HR1041LRB097 21332 GRL 69434 r

1
HOUSE RESOLUTION

 
2    WHEREAS, Mental illness is a critical underlying concept in
3various areas of our law affecting mitigation of criminal
4responsibility and fundamental rights to property, individual
5liberty, and personal privacy; and
 
6    WHEREAS, For at least 2 generations, mental illness has
7been presumed to be brain disease which is best confronted as a
8treatable medical problem; and
 
9    WHEREAS, Vast amounts of State resources and tax monies,
10not to mention the creative energies and work of our citizens
11and civil servants, are continuously expended in accordance
12with Illinois laws and regulations dependent upon derived
13psychiatric definitions, formulations, and diagnostic criteria
14for mental disorders, in particular upon those definitions,
15formulations, and criteria which are found in the American
16Psychiatric Association's nearly 20-year-old Diagnostic and
17Statistical Manual of Mental Disorders, Fourth Edition
18(DSM-IV); and
 
19    WHEREAS, Some experts in the field of mental health are
20currently in major and substantial disagreement about methods
21and standards of psychiatric diagnosis; and
 

 

 

HR1041- 2 -LRB097 21332 GRL 69434 r

1    WHEREAS, Despite explicit admonitions in DSM-IV against
2the use of psychiatric diagnosis for such legal purposes as
3establishing competence, criminal responsibility or
4disability, Illinois courts and agencies have nonetheless
5habitually relied upon the formulations and criteria in the DSM
6for the precise expertise which the text itself disclaims; and
 
7    WHEREAS, A new edition of the American Psychiatric
8Association's manual, DSM-5, is scheduled for publication in
9May of 2013, but proposed changes for this upcoming DSM are
10provoking intense criticism from a diverse range of mental
11health experts; therefore, be it
 
12    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
13NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
14the Task Force on Mental Health Diagnosis within Illinois Law
15be created to:
16    (1) thoroughly survey the Illinois Compiled Statutes and
17    Administrative Code to identify all instances where our
18    laws and government functions depend upon purported
19    understanding of mental illness or disorder, mental
20    capacity, mental health, behavior or psychology, which may
21    have been recently discredited or found to be incorrect or
22    seriously called into question;
23    (2) forward initial recommendations of urgent legislative
24    actions which may be needed to avoid gross injustice or

 

 

HR1041- 3 -LRB097 21332 GRL 69434 r

1    waste of public resources to the General Assembly as soon
2    as possible; and
3    (3) produce a final report summarizing the task force's
4    findings and detailing recommended statutory or
5    constitutional strategies to recognize best practices and
6    highlight any areas of major disagreement within the
7    profession; and be it further
 
8    RESOLVED, That the task force shall consist of the
9following members: 5 task force members appointed by the
10Speaker of the House, 2 of whom are State representatives (one
11who will serve as co-chairperson), and 3 of whom are
12professionals in the mental health field; 5 task force members
13appointed by the minority leader of the House, 2 of whom are
14State representatives (one who will serve as co-chairperson),
15and 3 of whom are professionals in the mental health field; one
16task force member appointed by the Governor under the Division
17of Mental Health under the Department of Human Services; and
18one task force member appointed by the Attorney General as a
19representative of her office and trained in a related field;
20and be it further
 
21    RESOLVED, That the task force be appointed and hold its
22first meeting by March 1, 2013; and be it further
 
23    RESOLVED, That in appointing members of the task force, the

 

 

HR1041- 4 -LRB097 21332 GRL 69434 r

1Speaker and minority leader shall consider that professional
2experience in diverse mental health-related fields may be a
3positive qualification; and be it further
 
4    RESOLVED, That the task force shall take voluntary
5assistance and testimony from individuals and professional
6organizations and institutions; and be it further
 
7    RESOLVED, That the members of the task force shall serve
8without compensation; and be it further
 
9    RESOLVED, That the task force shall submit its final report
10to the General Assembly, the Governor, and the Attorney General
11no later than December 31, 2013.