/1-106  from Ch. 91 1/2, par. 1-106
405 ILCS 5/1-116  from Ch. 91 1/2, par. 1-116
405 ILCS 25/2.03  from Ch. 91 1/2, par. 602.03
405 ILCS 80/2-3  from Ch. 91 1/2, par. 1802-3
410 ILCS 250/2  from Ch. 111 1/2, par. 2102
430 ILCS 65/1.1  from Ch. 38, par. 83-1.1
755 ILCS 5/11a-1  from Ch. 110 1/2, par. 11a-1

    Amends the Mental Health and Developmental Disabilities Code. Modifies the definition of "developmental disability." Modifies the definition of "intellectual disability." Modifies various other acts and codes to reference the definitions of developmental disability and intellectual disability in the Mental Health and Developmental Disabilities Code.


LRB102 24844 RJT 34091 b

 

 

A BILL FOR

 

HB5196LRB102 24844 RJT 34091 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4A as follows:
 
6    (15 ILCS 335/4A)  (from Ch. 124, par. 24A)
7    Sec. 4A. (a) "Person with a disability" as used in this Act
8means any person who is, and who is expected to indefinitely
9continue to be, subject to any of the following five types of
10disabilities:
11    Type One: Physical disability. A physical disability is a
12physical impairment, disease, or loss, which is of a permanent
13nature, and which substantially limits physical ability or
14motor skills. The Secretary of State shall establish standards
15not inconsistent with this provision necessary to determine
16the presence of a physical disability.
17    Type Two: Developmental disability. Developmental
18disability means "developmental disability" as defined in
19Section 1-106 of the Mental Health and Developmental
20Disabilities Code a disability that is attributable to: (i) an
21intellectual disability, cerebral palsy, epilepsy, or autism
22or (ii) any other condition that results in impairment similar
23to that caused by an intellectual disability and requires

 

 

HB5196- 2 -LRB102 24844 RJT 34091 b

1services similar to those required by persons with
2intellectual disabilities. Such a disability must originate
3before the age of 18 years, be expected to continue
4indefinitely, and constitute a substantial disability. The
5Secretary of State shall establish standards not inconsistent
6with this provision necessary to determine the presence of a
7developmental disability.
8    Type Three: Visual disability. A visual disability is
9blindness, and the term "blindness" means central vision
10acuity of 20/200 or less in the better eye with the use of a
11correcting lens. An eye that is accompanied by a limitation in
12the fields of vision so that the widest diameter of the visual
13field subtends an angle no greater than 20 degrees shall be
14considered as having a central vision acuity of 20/200 or
15less. The Secretary of State shall establish standards not
16inconsistent with this Section necessary to determine the
17presence of a visual disability.
18    Type Four: Hearing disability. A hearing disability is a
19disability resulting in complete absence of hearing, or
20hearing that with sound enhancing or magnifying equipment is
21so impaired as to require the use of sensory input other than
22hearing as the principal means of receiving spoken language.
23The Secretary of State shall establish standards not
24inconsistent with this Section necessary to determine the
25presence of a hearing disability.
26    Type Five: Mental Disability. A mental disability is a

 

 

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1significant impairment of an individual's cognitive,
2affective, or relational abilities that may require
3intervention and may be a recognized, medically diagnosable
4illness or disorder. The Secretary of State shall establish
5standards not inconsistent with this provision necessary to
6determine the presence of a mental disability.
7    (b) For purposes of this Act, a disability shall be
8classified as follows: Class 1 disability: A Class 1
9disability is any type disability which does not render a
10person unable to engage in any substantial gainful activity or
11which does not impair his ability to live independently or to
12perform labor or services for which he is qualified. The
13Secretary of State shall establish standards not inconsistent
14with this Section necessary to determine the presence of a
15Class 1 disability. Class 1A disability: A Class 1A disability
16is a Class 1 disability which renders a person unable to walk
17200 feet or more unassisted by another person or without the
18aid of a walker, crutches, braces, prosthetic device or a
19wheelchair or without great difficulty or discomfort due to
20the following impairments: neurologic, orthopedic,
21oncological, respiratory, cardiac, arthritic disorder,
22blindness, or the loss of function or absence of a limb or
23limbs. The Secretary of State shall establish standards not
24inconsistent with this Section necessary to determine the
25presence of a Class 1A disability. Class 2 disability: A Class
262 disability is any type disability which renders a person

 

 

HB5196- 4 -LRB102 24844 RJT 34091 b

1unable to engage in any substantial gainful activity, which
2substantially impairs his ability to live independently
3without supervision or in-home support services, or which
4substantially impairs his ability to perform labor or services
5for which he is qualified or significantly restricts the labor
6or services which he is able to perform. The Secretary of State
7shall establish standards not inconsistent with this Section
8necessary to determine the presence of a Class 2 disability.
9Class 2A disability: A Class 2A disability is a Class 2
10disability which renders a person unable to walk 200 feet or
11more unassisted by another person or without the aid of a
12walker, crutches, braces, prosthetic device or a wheelchair or
13without great difficulty or discomfort due to the following
14impairments: neurologic, orthopedic, oncological,
15respiratory, cardiac, arthritic disorder, blindness, or the
16loss of function or absence of a limb or limbs. The Secretary
17of State shall establish standards not inconsistent with this
18Section necessary to determine the presence of a Class 2A
19disability.
20(Source: P.A. 98-726, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
21    Section 10. The Mental Health and Developmental
22Disabilities Administrative Act is amended by changing Section
232 as follows:
 
24    (20 ILCS 1705/2)  (from Ch. 91 1/2, par. 100-2)

 

 

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1    Sec. 2. Definitions; administrative subdivisions.
2    (a) For the purposes of this Act, unless the context
3otherwise requires:
4    "Department" means the Department of Human Services,
5successor to the former Department of Mental Health and
6Developmental Disabilities.
7    "Developmental disability" means "developmental
8disability" as defined in Section 1-106 of the Mental Health
9and Developmental Disabilities Code
10    "Intellectual disability" means the "intellectual
11disability" as defined in Section 1-116 of the Mental Health
12and Developmental Disabilities Code.
13    "Secretary" means the Secretary of Human Services.
14    (b) Unless the context otherwise requires:
15        (1) References in this Act to the programs or
16    facilities of the Department shall be construed to refer
17    only to those programs or facilities of the Department
18    that pertain to mental health or developmental
19    disabilities.
20        (2) References in this Act to the Department's service
21    providers or service recipients shall be construed to
22    refer only to providers or recipients of services that
23    pertain to the Department's mental health and
24    developmental disabilities functions.
25        (3) References in this Act to employees of the
26    Department shall be construed to refer only to employees

 

 

HB5196- 6 -LRB102 24844 RJT 34091 b

1    whose duties pertain to the Department's mental health and
2    developmental disabilities functions.
3    (c) The Secretary shall establish such subdivisions of the
4Department as shall be desirable and shall assign to the
5various subdivisions the responsibilities and duties placed
6upon the Department by the Laws of the State of Illinois.
7    (d) There is established a coordinator of services to deaf
8and hearing impaired persons with mental disabilities. In
9hiring this coordinator, every consideration shall be given to
10qualified deaf or hearing impaired individuals.
11    (e) Whenever the administrative director of the
12subdivision for mental health services is not a
13board-certified psychiatrist, the Secretary shall appoint a
14Chief for Clinical Services who shall be a board-certified
15psychiatrist with both clinical and administrative experience.
16The Chief for Clinical Services shall be responsible for all
17clinical and medical decisions for mental health services.
18(Source: P.A. 99-143, eff. 7-27-15.)
 
