HB1155ham021 98TH GENERAL ASSEMBLY

Rep. Elgie R. Sims, Jr.

Filed: 2/25/2013

09800HB1155ham021 LRB098 08475 MRW 41682 a

AMENDMENT TO HOUSE BILL 1155

AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by inserting the following in its proper numeric sequence:

"Section 25. Handgun carry; psychological fitness evaluation.

(a) An applicant for a handgun carry license must submit to a psychological fitness evaluation by a licensed psychiatrist or licensed clinical psychologist as those terms are defined in the Mental Health and Developmental Disabilities Code. To be eligible for a license, the evaluation shall include a certification by the psychiatrist or clinical psychologist that the applicant:

(1) is not a danger to himself, to herself, or to others;

(2) does not lack the mental capacity to manage his or her own affairs;

(3) is able to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others; and

(4) does not have a state of mind manifested by violent, suicidal, threatening, or assaultive behavior that poses a clear and present danger to himself, herself, or to others at the time of the evaluation or in the future.

(b) The applicant shall provide the psychiatrist or clinical psychologist with written consent for the psychiatrist or clinical psychologist to provide the Department of State Police with the psychiatrist's or clinical psychologist's determination indicating only whether the person is eligible or ineligible to carry a handgun. The information provided to the Department of State Police by a psychiatrist or clinical psychologist under this subsection shall be maintained as confidential information and may only be disclosed and used for the purposes of this Section.

(c) The Department of State Police shall deny a handgun carry license to any person for which the Department receives a determination under subsections (a) and (b) of this Section that the person is ineligible to carry a handgun, in the manner provided in this Act.

(d) The Department of State Police shall adopt rules necessary to implement the provisions of this Section.

Section 350. The Mental Health and Developmental Disabilities Confidentiality Act is amended by changing Section 11 as follows:

(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)

Sec. 11. Disclosure of records and communications. Records and communications may be disclosed:

(i) in accordance with the provisions of the Abused and Neglected Child Reporting Act, subsection (u) of Section 5 of the Children and Family Services Act, or Section 7.4 of the Child Care Act of 1969;

(ii) when, and to the extent, a therapist, in his or her sole discretion, determines that disclosure is necessary to initiate or continue civil commitment or involuntary treatment proceedings under the laws of this State or to otherwise protect the recipient or other person against a clear, imminent risk of serious physical or mental injury or disease or death being inflicted upon the recipient or by the recipient on himself or another;

(iii) when, and to the extent disclosure is, in the sole discretion of the therapist, necessary to the provision of emergency medical care to a recipient who is unable to assert or waive his or her rights hereunder;

(iv) when disclosure is necessary to collect sums or receive third party payment representing charges for mental health or developmental disabilities services provided by a therapist or agency to a recipient under Chapter V of the Mental Health and Developmental Disabilities Code or to transfer debts under the Uncollected State Claims Act; however, disclosure shall be limited to information needed to pursue collection, and the information so disclosed shall not be used for any other purposes nor shall it be redisclosed except in connection with collection activities;

(v) when requested by a family member, the Department of Human Services may assist in the location of the interment site of a deceased recipient who is interred in a cemetery established under Section 26 of the Mental Health and Developmental Disabilities Administrative Act;

(vi) in judicial proceedings under Article VIII of Chapter III and Article V of Chapter IV of the Mental Health and Developmental Disabilities Code and proceedings and investigations preliminary thereto, to the State's Attorney for the county or residence of a person who is the subject of such proceedings, or in which the person is found, or in which the facility is located, to the attorney representing the petitioner in the judicial proceedings, to the attorney representing the recipient in the judicial proceedings, to any person or agency providing mental health services that are the subject of the proceedings and to that person's or agency's attorney, to any court personnel, including but not limited to judges and circuit court clerks, and to a guardian ad litem if one has been appointed by the court. Information disclosed under this subsection shall not be utilized for any other purpose nor be redisclosed except in connection with the proceedings or investigations. Copies of any records provided to counsel for a petitioner shall be deleted or destroyed at the end of the proceedings and counsel for petitioner shall certify to the court in writing that he or she has done so. At the request of a recipient or his or her counsel, the court shall issue a protective order insuring the confidentiality of any records or communications provided to counsel for a petitioner;

(vii) when, and to the extent disclosure is necessary to comply with the requirements of the Census Bureau in taking the federal Decennial Census;

(viii) when, and to the extent, in the therapist's sole discretion, disclosure is necessary to warn or protect a specific individual against whom a recipient has made a specific threat of violence where there exists a therapist-recipient relationship or a special recipient-individual relationship;

(ix) in accordance with the Sex Offender Registration Act;

(x) in accordance with the Rights of Crime Victims and Witnesses Act;

(xi) in accordance with Section 6 of the Abused and Neglected Long Term Care Facility Residents Reporting Act; and

(xii) in accordance with Section 55 of the Abuse of Adults with Disabilities Intervention Act; and

(xiii) in accordance with Section 25 of the Family and Personal Protection Act.

Any person, institution, or agency, under this Act, participating in good faith in the making of a report under the Abused and Neglected Child Reporting Act or in the disclosure of records and communications under this Section, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such action. For the purpose of any proceeding, civil or criminal, arising out of a report or disclosure under this Section, the good faith of any person, institution, or agency so reporting or disclosing shall be presumed.

(Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; 97-375, eff. 8-15-11.)".