Full Text of HB5861 96th General Assembly
HB5861enr 96TH GENERAL ASSEMBLY
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HB5861 Enrolled |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Confidentiality Act is amended by changing | 6 |
| Section 12.2 as follows:
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| (740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
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| Sec. 12.2.
(a) When a recipient who has been judicially or | 9 |
| involuntarily
admitted, or is a forensic recipient admitted to | 10 |
| a developmental disability
or mental health facility, as | 11 |
| defined in Section 1-107 or 1-114 of the
Mental Health and | 12 |
| Developmental Disabilities Code, is on an unauthorized
absence | 13 |
| or otherwise has left the facility without being discharged or
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| being free to do so, the facility director shall immediately | 15 |
| furnish and
disclose to the appropriate local law enforcement | 16 |
| agency identifying
information, as defined in this Section, and | 17 |
| all further information
unrelated to the diagnosis, treatment | 18 |
| or evaluation of the recipient's
mental or physical health that | 19 |
| would aid the law enforcement agency in
locating and | 20 |
| apprehending the recipient and returning him to the facility. | 21 |
| When a forensic recipient is on an unauthorized absence or | 22 |
| otherwise has left the facility without being discharged or | 23 |
| being free to do so, the facility director, or designee, of a |
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| mental health facility or developmental facility operated by | 2 |
| the Department shall also immediately notify, in like manner, | 3 |
| the Department of State Police.
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| (b) If a law enforcement agency requests information from a
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| developmental disability or mental health facility, as defined | 6 |
| in Section
1-107 or 1-114 of the Mental Health and | 7 |
| Developmental Disabilities Code,
relating to a recipient who | 8 |
| has been admitted to the facility
and for whom a missing person | 9 |
| report has been filed with a law enforcement
agency, the | 10 |
| facility director shall, except in the case of a voluntary
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| recipient wherein the recipient's permission in writing must | 12 |
| first be
obtained, furnish and disclose to the law enforcement | 13 |
| agency identifying
information as is necessary to confirm or | 14 |
| deny whether that person is, or
has been since the missing | 15 |
| person report was filed, a resident of that
facility. The | 16 |
| facility director shall notify the law enforcement agency if
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| the missing person is admitted after the request. Any person | 18 |
| participating
in good faith in the disclosure of information in | 19 |
| accordance with this
provision shall have immunity from any | 20 |
| liability, civil, criminal, or
otherwise, if the information is | 21 |
| disclosed relying upon the representation
of an officer of a | 22 |
| law enforcement agency that a missing person report has
been | 23 |
| filed.
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| (c) Upon the request of a law enforcement agency in | 25 |
| connection with the
investigation of a particular felony or sex | 26 |
| offense, when the investigation
case file number is furnished |
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LRB096 20514 AJO 36198 b |
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| by the law enforcement agency, a facility
director shall | 2 |
| immediately disclose to that law enforcement agency
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| identifying information on any forensic recipient who is | 4 |
| admitted to
a developmental disability or mental health | 5 |
| facility, as defined in Section
1-107 or 1-114 of the Mental | 6 |
| Health and Developmental Disabilities Code,
who was or may have | 7 |
| been away from the facility at or about the time of the
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| commission of a particular felony or sex offense, and: (1) | 9 |
| whose
description, clothing, or both reasonably match the | 10 |
| physical description of
any person allegedly involved in that | 11 |
| particular felony or sex offense; or
(2) whose past modus | 12 |
| operandi matches the modus operandi of that particular
felony | 13 |
| or sex offense.
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| (d) For the purposes of this Section and Section 12.1, "law
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| enforcement agency" means an agency of the State or unit of | 16 |
| local
government that is vested by law or ordinance with the | 17 |
| duty to maintain
public order and to enforce criminal laws or | 18 |
| ordinances, the Federal
Bureau of Investigation, the Central | 19 |
| Intelligence Agency, and the United
States Secret Service.
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| (e) For the purpose of this Section, "identifying | 21 |
| information" means
the name, address, age, and a physical | 22 |
| description, including clothing,
of the recipient of services, | 23 |
| the names and addresses of the
recipient's nearest known | 24 |
| relatives, where the recipient was known to have been
during | 25 |
| any past unauthorized absences from a facility, whether the
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| recipient may be suicidal, and the condition of the recipient's |
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| physical
health as it relates to exposure to the weather. | 2 |
| Except as provided in
Section 11, in no case shall the facility | 3 |
| director disclose to the law
enforcement agency any information | 4 |
| relating to the diagnosis, treatment, or
evaluation of the | 5 |
| recipient's mental or physical health, unless the
disclosure is | 6 |
| deemed necessary by the facility director to insure the
safety | 7 |
| of the investigating officers or general public.
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| (f) For the purpose of this Section, "forensic recipient" | 9 |
| means a
recipient who is placed in a developmental disability | 10 |
| facility or mental
health facility, as defined in Section 1-107 | 11 |
| or 1-114 of the Mental Health
and Developmental Disabilities | 12 |
| Code, pursuant to Article 104 of the Code of
Criminal Procedure | 13 |
| or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
of | 14 |
| Corrections.
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| (Source: P.A. 85-666; 85-971; 86-1417.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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