19    Section 15. The Disabilities Services Act of 2003 is
20amended by changing Section 10 as follows:
 
21    (20 ILCS 2407/10)
22    Sec. 10. Application of Act; definitions.
23    (a) This Act applies to persons with disabilities. The
24disabilities included are defined for purposes of this Act as

 

 

HB5196- 7 -LRB102 24844 RJT 34091 b

1follows:
2    "Disability" means a disability as defined by the
3Americans with Disabilities Act of 1990 that is attributable
4to a developmental disability, a mental illness, or a physical
5disability, or combination of those.
6    "Developmental disability" means "developmental
7disability" as defined in Section 1-106 of the Mental Health
8and Developmental Disabilities Code. a disability that is
9attributable to an intellectual disability or a related
10condition. A related condition must meet all of the following
11conditions:
12        (1) It must be attributable to cerebral palsy,
13    epilepsy, or any other condition (other than mental
14    illness) found to be closely related to an intellectual
15    disability because that condition results in impairment of
16    general intellectual functioning or adaptive behavior
17    similar to that of individuals with an intellectual
18    disability, and requires treatment or services similar to
19    those required for those individuals. For purposes of this
20    Section, autism is considered a related condition.
21        (2) It must be manifested before the individual
22    reaches age 22.
23        (3) It must be likely to continue indefinitely.
24        (4) It must result in substantial functional
25    limitations in 3 or more of the following areas of major
26    life activity: self-care, language, learning, mobility,

 

 

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1    self-direction, and capacity for independent living.
2    "Mental Illness" means a mental or emotional disorder
3verified by a diagnosis contained in the Diagnostic and
4Statistical Manual of Mental Disorders-Fourth Edition,
5published by the American Psychiatric Association (DSM-IV), or
6its successor, or International Classification of Diseases,
79th Revision, Clinical Modification (ICD-9-CM), or its
8successor, that substantially impairs a person's cognitive,
9emotional, or behavioral functioning, or any combination of
10those, excluding (i) conditions that may be the focus of
11clinical attention but are not of sufficient duration or
12severity to be categorized as a mental illness, such as
13parent-child relational problems, partner-relational
14problems, sexual abuse of a child, bereavement, academic
15problems, phase-of-life problems, and occupational problems
16(collectively, "V codes"), (ii) organic disorders such as
17substance intoxication dementia, substance withdrawal
18dementia, Alzheimer's disease, vascular dementia, dementia due
19to HIV infection, and dementia due to Creutzfeldt-Jakob
20disease and disorders associated with known or unknown
21physical conditions such as hallucinosis, amnestic disorders
22and delirium, and psychoactive substance-induced organic
23disorders, and (iii) an intellectual disability or
24psychoactive substance use disorders.
25    "Intellectual disability" means "intellectual disability"
26as defined in Section 1-116 of the Mental Health and

 

 

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1Developmental Disabilities Code significantly sub-average
2general intellectual functioning existing concurrently with
3deficits in adaptive behavior and manifested before the age of
422 years.
5    "Physical disability" means a disability as defined by the
6Americans with Disabilities Act of 1990 that meets the
7following criteria:
8        (1) It is attributable to a physical impairment.
9        (2) It results in a substantial functional limitation
10    in any of the following areas of major life activity: (i)
11    self-care, (ii) receptive and expressive language, (iii)
12    learning, (iv) mobility, (v) self-direction, (vi) capacity
13    for independent living, and (vii) economic sufficiency.
14        (3) It reflects the person's need for a combination
15    and sequence of special, interdisciplinary, or general
16    care, treatment, or other services that are of lifelong or
17    of extended duration and must be individually planned and
18    coordinated.
19    (b) In this Act:
20    "Chronological age-appropriate services" means services,
21activities, and strategies for persons with disabilities that
22are representative of the lifestyle activities of nondisabled
23peers of similar age in the community.
24    "Comprehensive evaluation" means procedures used by
25qualified professionals selectively with an individual to
26determine whether a person has a disability and the nature and

 

 

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1extent of the services that the person with a disability
2needs.
3    "Department" means the Department on Aging, the Department
4of Human Services, the Department of Public Health, the
5Department of Public Aid (now Department Healthcare and Family
6Services), the University of Illinois Division of Specialized
7Care for Children, the Department of Children and Family
8Services, and the Illinois State Board of Education, where
9appropriate, as designated in the implementation plan
10developed under Section 20.
11    "Family" means a natural, adoptive, or foster parent or
12parents or other person or persons responsible for the care of
13an individual with a disability in a family setting.
14    "Family or individual support" means those resources and
15services that are necessary to maintain an individual with a
16disability within the family home or his or her own home. These
17services may include, but are not limited to, cash subsidy,
18respite care, and counseling services.
19    "Independent service coordination" means a social service
20that enables persons with developmental disabilities and their
21families to locate, use, and coordinate resources and
22opportunities in their communities on the basis of individual
23need. Independent service coordination is independent of
24providers of services and funding sources and is designed to
25ensure accessibility, continuity of care, and accountability
26and to maximize the potential of persons with developmental

 

 

HB5196- 11 -LRB102 24844 RJT 34091 b

1disabilities for independence, productivity, and integration
2into the community. Independent service coordination includes,
3at a minimum: (i) outreach to identify eligible individuals;
4(ii) assessment and periodic reassessment to determine each
5individual's strengths, functional limitations, and need for
6specific services; (iii) participation in the development of a
7comprehensive individual service or treatment plan; (iv)
8referral to and linkage with needed services and supports; (v)
9monitoring to ensure the delivery of appropriate services and
10to determine individual progress in meeting goals and
11objectives; and (vi) advocacy to assist the person in
12obtaining all services for which he or she is eligible or
13entitled.
14    "Individual service or treatment plan" means a recorded
15assessment of the needs of a person with a disability, a
16description of the services recommended, the goals of each
17type of element of service, an anticipated timetable for the
18accomplishment of the goals, and a designation of the
19qualified professionals responsible for the implementation of
20the plan.
21    "Least restrictive environment" means an environment that
22represents the least departure from the normal patterns of
23living and that effectively meets the needs of the person
24receiving the service.
25(Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.)
 

 

 

HB5196- 12 -LRB102 24844 RJT 34091 b

1    Section 20. The Illinois Council on Developmental
2Disabilities Law is amended by changing Section 2002 as
3follows:
 
4    (20 ILCS 4010/2002)  (from Ch. 91 1/2, par. 1952)
5    Sec. 2002. Definitions. As used in this Article, unless
6the context requires otherwise:
7    (a) "Council" means the Illinois Council on Developmental
8Disabilities.
9    (b) "Chairperson" means the chairperson of the Illinois
10Council on Developmental Disabilities.
11    (c) "Director" means the director of the Illinois Council
12on Developmental Disabilities.
13    (d) "Developmental disability" means "developmental
14disability" as defined in Section 1-106 of the Mental Health
15and Developmental Disabilities Code. , in general, a severe
16chronic disability of an individual that:
17        (1) is attributable to a mental or physical impairment
18    or combination of mental and physical impairments;
19        (2) is manifested before the person attains age 22;
20        (3) is likely to continue indefinitely;
21        (4) results in substantial functional limitations in 3
22    or more of the following areas of major life activity:
23    self care, receptive and expressive language, learning,
24    mobility, self direction, capacity for independent living,
25    and economic sufficiency; and

 

 

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1        (5) reflects the person's need for a combination and
2    sequence of special interdisciplinary or generic services
3    care, individualized supports, or other forms of
4    assistance that are of life long or extended duration and
5    are individually planned and coordinated.
6    When applied to infants and young children, an individual
7may be considered to have a "developmental disability" if the
8individual from birth to age 9, inclusive, has (i) a
9substantial developmental delay or specific congenital or
10acquired conditions and (ii) does not meet 3 or more of the
11criteria described in paragraphs (1) through (5) but who,
12without services and support, has a high probability of
13meeting those criteria later in life.
14(Source: P.A. 91-798, eff. 7-9-00.)
 
