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|[ Introduced ]||[ Engrossed ]||[ Enrolled ]|
|[ Senate Amendment 001 ]|
92_SB2022sam002 LRB9215724RCpkam 1 AMENDMENT TO SENATE BILL 2022 2 AMENDMENT NO. . Amend Senate Bill 2022, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Mental Health and Developmental 6 Disabilities Confidentiality Act is amended by changing 7 Section 12 as follows: 8 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812) 9 Sec. 12. (a) If the United States Secret Service or the 10 Department of State Police requests information from a mental 11 health or developmental disability facility, as defined in 12 Section 1-107 and 1-114 of the Mental Health and 13 Developmental Disabilities Code, relating to a specific 14 recipient and the facility director determines that 15 disclosure of such information may be necessary to protect 16 the life of, or to prevent the infliction of great bodily 17 harm to, a public official, or a person under the protection 18 of the United States Secret Service, only the following 19 information may be disclosed: the recipient's name, address, 20 and age and the date of any admission to or discharge from a 21 facility; and any information which would indicate whether or 22 not the recipient has a history of violence or presents a -2- LRB9215724RCpkam 1 danger of violence to the person under protection. Any 2 information so disclosed shall be used for investigative 3 purposes only and shall not be publicly disseminated. Any 4 person participating in good faith in the disclosure of such 5 information in accordance with this provision shall have 6 immunity from any liability, civil, criminal or otherwise, if 7 such information is disclosed relying upon the representation 8 of an officer of the United States Secret Service or the 9 Department of State Police that a person is under the 10 protection of the United States Secret Service or is a public 11 official. 12 For the purpose of this subsection (a), the term "public 13 official" means the Governor, Lieutenant Governor, Attorney 14 General, Secretary of State, State Comptroller, State 15 Treasurer or member of the General Assembly. The term shall 16 also include the spouse, child or children of a public 17 official. 18 (b) The Department of Human Services (acting as 19 successor to the Department of Mental Health and 20 Developmental Disabilities) and all private hospitals are 21 required, as hereafter described in this subsection, to 22 furnish the Department of State Police only such information 23 as may be required for the sole purpose of determining 24 whether an individual who may be or may have been a patient 25 is disqualified because of that status from receiving or 26 retaining a Firearm Owner's Identification Card under 27 subsection (e) of Section 8 of the Firearm Owners 28 Identification Card Act. All private hospitals shall, in the 29 form and manner required by the Department, provide such 30 information as shall be necessary for the Department to 31 comply with the reporting requirements to the Department of 32 State Police. Such information shall be furnished within 30 33 days after admission to a private hospital. Any such 34 information disclosed under this subsection shall remain -3- LRB9215724RCpkam 1 privileged and confidential, and shall not be redisclosed nor 2 utilized for any other purpose. The method of requiring the 3 providing of such information shall guarantee that no 4 information is released beyond what is necessary for this 5 purpose. In addition, the information disclosed shall be 6 provided by the Department within the time period established 7 by Section 24-3 of the Criminal Code of 1961 regarding the 8 delivery of firearms. The method used shall be sufficient to 9 provide the necessary information within the prescribed time 10 period, which may include periodically providing lists to the 11 Department of Human Services or any private hospital of 12 Firearm Owner's Identification Card applicants on which the 13 Department or hospital shall indicate the identities of those 14 individuals who are to its knowledge disqualified from having 15 a Firearm Owner's Identification Card for reasons described 16 herein. The Department may provide for a centralized source 17 of information for the State on this subject under its 18 jurisdiction. 19 Any person, institution, or agency, under this Act, 20 participating in good faith in the reporting or disclosure of 21 records and communications otherwise in accordance with this 22 provision or with rules, regulations or guidelines issued by 23 the Department shall have immunity from any liability, civil, 24 criminal or otherwise, that might result by reason of the 25 action. For the purpose of any proceeding, civil or 26 criminal, arising out of a report or disclosure in accordance 27 with this provision, the good faith of any person, 28 institution, or agency so reporting or disclosing shall be 29 presumed. The full extent of the immunity provided in this 30 subsection (b) shall apply to any person, institution or 31 agency that fails to make a report or disclosure in the good 32 faith belief that the report or disclosure would violate 33 federal regulations governing the confidentiality of alcohol 34 and drug abuse patient records implementing 42 U.S.C. 290dd-3 -4- LRB9215724RCpkam 1 and 290ee-3. 2 For purposes of this subsection (b) only, the following 3 terms shall have the meaning prescribed: 4 (1) "Hospital" means only that type of institution 5 which is providing full-time residential facilities and 6 treatment for in-patients and excludes institutions, such 7 as community clinics, which only provide treatment to 8 out-patients. 9 (2) "Patient" shall mean only a person who is an 10 in-patient or resident of any hospital, not an 11 out-patient or client seen solely for periodic 12 consultation. 13 (c) Upon the request of a peace officer who takes a 14 person into custody and transports such person to a mental 15 health or developmental disability facility pursuant to 16 Section 3-606 or 4-404 of the Mental Health and Developmental 17 Disabilities Code or who transports a person from such 18 facility, a facility director shall furnish said peace 19 officer the name, address, age and name of the nearest 20 relative of the person transported to or from the mental 21 health or developmental disability facility. In no case 22 shall the facility director disclose to the peace officer any 23 information relating to the diagnosis, treatment or 24 evaluation of the person's mental or physical health. 25 For the purposes of this subsection (c), the terms 26 "mental health or developmental disability facility", "peace 27 officer" and "facility director" shall have the meanings 28 ascribed to them in the Mental Health and Developmental 29 Disabilities Code. 30 (d) Upon the request of a peace officer or prosecuting 31 authority who is conducting a bona fide investigation of a 32 criminal offense, or attempting to apprehend a fugitive from 33 justice, a facility director may disclose whether a person is 34 present at the facility. Upon request of a peace officer or -5- LRB9215724RCpkam 1 prosecuting authority who has a valid forcible felony warrant 2 issued, a facility director shall disclose: (1) whether the 3 person who is the subject of the warrant is present at the 4 facility and (2) the date of that person's discharge or 5 future discharge from the facility. The requesting peace 6 officer or prosecuting authority must furnish a case number 7 and the purpose of the investigation or an outstanding arrest 8 warrant at the time of the request. Any person, institution, 9 or agency participating in good faith in disclosing such 10 information in accordance with this subsection (d) is immune 11 from any liability, civil, criminal or otherwise, that might 12 result by reason of the action. 13 (Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.".
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