Illinois Compiled Statutes
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740 ILCS 110/12
(740 ILCS 110/12)
(from Ch. 91 1/2, par. 812)
(a) If the United States Secret Service or the Department of
State Police requests information from a mental health or developmental
disability facility, as defined in Section 1-107 and 1-114 of the Mental
Health and Developmental Disabilities Code, relating to a specific
recipient and the facility director determines that disclosure of such
information may be necessary to protect the life of, or to prevent
the infliction of great bodily harm to, a public official,
or a person under the protection of the United
States Secret Service, only the following information
may be disclosed: the recipient's name, address, and age and the date of
any admission to or discharge from a facility; and any information which
would indicate whether or not the recipient has a history of violence or
presents a danger of violence to the person under protection. Any information
so disclosed shall be used for investigative purposes only and shall not
be publicly disseminated.
Any person participating in good faith in the disclosure of such
information in accordance with this provision shall have immunity from any
liability, civil, criminal or otherwise, if such information is disclosed
relying upon the representation of an officer of the United States Secret
Service or the Department of State Police that a person is under the
protection of the United States Secret Service or is a public official.
For the purpose of this subsection (a), the term "public official" means
the Governor, Lieutenant Governor, Attorney General, Secretary of State,
State Comptroller, State Treasurer, member of the General Assembly, member of the United States Congress, Judge of the United States as defined in 28 U.S.C. 451, Justice of the United States as defined in 28 U.S.C. 451, United States Magistrate Judge as defined in 28 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois. The
term shall also include the spouse, child or children of a public official.
(b) The Department of Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities) and all
public or private hospitals and mental health facilities are required, as hereafter described in this subsection,
to furnish the Department of State Police only such information as may
be required for the sole purpose of determining whether an individual who
may be or may have been a patient is disqualified because of that status
from receiving or retaining a Firearm Owner's Identification Card or falls within the federal prohibitors under subsection (e), (f), (g), (r), (s), or (t) of Section 8 of the Firearm Owners Identification Card Act, or falls within the federal prohibitors in 18 U.S.C. 922(g) and (n). All physicians, clinical psychologists, or qualified examiners at public or private mental health facilities or parts thereof as defined in this subsection shall, in the form and manner required
by the Department, provide notice directly to the Department of Human Services, or to his or her employer who shall then report to the Department, within 24 hours after determining that a person poses a clear and present danger to himself, herself, or others, or within 7 days after a person 14 years or older is determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner as described in Section 1.1 of the Firearm Owners Identification Card Act. If a person is a patient as described in clause (1) of the definition of "patient" in Section 1.1 of the Firearm Owners Identification Card Act, this information shall be furnished within 7 days after
admission to a public or private hospital or mental health facility or the provision of services. Any such information disclosed under
this subsection shall
remain privileged and confidential, and shall not be redisclosed, except as required by subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor utilized
for any other purpose. The method of requiring the providing of such
information shall guarantee that no information is released beyond what
is necessary for this purpose. In addition, the information disclosed
shall be provided
by the Department within the time period established by Section 24-3 of the
Criminal Code of 2012 regarding the delivery of firearms. The method used
shall be sufficient to provide the necessary information within the
prescribed time period, which may include periodically providing
lists to the Department of Human Services
or any public or private hospital or mental health facility of Firearm Owner's Identification Card applicants
on which the Department or hospital shall indicate the identities of those
individuals who are to its knowledge disqualified from having a Firearm
Owner's Identification Card for reasons described herein. The Department
may provide for a centralized source
of information for the State on this subject under its jurisdiction. The identity of the person reporting under this subsection shall not be disclosed to the subject of the report. For the purposes of this subsection, the physician, clinical psychologist, or qualified examiner making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this subsection, except for willful or wanton misconduct.
Any person, institution, or agency, under this Act, participating in
good faith in the reporting or disclosure of records and communications
otherwise in accordance with this provision or with rules, regulations or
guidelines issued by the Department shall have immunity from any
liability, civil, criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this provision,
the good faith of any person,
institution, or agency so reporting or disclosing shall be presumed. The
full extent of the immunity provided in this subsection (b) shall apply to
any person, institution or agency that fails to make a report or disclosure
in the good faith belief that the report or disclosure would violate
federal regulations governing the confidentiality of alcohol and drug abuse
patient records implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following terms shall have
the meaning prescribed:
(1.3) "Clear and present danger" has the meaning as
defined in Section 1.1 of the Firearm Owners Identification Card Act.
(1.5) "Person with a developmental disability" has
the meaning as defined in Section 1.1 of the Firearm Owners Identification Card Act.
(2) "Patient" has the meaning as defined in Section
1.1 of the Firearm Owners Identification Card Act.
(3) "Mental health facility" has the meaning as
defined in Section 1.1 of the Firearm Owners Identification Card Act.
(c) Upon the request of a peace officer who takes a person into custody
and transports such person to a mental health or developmental disability
facility pursuant to Section 3-606 or 4-404 of the Mental Health and
Developmental Disabilities Code or who transports a person from such facility,
a facility director shall furnish said peace officer the name, address, age
and name of the nearest relative of the person transported to or from the
mental health or developmental disability facility. In no case shall the
facility director disclose to the peace officer any information relating to the
diagnosis, treatment or evaluation of the person's mental or physical health.
For the purposes of this subsection (c), the terms "mental health or
developmental disability facility", "peace officer" and "facility director"
shall have the meanings ascribed to them in the Mental Health and
Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting authority who is
conducting a bona fide investigation of a criminal offense, or attempting to
apprehend a fugitive from justice,
a facility director may disclose whether a person is present at the facility.
Upon request of a peace officer or prosecuting authority who has a valid
forcible felony warrant issued, a facility director shall disclose: (1) whether
the person who is the subject of the warrant is present at the facility and (2)
date of that person's discharge or future discharge from the facility.
The requesting peace officer or prosecuting authority must furnish a case
number and the purpose of the investigation or an outstanding arrest warrant at
the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in accordance with
this subsection (d) is immune from any liability, civil, criminal or
otherwise, that might result by reason of the action.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)