15    Section 25. The School Code is amended by changing Section
162-3.83 as follows:
 
17    (105 ILCS 5/2-3.83)  (from Ch. 122, par. 2-3.83)
18    Sec. 2-3.83. Individual transition plan model pilot
19program.
20    (a) The General Assembly finds that transition services
21for special education students in secondary schools are needed
22for the increasing numbers of students exiting school
23programs. Therefore, to ensure coordinated and timely delivery
24of services, the State shall establish a model pilot program

 

 

HB5196- 14 -LRB102 24844 RJT 34091 b

1to provide such services. Local school districts, using joint
2agreements and regional service delivery systems for special
3and vocational education selected by the Governor's Planning
4Council on Developmental Disabilities, shall have the primary
5responsibility to convene transition planning meetings for
6these students who will require post-school adult services.
7    (b) For purposes of this Section:
8        (1) "Post-secondary Service Provider" means a provider
9    of services for adults who have any developmental
10    disability as defined in Section 1-106 of the Mental
11    Health and Developmental Disabilities Code or who are
12    persons with one or more disabilities as defined in the
13    Rehabilitation of Persons with Disabilities Act.
14        (2) "Individual Education Plan" means a written
15    statement for an exceptional child that provides at least
16    a statement of: the child's present levels of educational
17    performance, annual goals and short-term instructional
18    objectives; specific special education and related
19    services; the extent of participation in the regular
20    education program; the projected dates for initiation of
21    services; anticipated duration of services; appropriate
22    objective criteria and evaluation procedures; and a
23    schedule for annual determination of short-term
24    objectives.
25        (3) "Individual Transition Plan" (ITP) means a
26    multi-agency informal assessment of a student's needs for

 

 

HB5196- 15 -LRB102 24844 RJT 34091 b

1    post-secondary adult services including but not limited to
2    employment, post-secondary education or training and
3    residential independent living.
4        (4) "Developmental Disability" means "developmental
5    disability" as defined in Section 1-106 of the Mental
6    Health and Developmental Disabilities Code a disability
7    which is attributable to: (a) an intellectual disability,
8    cerebral palsy, epilepsy or autism; or to (b) any other
9    condition which results in impairment similar to that
10    caused by an intellectual disability and which requires
11    services similar to those required by persons with an
12    intellectual disability. Such disability must originate
13    before the age of 18 years, be expected to continue
14    indefinitely, and constitute a substantial disability.
15        (5) "Exceptional Characteristic" means any disabling
16    or exceptional characteristic which interferes with a
17    student's education including, but not limited to, a
18    determination that the student has a severe or profound
19    mental disability, has mental disability but is trainable,
20    is deaf-blind, or has some other health impairment.
21    (c) The model pilot program required by this Section shall
22be established and administered by the Governor's Planning
23Council on Developmental Disabilities in conjunction with the
24case coordination pilot projects established by the Department
25of Human Services pursuant to Section 4.1 of the Community
26Services Act, as amended.

 

 

HB5196- 16 -LRB102 24844 RJT 34091 b

1    (d) The model pilot program shall include the following
2features:
3        (1) Written notice shall be sent to the student and,
4    when appropriate, his or her parent or guardian giving the
5    opportunity to consent to having the student's name and
6    relevant information shared with the local case
7    coordination unit and other appropriate State or local
8    agencies for purposes of inviting participants to the
9    individual transition plan meeting.
10        (2) Meetings to develop and modify, as needed, an
11    Individual Transition Plan shall be conducted annually for
12    all students with a developmental disability in the pilot
13    program area who are age 16 or older and who are receiving
14    special education services for 50% or more of their public
15    school program. These meetings shall be convened by the
16    local school district and conducted in conjunction with
17    any other regularly scheduled meetings such as the
18    student's annual individual educational plan meeting. The
19    Governor's Planning Council on Developmental Disabilities
20    shall cooperate with and may enter into any necessary
21    written agreements with the Department of Human Services
22    and the State Board of Education to identify the target
23    group of students for transition planning and the
24    appropriate case coordination unit to serve these
25    individuals.
26        (3) The ITP meetings shall be co-chaired by the

 

 

HB5196- 17 -LRB102 24844 RJT 34091 b

1    individual education plan coordinator and the case
2    coordinator. The ITP meeting shall include but not be
3    limited to discussion of the following: the student's
4    projected date of exit from the public schools; his
5    projected post-school goals in the areas of employment,
6    residential living arrangement and post-secondary
7    education or training; specific school or post-school
8    services needed during the following year to achieve the
9    student's goals, including but not limited to vocational
10    evaluation, vocational education, work experience or
11    vocational training, placement assistance, independent
12    living skills training, recreational or leisure training,
13    income support, medical needs and transportation; and
14    referrals and linkage to needed services, including a
15    proposed time frame for services and the responsible
16    agency or provider. The individual transition plan shall
17    be signed by participants in the ITP discussion, including
18    but not limited to the student's parents or guardian, the
19    student (where appropriate), multi-disciplinary team
20    representatives from the public schools, the case
21    coordinator and any other individuals who have
22    participated in the ITP meeting at the discretion of the
23    individual education plan coordinator, the developmental
24    disability case coordinator or the parents or guardian.
25        (4) At least 10 days prior to the ITP meeting, the
26    parents or guardian of the student shall be notified in

 

 

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1    writing of the time and place of the meeting by the local
2    school district. The ITP discussion shall be documented by
3    the assigned case coordinator, and an individual student
4    file shall be maintained by each case coordination unit.
5    One year following a student's exit from public school the
6    case coordinator shall conduct a follow up interview with
7    the student.
8        (5) Determinations with respect to individual
9    transition plans made under this Section shall not be
10    subject to any due process requirements prescribed in
11    Section 14-8.02 of this Code.
12    (e) (Blank).
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    Section 30. The MC/DD Act is amended by changing Section
153-801.1 as follows:
 
16    (210 ILCS 46/3-801.1)
17    Sec. 3-801.1. Access to records of resident with
18developmental disabilities. Notwithstanding the other
19provisions of this Act to the contrary, the agency designated
20by the Governor under Section 1 of "An Act in relation to the
21protection and advocacy of the rights of persons with
22developmental disabilities, and amending Acts therein named",
23enacted by the 84th General Assembly, shall have access to the
24records of a person with developmental disabilities who

 

 

HB5196- 19 -LRB102 24844 RJT 34091 b

1resides in a facility, subject to the limitations of this Act.
2The agency shall also have access for the purpose of
3inspection and copying, to the records of a person with
4developmental disabilities who resides in any such facility if
5(1) a complaint is received by such agency from or on behalf of
6the person with a developmental disability, and (2) such
7person does not have a guardian or the State or the designee of
8the State is the guardian of such person. The designated
9agency shall provide written notice to the person with
10developmental disabilities and the State guardian of the
11nature of the complaint based upon which the designated agency
12has gained access to the records. No record or the contents of
13any record shall be redisclosed by the designated agency
14unless the person with developmental disabilities and the
15State guardian are provided 7 days' advance written notice,
16except in emergency situations, of the designated agency's
17intent to redisclose such record, during which time the person
18with developmental disabilities or the State guardian may seek
19to judicially enjoin the designated agency's redisclosure of
20such record on the grounds that such redisclosure is contrary
21to the interests of the person with developmental
22disabilities. If a person with developmental disabilities
23resides in such a facility and has a guardian other than the
24State or the designee of the State, the facility director
25shall disclose the guardian's name, address, and telephone
26number to the designated agency at the agency's request.

