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Full Text of HB0461  100th General Assembly

HB0461 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0461

 

Introduced , by Rep. Ryan Spain

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/6-103.2 rep.
740 ILCS 110/12  from Ch. 91 1/2, par. 812

    Amends the Mental Health and Developmental Disabilities Code. Repeals the Section providing that if a person 14 years or older is determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner, the person making the determination shall notify the Department of Health and Human Services within 7 days, who then shall notify the Department of State Police, if appropriate, to determine continuing eligibility under the Firearm Owners Identification Card Act. Makes a conforming change in the Mental Health and Developmental Disabilities Confidentiality Act.


LRB100 05570 HEP 15584 b

 

 

A BILL FOR

 

HB0461LRB100 05570 HEP 15584 b

1    AN ACT concerning disclosures for firearm possession
2eligibility.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    (405 ILCS 5/6-103.2 rep.)
6    Section 5. The Mental Health and Developmental
7Disabilities Code is amended by repealing Section 6-103.2.
 
8    Section 10. The Mental Health and Developmental
9Disabilities Confidentiality Act is amended by changing
10Section 12 as follows:
 
11    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
12    Sec. 12. (a) If the United States Secret Service or the
13Department of State Police requests information from a mental
14health or developmental disability facility, as defined in
15Section 1-107 and 1-114 of the Mental Health and Developmental
16Disabilities Code, relating to a specific recipient and the
17facility director determines that disclosure of such
18information may be necessary to protect the life of, or to
19prevent the infliction of great bodily harm to, a public
20official, or a person under the protection of the United States
21Secret Service, only the following information may be
22disclosed: the recipient's name, address, and age and the date

 

 

HB0461- 2 -LRB100 05570 HEP 15584 b

1of any admission to or discharge from a facility; and any
2information which would indicate whether or not the recipient
3has a history of violence or presents a danger of violence to
4the person under protection. Any information so disclosed shall
5be used for investigative purposes only and shall not be
6publicly disseminated. Any person participating in good faith
7in the disclosure of such information in accordance with this
8provision shall have immunity from any liability, civil,
9criminal or otherwise, if such information is disclosed relying
10upon the representation of an officer of the United States
11Secret Service or the Department of State Police that a person
12is under the protection of the United States Secret Service or
13is a public official.
14    For the purpose of this subsection (a), the term "public
15official" means the Governor, Lieutenant Governor, Attorney
16General, Secretary of State, State Comptroller, State
17Treasurer, member of the General Assembly, member of the United
18States Congress, Judge of the United States as defined in 28
19U.S.C. 451, Justice of the United States as defined in 28
20U.S.C. 451, United States Magistrate Judge as defined in 28
21U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
22Supreme, Appellate, Circuit, or Associate Judge of the State of
23Illinois. The term shall also include the spouse, child or
24children of a public official.
25    (b) The Department of Human Services (acting as successor
26to the Department of Mental Health and Developmental

 

 

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1Disabilities) and all public or private hospitals and mental
2health facilities are required, as hereafter described in this
3subsection, to furnish the Department of State Police only such
4information as may be required for the sole purpose of
5determining whether an individual who may be or may have been a
6patient is disqualified because of that status from receiving
7or retaining a Firearm Owner's Identification Card or falls
8within the federal prohibitors under subsection (e), (f), (g),
9(r), (s), or (t) of Section 8 of the Firearm Owners
10Identification Card Act, or falls within the federal
11prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
12clinical psychologists, or qualified examiners at public or
13private mental health facilities or parts thereof as defined in
14this subsection shall, in the form and manner required by the
15Department, provide notice directly to the Department of Human
16Services, or to his or her employer who shall then report to
17the Department, within 24 hours after determining that a person
18poses a clear and present danger to himself, herself, or
19others, or within 7 days after a person 14 years or older is
20determined to be a person with a developmental disability by a
21physician, clinical psychologist, or qualified examiner as
22described in Section 1.1 of the Firearm Owners Identification
23Card Act. If a person is a patient as described in clause (1)
24of the definition of "patient" in Section 1.1 of the Firearm
25Owners Identification Card Act, this information shall be
26furnished within 7 days after admission to a public or private

 

 

