093_SB0198

                                     LRB093 06332 DRJ 06451 b

 1        AN ACT in relation to 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 1-119 and
 6    adding Sections 1-129 and 1-130 as follows:

 7        (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
 8        Sec. 1-119.  "Person subject  to  involuntary  admission"
 9    means:
10             (1)  A person with mental illness and who because of
11        his  or  her  illness is reasonably expected to engage in
12        dangerous conduct  inflict  serious  physical  harm  upon
13        himself or herself or another in the near future; or
14             (2)  A person with mental illness and who because of
15        his  or  her  illness  is unable to understand his or her
16        need for treatment and who, if not treated, is reasonably
17        expected to  suffer  or  continue  to  suffer  mental  or
18        emotional  deterioration,  or both, to the point that the
19        person will engage in dangerous conduct provide  for  his
20        or  her  basic  physical  needs so as to guard himself or
21        herself from serious harm.
22        In  determining  whether  a  person  meets  the  criteria
23    specified in paragraph (1) or (2),  the  court  may  consider
24    evidence of the person's past pattern of behavior or clinical
25    testimony   concerning  the  usual  course  of  the  person's
26    illness.
27    (Source: P.A. 91-726, eff. 6-2-00.)

28        (405 ILCS 5/1-129 new)
29        Sec. 1-129.  Dangerous conduct. "Dangerous conduct" means
30    an individual's acts or omissions that place  the  individual
 
                            -2-      LRB093 06332 DRJ 06451 b
 1    or  others  in  risk  of  serious harm. The term includes (i)
 2    threatening  behavior  or   conduct   that   places   another
 3    individual in reasonable expectation of being harmed and (ii)
 4    an  individual's  inability, without the assistance of family
 5    or outside help, to provide for his  or  her  basic  physical
 6    needs so as to guard himself or herself from serious harm.

 7        (405 ILCS 5/1-130 new)
 8        Sec.  1-130.  Mental  illness.  "Mental illness" means an
 9    organic, mental, or  emotional  disorder  that  substantially
10    impairs  a person's thought, perception of reality, emotional
11    process, judgment, behavior, or  ability  to  cope  with  the
12    ordinary   demands   of   life,   but   does  not  include  a
13    developmental disability, a substance abuse disorder,  or  an
14    abnormality manifested only by repeated criminal or otherwise
15    antisocial conduct.

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.