 

 

HB5196- 20 -LRB102 24844 RJT 34091 b

1    Upon request, the designated agency shall be entitled to
2inspect and copy any records or other materials which may
3further the agency's investigation of problems affecting
4numbers of persons with developmental disabilities. When
5required by law any personally identifiable information of
6persons with a developmental disability shall be removed from
7the records. However, the designated agency may not inspect or
8copy any records or other materials when the removal of
9personally identifiable information imposes an unreasonable
10burden on the facility. For the purposes of this Section,
11"developmental disability" means "developmental disability" as
12defined in Section 1-106 of the Mental Health and
13Developmental Disabilities Code. a severe, chronic disability
14of a person which:
15        (A) is attributable to a mental or physical impairment
16    or combination of mental and physical impairments;
17        (B) is manifested before the person attains age 22;
18        (C) is likely to continue indefinitely;
19        (D) results in substantial functional limitations in 3
20    or more of the following areas of major life activity: (i)
21    self care, (ii) receptive and expressive language, (iii)
22    learning, (iv) mobility, (v) self direction, (vi) capacity
23    for independent living, and (vii) economic self
24    sufficiency; and
25        (E) reflects the person's need for combination and
26    sequence of special, interdisciplinary or generic care,

 

 

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1    treatment or other services which are of lifelong or
2    extended duration and are individually planned and
3    coordinated.
4(Source: P.A. 99-180, eff. 7-29-15.)
 
5    Section 35. The ID/DD Community Care Act is amended by
6changing Section 3-801.1 as follows:
 
7    (210 ILCS 47/3-801.1)
8    Sec. 3-801.1. Access to records of resident with
9developmental disabilities. Notwithstanding the other
10provisions of this Act to the contrary, the agency designated
11by the Governor under Section 1 of "An Act in relation to the
12protection and advocacy of the rights of persons with
13developmental disabilities, and amending Acts therein named",
14enacted by the 84th General Assembly, shall have access to the
15records of a person with developmental disabilities who
16resides in a facility, subject to the limitations of this Act.
17The agency shall also have access for the purpose of
18inspection and copying, to the records of a person with
19developmental disabilities who resides in any such facility if
20(1) a complaint is received by such agency from or on behalf of
21the person with a developmental disability, and (2) such
22person does not have a guardian or the State or the designee of
23the State is the guardian of such person. The designated
24agency shall provide written notice to the person with

 

 

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1developmental disabilities and the State guardian of the
2nature of the complaint based upon which the designated agency
3has gained access to the records. No record or the contents of
4any record shall be redisclosed by the designated agency
5unless the person with developmental disabilities and the
6State guardian are provided 7 days' advance written notice,
7except in emergency situations, of the designated agency's
8intent to redisclose such record, during which time the person
9with developmental disabilities or the State guardian may seek
10to judicially enjoin the designated agency's redisclosure of
11such record on the grounds that such redisclosure is contrary
12to the interests of the person with developmental
13disabilities. If a person with developmental disabilities
14resides in such a facility and has a guardian other than the
15State or the designee of the State, the facility director
16shall disclose the guardian's name, address, and telephone
17number to the designated agency at the agency's request.
18    Upon request, the designated agency shall be entitled to
19inspect and copy any records or other materials which may
20further the agency's investigation of problems affecting
21numbers of persons with developmental disabilities. When
22required by law any personally identifiable information of
23persons with a developmental disability shall be removed from
24the records. However, the designated agency may not inspect or
25copy any records or other materials when the removal of
26personally identifiable information imposes an unreasonable

 

 

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1burden on the facility. For the purposes of this Section,
2"developmental disability" means "developmental disability" as
3defined in Section 1-106 of the Mental Health and
4Developmental Disabilities Code. a severe, chronic disability
5of a person which:
6        (A) is attributable to a mental or physical impairment
7    or combination of mental and physical impairments;
8        (B) is manifested before the person attains age 22;
9        (C) is likely to continue indefinitely;
10        (D) results in substantial functional limitations in 3
11    or more of the following areas of major life activity: (i)
12    self care, (ii) receptive and expressive language, (iii)
13    learning, (iv) mobility, (v) self direction, (vi) capacity
14    for independent living, and (vii) economic self
15    sufficiency; and
16        (E) reflects the person's need for combination and
17    sequence of special, interdisciplinary or generic care,
18    treatment or other services which are of lifelong or
19    extended duration and are individually planned and
20    coordinated.
21(Source: P.A. 96-339, eff. 7-1-10.)
 
22    Section 40. The Illinois Insurance Code is amended by
23changing Section 356z.2 as follows:
 
24    (215 ILCS 5/356z.2)

 

 

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1    Sec. 356z.2. Coverage for adjunctive services in dental
2care.
3    (a) An individual or group policy of accident and health
4insurance amended, delivered, issued, or renewed after January
51, 2003 (the effective date of Public Act 92-764) shall cover
6charges incurred, and anesthetics provided, in conjunction
7with dental care that is provided to a covered individual in a
8hospital or an ambulatory surgical treatment center if any of
9the following applies:
10        (1) the individual is a child age 6 or under;
11        (2) the individual has a medical condition that
12    requires hospitalization or general anesthesia for dental
13    care; or
14        (3) the individual is a person with a disability.
15    (a-5) An individual or group policy of accident and health
16insurance amended, delivered, issued, or renewed after January
171, 2016 (the effective date of Public Act 99-141) shall cover
18charges incurred, and anesthetics provided by a dentist with a
19permit provided under Section 8.1 of the Illinois Dental
20Practice Act, in conjunction with dental care that is provided
21to a covered individual in a dental office, oral surgeon's
22office, hospital, or ambulatory surgical treatment center if
23the individual is under age 26 and has been diagnosed with an
24autism spectrum disorder as defined in Section 10 of the
25Autism Spectrum Disorders Reporting Act or a developmental
26disability. A covered individual shall be required to make 2

 

 

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1visits to the dental care provider prior to accessing other
2coverage under this subsection.
3    For purposes of this subsection, "developmental
4disability" means "developmental disability" as defined in
5Section 1-106 of the Mental Health and Developmental
6Disabilities Code a disability that is attributable to an
7intellectual disability or a related condition, if the related
8condition meets all of the following conditions:
9        (1) it is attributable to cerebral palsy, epilepsy, or
10    any other condition, other than mental illness, found to
11    be closely related to an intellectual disability because
12    that condition results in impairment of general
13    intellectual functioning or adaptive behavior similar to
14    that of individuals with an intellectual disability and
15    requires treatment or services similar to those required
16    for those individuals; for purposes of this definition,
17    autism is considered a related condition;
18        (2) it is manifested before the individual reaches age
19    22;
20        (3) it is likely to continue indefinitely; and
21        (4) it results in substantial functional limitations
22    in 3 or more of the following areas of major life activity:
23    self-care, language, learning, mobility, self-direction,
24    and capacity for independent living.
25    (b) For purposes of this Section, "ambulatory surgical
26treatment center" has the meaning given to that term in