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1hospital or mental health facility or the provision of
2services. Any such information disclosed under this subsection
3shall remain privileged and confidential, and shall not be
4redisclosed, except as required by subsection (e) of Section
53.1 of the Firearm Owners Identification Card Act, nor utilized
6for any other purpose. The method of requiring the providing of
7such information shall guarantee that no information is
8released beyond what is necessary for this purpose. In
9addition, the information disclosed shall be provided by the
10Department within the time period established by Section 24-3
11of the Criminal Code of 2012 regarding the delivery of
12firearms. The method used shall be sufficient to provide the
13necessary information within the prescribed time period, which
14may include periodically providing lists to the Department of
15Human Services or any public or private hospital or mental
16health facility of Firearm Owner's Identification Card
17applicants on which the Department or hospital shall indicate
18the identities of those individuals who are to its knowledge
19disqualified from having a Firearm Owner's Identification Card
20for reasons described herein. The Department may provide for a
21centralized source of information for the State on this subject
22under its jurisdiction. The identity of the person reporting
23under this subsection shall not be disclosed to the subject of
24the report. For the purposes of this subsection, the physician,
25clinical psychologist, or qualified examiner making the
26determination and his or her employer shall not be held

 

 

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1criminally, civilly, or professionally liable for making or not
2making the notification required under this subsection, except
3for willful or wanton misconduct.
4    Any person, institution, or agency, under this Act,
5participating in good faith in the reporting or disclosure of
6records and communications otherwise in accordance with this
7provision or with rules, regulations or guidelines issued by
8the Department shall have immunity from any liability, civil,
9criminal or otherwise, that might result by reason of the
10action. For the purpose of any proceeding, civil or criminal,
11arising out of a report or disclosure in accordance with this
12provision, the good faith of any person, institution, or agency
13so reporting or disclosing shall be presumed. The full extent
14of the immunity provided in this subsection (b) shall apply to
15any person, institution or agency that fails to make a report
16or disclosure in the good faith belief that the report or
17disclosure would violate federal regulations governing the
18confidentiality of alcohol and drug abuse patient records
19implementing 42 U.S.C. 290dd-3 and 290ee-3.
20    For purposes of this subsection (b) only, the following
21terms shall have the meaning prescribed:
22        (1) (Blank).
23        (1.3) "Clear and present danger" has the meaning as
24    defined in Section 1.1 of the Firearm Owners Identification
25    Card Act.
26        (1.5) (Blank). "Person with a developmental

 

 

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1    disability" has the meaning as defined in Section 1.1 of
2    the Firearm Owners Identification Card Act.
3        (2) "Patient" has the meaning as defined in Section 1.1
4    of the Firearm Owners Identification Card Act.
5        (3) "Mental health facility" has the meaning as defined
6    in Section 1.1 of the Firearm Owners Identification Card
7    Act.
8    (c) Upon the request of a peace officer who takes a person
9into custody and transports such person to a mental health or
10developmental disability facility pursuant to Section 3-606 or
114-404 of the Mental Health and Developmental Disabilities Code
12or who transports a person from such facility, a facility
13director shall furnish said peace officer the name, address,
14age and name of the nearest relative of the person transported
15to or from the mental health or developmental disability
16facility. In no case shall the facility director disclose to
17the peace officer any information relating to the diagnosis,
18treatment or evaluation of the person's mental or physical
19health.
20    For the purposes of this subsection (c), the terms "mental
21health or developmental disability facility", "peace officer"
22and "facility director" shall have the meanings ascribed to
23them in the Mental Health and Developmental Disabilities Code.
24    (d) Upon the request of a peace officer or prosecuting
25authority who is conducting a bona fide investigation of a
26criminal offense, or attempting to apprehend a fugitive from

 

 

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1justice, a facility director may disclose whether a person is
2present at the facility. Upon request of a peace officer or
3prosecuting authority who has a valid forcible felony warrant
4issued, a facility director shall disclose: (1) whether the
5person who is the subject of the warrant is present at the
6facility and (2) the date of that person's discharge or future
7discharge from the facility. The requesting peace officer or
8prosecuting authority must furnish a case number and the
9purpose of the investigation or an outstanding arrest warrant
10at the time of the request. Any person, institution, or agency
11participating in good faith in disclosing such information in
12accordance with this subsection (d) is immune from any
13liability, civil, criminal or otherwise, that might result by
14reason of the action.
15(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
16eff. 7-27-15; 99-642, eff. 7-28-16.)