Illinois General Assembly - Bill Status for SB3780
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 Bill Status of SB3780  98th General Assembly

Short Description:  MENTAL HEALTH RECORDS-DISCLOSE

Senate Sponsors
Sen. William R. Haine

House Sponsors
(Rep. Jerry F. Costello, II)

Last Action
DateChamber Action
  1/8/2013SenateSession Sine Die

Statutes Amended In Order of Appearance
740 ILCS 110/10from Ch. 91 1/2, par. 810


Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the mental health records of a recipient may be disclosed in a civil, criminal or administrative proceeding in response to a subpoena, discovery request, or other lawful process in cases involving criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse when the recipient is the alleged perpetrator of the offense and the disclosure relates directly to the fact or immediate circumstances of the offense, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal may be taken, finds, after an in camera examination, that it is relevant, probative, not unduly prejudicial or inflammatory, and otherwise admissible provided that other satisfactory evidence is not available regarding the facts sought to be established.

Senate Committee Amendment No. 1
Further amends the Mental Health and Developmental Disabilities Confidentiality Act. Deletes the language added by the introduced bill and adds similar language with the following changes: provides that the language applies to the disclosure of records of a recipient in cases involving sexual assault or sexual abuse (instead of criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse) when the recipient is the alleged perpetrator; deletes a requirement that the court find that the evidence to be disclosed is not unduly prejudicial or inflammatory; replaces a requirement that the evidence to be disclosed is otherwise admissible with a requirement that it is otherwise discoverable; and adds language providing that a court may enter a protective order to prevent harm from the disclosure of the records.

Senate Floor Amendment No. 2
Further amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that, subject to specified conditions, the records of a recipient may be disclosed in a civil, criminal, or administrative proceeding in response to a subpoena or court order (instead of in response to a subpoena, discovery request, or other lawful process) in cases involving sexual assault or sexual abuse when the recipient is the alleged perpetrator of the sexual assault or sexual abuse. Adds language providing that, if findings are made in accordance with the provisions added by the bill, the court shall issue an order authorizing the disclosure of the records of a recipient or the issuance of a subpoena for the records to be delivered to the court for an in camera examination. Adds a cross-reference.

Actions 
DateChamber Action
  2/10/2012SenateFiled with Secretary by Sen. William R. Haine
  2/10/2012SenateFirst Reading
  2/10/2012SenateReferred to Assignments
  2/24/2012SenateAssigned to Judiciary
  2/28/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  2/28/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/29/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/6/2012SenateSenate Committee Amendment No. 1 Adopted
  3/7/2012SenateDo Pass as Amended Judiciary; 010-000-000
  3/7/2012SenatePlaced on Calendar Order of 2nd Reading March 8, 2012
  3/8/2012SenateSecond Reading
  3/8/2012SenatePlaced on Calendar Order of 3rd Reading March 21, 2012
  3/26/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  3/26/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/26/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  3/27/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
  3/29/2012SenateRecalled to Second Reading
  3/29/2012SenateSenate Floor Amendment No. 2 Adopted; Haine
  3/29/2012SenatePlaced on Calendar Order of 3rd Reading
  3/29/2012SenateThird Reading - Passed; 055-000-000
  3/29/2012HouseArrived in House
  3/30/2012HouseChief House Sponsor Rep. Jerry F. Costello, II
  3/30/2012HousePlaced on Calendar Order of First Reading
  3/30/2012HouseFirst Reading
  3/30/2012HouseReferred to Rules Committee
  4/16/2012HouseAssigned to Judiciary I - Civil Law Committee
  4/25/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 009-002-000
  4/25/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/10/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jerry F. Costello, II
  5/10/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/22/2012HouseSecond Reading - Short Debate
  5/22/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  5/25/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  5/31/2012HouseRule 19(a) / Re-referred to Rules Committee
  1/8/2013SenateSession Sine Die

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