 

 

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1Section 3 of the Ambulatory Surgical Treatment Center Act.
2    For purposes of this Section, "person with a disability"
3means a person, regardless of age, with a chronic disability
4if the chronic disability meets all of the following
5conditions:
6        (1) It is attributable to a mental or physical
7    impairment or combination of mental and physical
8    impairments.
9        (2) It is likely to continue.
10        (3) It results in substantial functional limitations
11    in one or more of the following areas of major life
12    activity:
13            (A) self-care;
14            (B) receptive and expressive language;
15            (C) learning;
16            (D) mobility;
17            (E) capacity for independent living; or
18            (F) economic self-sufficiency.
19    (c) The coverage required under this Section may be
20subject to any limitations, exclusions, or cost-sharing
21provisions that apply generally under the insurance policy.
22    (d) This Section does not apply to a policy that covers
23only dental care.
24    (e) Nothing in this Section requires that the dental
25services be covered.
26    (f) The provisions of this Section do not apply to

 

 

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1short-term travel, accident-only, limited, or specified
2disease policies, nor to policies or contracts designed for
3issuance to persons eligible for coverage under Title XVIII of
4the Social Security Act, known as Medicare, or any other
5similar coverage under State or federal governmental plans.
6(Source: P.A. 101-525, eff. 1-1-20.)
 
7    Section 45. The Mental Health and Developmental
8Disabilities Code is amended by changing Sections 1-106 and
91-116 as follows:
 
10    (405 ILCS 5/1-106)  (from Ch. 91 1/2, par. 1-106)
11    Sec. 1-106. "Developmental disability" means a severe,
12chronic disability, other than mental illness, found to be
13closely related to an intellectual disability because this
14condition results in impairment of general intellectual
15functioning or adaptive behavior similar to that of persons
16with ID, and requires services similar to those required for a
17person with an intellectual disability. In addition, a
18developmental disability: (1) is manifested before the
19individual reaches 22 years of age; (2) is likely to continue
20indefinitely; (3) results in substantial functional
21limitations in three or more of the following areas of major
22life activity: self-care, receptive and expressive language,
23learning, mobility, self-direction, capacity for independent
24living, or economic self-sufficiency; and (4) reflects the

 

 

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1individual's need for a combination and sequence of special
2interdisciplinary or generic services, individualized
3supports, or other forms of assistance that are of lifelong or
4extended duration and are individually planned and coordinated
5a disability which is attributable to: (a) an intellectual
6disability, cerebral palsy, epilepsy or autism; or (b) any
7other condition which results in impairment similar to that
8caused by an intellectual disability and which requires
9services similar to those required by persons with an
10intellectual disability. Such disability must originate before
11the age of 18 years, be expected to continue indefinitely, and
12constitute a substantial disability.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (405 ILCS 5/1-116)  (from Ch. 91 1/2, par. 1-116)
15    Sec. 1-116. Intellectual disability. "Intellectual
16disability" means a disorder with onset during the
17developmental period (before the individual reaches age 22),
18that includes both intellectual and adaptive deficits in
19conceptual, social and practical domains. The following 3
20criteria must be met: (1) deficits in intellectual functions
21such as reasoning, problem solving, planning, abstract
22thinking, judgment, academic learning, and learning from
23experience confirmed by both clinical assessment and
24individualized, standardized intelligence testing (generally
25indicated with an IQ score of about 70 or below), (2) deficits

 

 

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1in adaptive functioning that result in failure to meet
2developmental and sociocultural standards for personal
3independence and social responsibility. Without ongoing
4support, the adaptive deficits limit functioning in one or
5more activities of daily life, such as communication, social
6participation, and independent living, across multiple
7environments, such as home, school, work, and community, and
8(3) onset of intellectual and adaptive deficits during the
9developmental period significantly subaverage general
10intellectual functioning which exists concurrently with
11impairment in adaptive behavior and which originates before
12the age of 18 years.
13(Source: P.A. 97-227, eff. 1-1-12.)
 
14    Section 50. The Specialized Living Centers Act is amended
15by changing Section 2.03 as follows:
 
16    (405 ILCS 25/2.03)  (from Ch. 91 1/2, par. 602.03)
17    Sec. 2.03. "Person with a developmental disability" means
18a person with a "developmental disability" as defined in
19Section 1-116 of the Mental Health and Developmental
20Disabilities Code individuals whose disability is attributable
21to an intellectual disability, cerebral palsy, epilepsy or
22other neurological condition which generally originates before
23such individuals attain age 18 which had continued or can be
24expected to continue indefinitely and which constitutes a

 

 

HB5196- 30 -LRB102 24844 RJT 34091 b

1substantial disability to such individuals.
2(Source: P.A. 99-143, eff. 7-27-15.)
 
3    Section 55. The Developmental Disability and Mental
4Disability Services Act is amended by changing Section 2-3 as
5follows:
 
6    (405 ILCS 80/2-3)  (from Ch. 91 1/2, par. 1802-3)
7    Sec. 2-3. As used in this Article, unless the context
8requires otherwise:
9    (a) "Agency" means an agency or entity licensed by the
10Department pursuant to this Article or pursuant to the
11Community Residential Alternatives Licensing Act.
12    (b) "Department" means the Department of Human Services,
13as successor to the Department of Mental Health and
14Developmental Disabilities.
15    (c) "Home-based services" means services provided to an
16adult with a mental disability who lives in his or her own
17home. These services include but are not limited to:
18        (1) home health services;
19        (2) case management;
20        (3) crisis management;
21        (4) training and assistance in self-care;
22        (5) personal care services;
23        (6) habilitation and rehabilitation services;
24        (7) employment-related services;

 

 

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1        (8) respite care; and
2        (9) other skill training that enables a person to
3    become self-supporting.
4    (d) "Legal guardian" means a person appointed by a court
5of competent jurisdiction to exercise certain powers on behalf
6of an adult with a mental disability.
7    (e) "Adult with a mental disability" means a person over
8the age of 18 years who lives in his or her own home; who needs
9home-based services, but does not require 24-hour-a-day
10supervision; and who has one of the following conditions:
11severe autism, severe mental illness, a severe or profound
12intellectual disability, or severe and multiple impairments.
13    (f) In one's "own home" means that an adult with a mental
14disability lives alone; or that an adult with a mental
15disability is in full-time residence with his or her parents,
16legal guardian, or other relatives; or that an adult with a
17mental disability is in full-time residence in a setting not
18subject to licensure under the Nursing Home Care Act, the
19Specialized Mental Health Rehabilitation Act of 2013, the
20ID/DD Community Care Act, the MC/DD Act, or the Child Care Act
21of 1969, as now or hereafter amended, with 3 or fewer other
22adults unrelated to the adult with a mental disability who do
23not provide home-based services to the adult with a mental
24disability.
25    (g) "Parent" means the biological or adoptive parent of an
26adult with a mental disability, or a person licensed as a

 

 

HB5196- 32 -LRB102 24844 RJT 34091 b

1foster parent under the laws of this State who acts as a foster
2parent to an adult with a mental disability.
3    (h) "Relative" means any of the following relationships by
4blood, marriage or adoption: parent, son, daughter, brother,
5sister, grandparent, uncle, aunt, nephew, niece, great
6grandparent, great uncle, great aunt, stepbrother, stepsister,
7stepson, stepdaughter, stepparent or first cousin.
8    (i) "Severe autism" means a lifelong developmental
9disability which is typically manifested before 30 months of
10age and is characterized by severe disturbances in reciprocal
11social interactions; verbal and nonverbal communication and
12imaginative activity; and repertoire of activities and
13interests. A person shall be determined severely autistic, for
14purposes of this Article, if both of the following are
15present:
16        (1) Diagnosis consistent with the criteria for
17    autistic disorder in the current edition of the Diagnostic
18    and Statistical Manual of Mental Disorders.
19        (2) Severe disturbances in reciprocal social
20    interactions; verbal and nonverbal communication and
21    imaginative activity; repertoire of activities and
22    interests. A determination of severe autism shall be based
23    upon a comprehensive, documented assessment with an
24    evaluation by a licensed clinical psychologist or
25    psychiatrist. A determination of severe autism shall not
26    be based solely on behaviors relating to environmental,

 

 

HB5196- 33 -LRB102 24844 RJT 34091 b

1    cultural or economic differences.
2    (j) "Severe mental illness" means the manifestation of all
3of the following characteristics:
4        (1) A primary diagnosis of one of the major mental
5    disorders in the current edition of the Diagnostic and
6    Statistical Manual of Mental Disorders listed below:
7            (A) Schizophrenia disorder.
8            (B) Delusional disorder.
9            (C) Schizo-affective disorder.
10            (D) Bipolar affective disorder.
11            (E) Atypical psychosis.
12            (F) Major depression, recurrent.
13        (2) The individual's mental illness must substantially
14    impair his or her functioning in at least 2 of the
15    following areas:
16            (A) Self-maintenance.
17            (B) Social functioning.
18            (C) Activities of community living.
19            (D) Work skills.
20        (3) Disability must be present or expected to be
21    present for at least one year.
22    A determination of severe mental illness shall be based
23upon a comprehensive, documented assessment with an evaluation
24by a licensed clinical psychologist or psychiatrist, and shall
25not be based solely on behaviors relating to environmental,
26cultural or economic differences.

 

 

HB5196- 34 -LRB102 24844 RJT 34091 b

1    (k) "Severe or profound intellectual disability" means a
2manifestation of all of the following characteristics:
3        (1) A diagnosis which meets Classification in Mental
4    Retardation or criteria in the current edition of the
5    Diagnostic and Statistical Manual of Mental Disorders for
6    severe or profound mental retardation (an IQ of 40 or
7    below). This must be measured by a standardized instrument
8    for general intellectual functioning.
9        (2) A severe or profound level of disturbed adaptive
10    behavior. This must be measured by a standardized adaptive
11    behavior scale or informal appraisal by the professional
12    in keeping with illustrations in Classification in Mental
13    Retardation, 1983.
14        (3) Disability diagnosed before age of 18.
15    A determination of a severe or profound intellectual
16disability shall be based upon a comprehensive, documented
17assessment with an evaluation by a licensed clinical
18psychologist or certified school psychologist or a
19psychiatrist, and shall not be based solely on behaviors
20relating to environmental, cultural or economic differences.
21    (l) "Severe and multiple impairments" means the
22manifestation of all of the following characteristics:
23        (1) The evaluation determines the presence of a
24    developmental disability which is expected to continue
25    indefinitely, constitutes a substantial disability and is
26    attributable to any of the following:

 

 

HB5196- 35 -LRB102 24844 RJT 34091 b

1            (A) Intellectual disability as defined in Section
2        1-116 of the Mental Health and Developmental
3        Disabilities Code , which is defined as general
4        intellectual functioning that is 2 or more standard
5        deviations below the mean concurrent with impairment
6        of adaptive behavior which is 2 or more standard
7        deviations below the mean. Assessment of the
8        individual's intellectual functioning must be measured
9        by a standardized instrument for general intellectual
10        functioning.
11            (B) Cerebral palsy.
12            (C) Epilepsy.
13            (D) Autism.
14            (E) Any other condition which results in
15        impairment similar to that caused by an intellectual
16        disability and which requires services similar to
17        those required by persons with intellectual
18        disabilities.
19        (2) The evaluation determines multiple disabilities in
20    physical, sensory, behavioral or cognitive functioning
21    which constitute a severe or profound impairment
22    attributable to one or more of the following:
23            (A) Physical functioning, which severely impairs
24        the individual's motor performance that may be due to:
25                (i) Neurological, psychological or physical
26            involvement resulting in a variety of disabling

 

 

HB5196- 36 -LRB102 24844 RJT 34091 b

1            conditions such as hemiplegia, quadriplegia or
2            ataxia,
3                (ii) Severe organ systems involvement such as
4            congenital heart defect,
5                (iii) Physical abnormalities resulting in the
6            individual being non-mobile and non-ambulatory or
7            confined to bed and receiving assistance in
8            transferring, or
9                (iv) The need for regular medical or nursing
10            supervision such as gastrostomy care and feeding.
11            Assessment of physical functioning must be based
12        on clinical medical assessment by a physician licensed
13        to practice medicine in all its branches, using the
14        appropriate instruments, techniques and standards of
15        measurement required by the professional.
16            (B) Sensory, which involves severe restriction due
17        to hearing or visual impairment limiting the
18        individual's movement and creating dependence in
19        completing most daily activities. Hearing impairment
20        is defined as a loss of 70 decibels aided or speech
21        discrimination of less than 50% aided. Visual
22        impairment is defined as 20/200 corrected in the
23        better eye or a visual field of 20 degrees or less.
24        Sensory functioning must be based on clinical medical
25        assessment by a physician licensed to practice
26        medicine in all its branches using the appropriate

 

 

HB5196- 37 -LRB102 24844 RJT 34091 b

1        instruments, techniques and standards of measurement
2        required by the professional.
3            (C) Behavioral, which involves behavior that is
4        maladaptive and presents a danger to self or others,
5        is destructive to property by deliberately breaking,
6        destroying or defacing objects, is disruptive by
7        fighting, or has other socially offensive behaviors in
8        sufficient frequency or severity to seriously limit
9        social integration. Assessment of behavioral
10        functioning may be measured by a standardized scale or
11        informal appraisal by a clinical psychologist or
12        psychiatrist.
13            (D) Cognitive, which involves intellectual
14        functioning at a measured IQ of 70 or below.
15        Assessment of cognitive functioning must be measured
16        by a standardized instrument for general intelligence.
17        (3) The evaluation determines that development is
18    substantially less than expected for the age in cognitive,
19    affective or psychomotor behavior as follows:
20            (A) Cognitive, which involves intellectual
21        functioning at a measured IQ of 70 or below.
22        Assessment of cognitive functioning must be measured
23        by a standardized instrument for general intelligence.
24            (B) Affective behavior, which involves over and
25        under responding to stimuli in the environment and may
26        be observed in mood, attention to awareness, or in

 

 

HB5196- 38 -LRB102 24844 RJT 34091 b

1        behaviors such as euphoria, anger or sadness that
2        seriously limit integration into society. Affective
3        behavior must be based on clinical assessment using
4        the appropriate instruments, techniques and standards
5        of measurement required by the professional.
6            (C) Psychomotor, which includes a severe
7        developmental delay in fine or gross motor skills so
8        that development in self-care, social interaction,
9        communication or physical activity will be greatly
10        delayed or restricted.
11        (4) A determination that the disability originated
12    before the age of 18 years.
13    A determination of severe and multiple impairments shall
14be based upon a comprehensive, documented assessment with an
15evaluation by a licensed clinical psychologist or
16psychiatrist.
17    If the examiner is a licensed clinical psychologist,
18ancillary evaluation of physical impairment, cerebral palsy or
19epilepsy must be made by a physician licensed to practice
20medicine in all its branches.
21    Regardless of the discipline of the examiner, ancillary
22evaluation of visual impairment must be made by an
23ophthalmologist or a licensed optometrist.
24    Regardless of the discipline of the examiner, ancillary
25evaluation of hearing impairment must be made by an
26otolaryngologist or an audiologist with a certificate of

 

 

HB5196- 39 -LRB102 24844 RJT 34091 b

1clinical competency.
2    The only exception to the above is in the case of a person
3with cerebral palsy or epilepsy who, according to the
4eligibility criteria listed below, has multiple impairments
5which are only physical and sensory. In such a case, a
6physician licensed to practice medicine in all its branches
7may serve as the examiner.
8    (m) "Twenty-four-hour-a-day supervision" means
924-hour-a-day care by a trained mental health or developmental
10disability professional on an ongoing basis.
11(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
1299-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
 
13    Section 60. The Developmental Disability Prevention Act is
14amended by changing Section 2 as follows:
 
15    (410 ILCS 250/2)  (from Ch. 111 1/2, par. 2102)
16    Sec. 2. As used in this Act:
17    (a) "perinatal" means the period of time between the
18conception of an infant and the end of the first month of life;
19    (b) "congenital" means those intrauterine factors which
20influence the growth, development and function of the fetus;
21    (c) "environmental" means those extrauterine factors which
22influence the adaptation, well being or life of the newborn
23and may lead to disability;
24    (d) "high risk" means an increased level of risk of harm or

 

 

HB5196- 40 -LRB102 24844 RJT 34091 b

1mortality to the woman of childbearing age, fetus or newborn
2from congenital and/or environmental factors;
3    (e) "perinatal center" means a referral facility intended
4to care for the high risk patient before, during, or after
5labor and delivery and characterized by sophistication and
6availability of personnel, equipment, laboratory,
7transportation techniques, consultation and other support
8services;
9    (f) "developmental disability" means "developmental
10disability" as defined in Section 1-106 of the Mental Health
11and Developmental Disabilities Code an intellectual
12disability, cerebral palsy, epilepsy, or other neurological
13disabling conditions of an individual found to be closely
14related to an intellectual disability or to require treatment
15similar to that required by individuals with an intellectual
16disability, and the disability originates before such
17individual attains age 18, and has continued, or can be
18expected to continue indefinitely, and constitutes a
19substantial disability of such individuals;
20    (g) "disability" means a condition characterized by
21temporary or permanent, partial or complete impairment of
22physical, mental or physiological function;
23    (h) "Department" means the Department of Public Health.
24(Source: P.A. 99-143, eff. 7-27-15.)
 
25    Section 65. The Firearm Owners Identification Card Act is

 

 

HB5196- 41 -LRB102 24844 RJT 34091 b

1amended by changing Section 1.1 as follows:
 
2    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
3    Sec. 1.1. For purposes of this Act:
4    "Addicted to narcotics" means a person who has been:
5        (1) convicted of an offense involving the use or
6    possession of cannabis, a controlled substance, or
7    methamphetamine within the past year; or
8        (2) determined by the Illinois State Police to be
9    addicted to narcotics based upon federal law or federal
10    guidelines.
11    "Addicted to narcotics" does not include possession or use
12of a prescribed controlled substance under the direction and
13authority of a physician or other person authorized to
14prescribe the controlled substance when the controlled
15substance is used in the prescribed manner.
16    "Adjudicated as a person with a mental disability" means
17the person is the subject of a determination by a court, board,
18commission or other lawful authority that the person, as a
19result of marked subnormal intelligence, or mental illness,
20mental impairment, incompetency, condition, or disease:
21        (1) presents a clear and present danger to himself,
22    herself, or to others;
23        (2) lacks the mental capacity to manage his or her own
24    affairs or is adjudicated a person with a disability as
25    defined in Section 11a-2 of the Probate Act of 1975;

 

 

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1        (3) is not guilty in a criminal case by reason of
2    insanity, mental disease or defect;
3        (3.5) is guilty but mentally ill, as provided in
4    Section 5-2-6 of the Unified Code of Corrections;
5        (4) is incompetent to stand trial in a criminal case;
6        (5) is not guilty by reason of lack of mental
7    responsibility under Articles 50a and 72b of the Uniform
8    Code of Military Justice, 10 U.S.C. 850a, 876b;
9        (6) is a sexually violent person under subsection (f)
10    of Section 5 of the Sexually Violent Persons Commitment
11    Act;
12        (7) is a sexually dangerous person under the Sexually
13    Dangerous Persons Act;
14        (8) is unfit to stand trial under the Juvenile Court
15    Act of 1987;
16        (9) is not guilty by reason of insanity under the
17    Juvenile Court Act of 1987;
18        (10) is subject to involuntary admission as an
19    inpatient as defined in Section 1-119 of the Mental Health
20    and Developmental Disabilities Code;
21        (11) is subject to involuntary admission as an
22    outpatient as defined in Section 1-119.1 of the Mental
23    Health and Developmental Disabilities Code;
24        (12) is subject to judicial admission as set forth in
25    Section 4-500 of the Mental Health and Developmental
26    Disabilities Code; or

 

 

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1        (13) is subject to the provisions of the Interstate
2    Agreements on Sexually Dangerous Persons Act.
3    "Clear and present danger" means a person who:
4        (1) communicates a serious threat of physical violence
5    against a reasonably identifiable victim or poses a clear
6    and imminent risk of serious physical injury to himself,
7    herself, or another person as determined by a physician,
8    clinical psychologist, or qualified examiner; or
9        (2) demonstrates threatening physical or verbal
10    behavior, such as violent, suicidal, or assaultive
11    threats, actions, or other behavior, as determined by a
12    physician, clinical psychologist, qualified examiner,
13    school administrator, or law enforcement official.
14    "Clinical psychologist" has the meaning provided in
15Section 1-103 of the Mental Health and Developmental
16Disabilities Code.
17    "Controlled substance" means a controlled substance or
18controlled substance analog as defined in the Illinois
19Controlled Substances Act.
20    "Counterfeit" means to copy or imitate, without legal
21authority, with intent to deceive.
22    "Federally licensed firearm dealer" means a person who is
23licensed as a federal firearms dealer under Section 923 of the
24federal Gun Control Act of 1968 (18 U.S.C. 923).
25    "Firearm" means any device, by whatever name known, which
26is designed to expel a projectile or projectiles by the action

 

 

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1of an explosion, expansion of gas or escape of gas; excluding,
2however:
3        (1) any pneumatic gun, spring gun, paint ball gun, or
4    B-B gun which expels a single globular projectile not
5    exceeding .18 inch in diameter or which has a maximum
6    muzzle velocity of less than 700 feet per second;
7        (1.1) any pneumatic gun, spring gun, paint ball gun,
8    or B-B gun which expels breakable paint balls containing
9    washable marking colors;
10        (2) any device used exclusively for signaling or
11    safety and required or recommended by the United States
12    Coast Guard or the Interstate Commerce Commission;
13        (3) any device used exclusively for the firing of stud
14    cartridges, explosive rivets or similar industrial
15    ammunition; and
16        (4) an antique firearm (other than a machine-gun)
17    which, although designed as a weapon, the Illinois State
18    Police finds by reason of the date of its manufacture,
19    value, design, and other characteristics is primarily a
20    collector's item and is not likely to be used as a weapon.
21    "Firearm ammunition" means any self-contained cartridge or
22shotgun shell, by whatever name known, which is designed to be
23used or adaptable to use in a firearm; excluding, however:
24        (1) any ammunition exclusively designed for use with a
25    device used exclusively for signaling signalling or safety
26    and required or recommended by the United States Coast

 

 

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1    Guard or the Interstate Commerce Commission; and
2        (2) any ammunition designed exclusively for use with a
3    stud or rivet driver or other similar industrial
4    ammunition.
5    "Gun show" means an event or function:
6        (1) at which the sale and transfer of firearms is the
7    regular and normal course of business and where 50 or more
8    firearms are displayed, offered, or exhibited for sale,
9    transfer, or exchange; or
10        (2) at which not less than 10 gun show vendors
11    display, offer, or exhibit for sale, sell, transfer, or
12    exchange firearms.
13    "Gun show" includes the entire premises provided for an
14event or function, including parking areas for the event or
15function, that is sponsored to facilitate the purchase, sale,
16transfer, or exchange of firearms as described in this
17Section. Nothing in this definition shall be construed to
18exclude a gun show held in conjunction with competitive
19shooting events at the World Shooting Complex sanctioned by a
20national governing body in which the sale or transfer of
21firearms is authorized under subparagraph (5) of paragraph (g)
22of subsection (A) of Section 24-3 of the Criminal Code of 2012.
23    Unless otherwise expressly stated, "gun show" does not
24include training or safety classes, competitive shooting
25events, such as rifle, shotgun, or handgun matches, trap,
26skeet, or sporting clays shoots, dinners, banquets, raffles,

 

 

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1or any other event where the sale or transfer of firearms is
2not the primary course of business.
3    "Gun show promoter" means a person who organizes or
4operates a gun show.
5    "Gun show vendor" means a person who exhibits, sells,
6offers for sale, transfers, or exchanges any firearms at a gun
7show, regardless of whether the person arranges with a gun
8show promoter for a fixed location from which to exhibit,
9sell, offer for sale, transfer, or exchange any firearm.
10    "Involuntarily admitted" has the meaning as prescribed in
11Sections 1-119 and 1-119.1 of the Mental Health and
12Developmental Disabilities Code.
13    "Mental health facility" means any licensed private
14hospital or hospital affiliate, institution, or facility, or
15part thereof, and any facility, or part thereof, operated by
16the State or a political subdivision thereof which provides
17provide treatment of persons with mental illness and includes
18all hospitals, institutions, clinics, evaluation facilities,
19mental health centers, colleges, universities, long-term care
20facilities, and nursing homes, or parts thereof, which provide
21treatment of persons with mental illness whether or not the
22primary purpose is to provide treatment of persons with mental
23illness.
24    "National governing body" means a group of persons who
25adopt rules and formulate policy on behalf of a national
26firearm sporting organization.

 

 

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1    "Patient" means:
2        (1) a person who is admitted as an inpatient or
3    resident of a public or private mental health facility for
4    mental health treatment under Chapter III of the Mental
5    Health and Developmental Disabilities Code as an informal
6    admission, a voluntary admission, a minor admission, an
7    emergency admission, or an involuntary admission, unless
8    the treatment was solely for an alcohol abuse disorder; or
9        (2) a person who voluntarily or involuntarily receives
10    mental health treatment as an out-patient or is otherwise
11    provided services by a public or private mental health
12    facility, and who poses a clear and present danger to
13    himself, herself, or to others.
14    "Person with a developmental disability" means a person
15with a "developmental disability" as defined in Section 1-106
16of the Mental Health and Developmental Disabilities Code.
17which is attributable to any other condition which results in
18impairment similar to that caused by an intellectual
19disability and which requires services similar to those
20required by persons with intellectual disabilities. The
21disability must originate before the age of 18 years, be
22expected to continue indefinitely, and constitute a
23substantial disability. This disability results, in the
24professional opinion of a physician, clinical psychologist, or
25qualified examiner, in significant functional limitations in 3
26or more of the following areas of major life activity:

 

 

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1        (i) self-care;
2        (ii) receptive and expressive language;
3        (iii) learning;
4        (iv) mobility; or
5        (v) self-direction.
6    "Person with an intellectual disability" means a
7"intellectual disability" as defined in Section 1-106 of the
8Mental Health and Developmental Disabilities Code person with
9a significantly subaverage general intellectual functioning
10which exists concurrently with impairment in adaptive behavior
11and which originates before the age of 18 years.
12    "Physician" has the meaning as defined in Section 1-120 of
13the Mental Health and Developmental Disabilities Code.
14    "Protective order" means any orders of protection issued
15under the Illinois Domestic Violence Act of 1986, stalking no
16contact orders issued under the Stalking No Contact Order Act,
17civil no contact orders issued under the Civil No Contact
18Order Act, and firearms restraining orders issued under the
19Firearms Restraining Order Act.
20    "Qualified examiner" has the meaning provided in Section
211-122 of the Mental Health and Developmental Disabilities
22Code.
23    "Sanctioned competitive shooting event" means a shooting
24contest officially recognized by a national or state shooting
25sport association, and includes any sight-in or practice
26conducted in conjunction with the event.

 

 

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1    "School administrator" means the person required to report
2under the School Administrator Reporting of Mental Health
3Clear and Present Danger Determinations Law.
4    "Stun gun or taser" has the meaning ascribed to it in
5Section 24-1 of the Criminal Code of 2012.
6(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
7revised 10-6-21.)
 
8    Section 70. The Probate Act of 1975 is amended by changing
9Section 11a-1 as follows:
 
10    (755 ILCS 5/11a-1)  (from Ch. 110 1/2, par. 11a-1)
11    Sec. 11a-1. "Developmental disability", "intellectual
12disability", and "related condition" defined.
13    "Developmental disability" means "developmental
14disability" as defined in Section 1-116 of the Mental Health
15and Developmental Disabilities Code a disability that is
16attributable to an intellectual disability or a related
17condition.
18    "Intellectual disability" means "intellectual disability"
19as defined in Section 1-116 of the Mental Health and
20Developmental Disabilities Code significantly subaverage
21general intellectual functioning existing concurrently with
22deficits in adaptive behavior and manifested before the age of
2322 years.
24    "Related condition" means a condition that:

 

 

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1        (1) is attributable to cerebral palsy, epilepsy, or
2    any other condition, other than mental illness, found to
3    be closely related to an intellectual disability because
4    that condition results in impairment of general
5    intellectual functioning or adaptive behavior similar to
6    that of individuals with an intellectual disability, and
7    requires treatment or services similar to those required
8    for those individuals. For purposes of this Act, autism is
9    considered a related condition;
10        (2) is manifested before the individual reaches age
11    22;
12        (3) is likely to continue indefinitely; and
13        (4) results in substantial functional limitation in 3
14    or more of the following areas of major life activity:
15    self-care, language, learning, mobility, self-direction,
16    and capacity for independent living.
17(Source: P.A. 102-72, eff. 1-1-22; 102-109, eff. 1-1-22.)