Rep. Kelly M. Cassidy

Filed: 3/12/2013

 

 


 

 


 
09800HB1155ham044LRB098 08475 MRW 42948 a

1
AMENDMENT TO HOUSE BILL 1155

2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
3inserting the following in its proper numeric sequence:
 
4    "Section 835. The Nursing Home Care Act is amended by
5changing Section 3-119 as follows:
 
6    (210 ILCS 45/3-119)  (from Ch. 111 1/2, par. 4153-119)
7    Sec. 3-119. (a) The Department, after notice to the
8applicant or licensee, may suspend, revoke or refuse to renew a
9license in any case in which the Department finds any of the
10following:
11        (1) There has been a substantial failure to comply with
12    this Act or the rules and regulations promulgated by the
13    Department under this Act. A substantial failure by a
14    facility shall include, but not be limited to, any of the
15    following:
16            (A) termination of Medicare or Medicaid

 

 

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1        certification by the Centers for Medicare and Medicaid
2        Services; or
3            (B) a failure by the facility to pay any fine
4        assessed under this Act after the Department has sent
5        to the facility at least 2 notices of assessment that
6        include a schedule of payments as determined by the
7        Department, taking into account extenuating
8        circumstances and financial hardships of the facility.
9        (2) Conviction of the licensee, or of the person
10    designated to manage or supervise the facility, of a
11    felony, or of 2 or more misdemeanors involving moral
12    turpitude, during the previous 5 years as shown by a
13    certified copy of the record of the court of conviction.
14        (3) Personnel is insufficient in number or unqualified
15    by training or experience to properly care for the number
16    and type of residents served by the facility.
17        (4) Financial or other resources are insufficient to
18    conduct and operate the facility in accordance with
19    standards promulgated by the Department under this Act.
20        (5) The facility is not under the direct supervision of
21    a full-time administrator, as defined by regulation, who is
22    licensed, if required, under the Nursing Home
23    Administrators Licensing and Disciplinary Act.
24        (6) The facility has committed 2 Type "AA" violations
25    within a 2-year period.
26        (7) There has been a substantial failure to comply with

 

 

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1    the provisions of subsection (b) of Section 12 of the
2    Mental Health and Developmental Disabilities
3    Confidentiality Act.
4    (b) Notice under this Section shall include a clear and
5concise statement of the violations on which the nonrenewal or
6revocation is based, the statute or rule violated and notice of
7the opportunity for a hearing under Section 3-703.
8    (c) If a facility desires to contest the nonrenewal or
9revocation of a license, the facility shall, within 10 days
10after receipt of notice under subsection (b) of this Section,
11notify the Department in writing of its request for a hearing
12under Section 3-703. Upon receipt of the request the Department
13shall send notice to the facility and hold a hearing as
14provided under Section 3-703.
15    (d) The effective date of nonrenewal or revocation of a
16license by the Department shall be any of the following:
17        (1) Until otherwise ordered by the circuit court,
18    revocation is effective on the date set by the Department
19    in the notice of revocation, or upon final action after
20    hearing under Section 3-703, whichever is later.
21        (2) Until otherwise ordered by the circuit court,
22    nonrenewal is effective on the date of expiration of any
23    existing license, or upon final action after hearing under
24    Section 3-703, whichever is later; however, a license shall
25    not be deemed to have expired if the Department fails to
26    timely respond to a timely request for renewal under this

 

 

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1    Act or for a hearing to contest nonrenewal under paragraph
2    (c).
3        (3) The Department may extend the effective date of
4    license revocation or expiration in any case in order to
5    permit orderly removal and relocation of residents.
6    (e) The Department may impose fines on hospitals, not to
7exceed $500 per occurrence, for failing to report the admission
8of a person for mental health treatment when the admission
9would disqualify the person from receiving or retaining a
10Firearm Owner's Identification Card under subsection (e) of
11Section 8 of the Firearm Owners Identification Card Act.
12    The Department may refuse to issue or may suspend the
13license of any person who fails to file a return, or to pay the
14tax, penalty or interest shown in a filed return, or to pay any
15final assessment of tax, penalty or interest, as required by
16any tax Act administered by the Illinois Department of Revenue,
17until such time as the requirements of any such tax Act are
18satisfied.
19(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
 
20    Section 836. The Hospital Licensing Act is amended by
21changing Section 7 as follows:
 
22    (210 ILCS 85/7)  (from Ch. 111 1/2, par. 148)
23    Sec. 7. (a) The Director after notice and opportunity for
24hearing to the applicant or licensee may deny, suspend, or

 

 

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1revoke a permit to establish a hospital or deny, suspend, or
2revoke a license to open, conduct, operate, and maintain a
3hospital in any case in which he finds that there has been a
4substantial failure to comply with the provisions of this Act,
5the Hospital Report Card Act, or the Illinois Adverse Health
6Care Events Reporting Law of 2005, or subsection (b) of Section
712 of the Mental Health and Developmental Disabilities
8Confidentiality Act, or the standards, rules, and regulations
9established by virtue of any of those Acts. The Department may
10impose fines on hospitals, not to exceed $500 per occurrence,
11for failing to (1) initiate a criminal background check on a
12patient that meets the criteria for hospital-initiated
13background checks, or (2) report the death of a person known to
14be a resident of a facility licensed under the MR/DD Community
15Care Act to the coroner or medical examiner within 24 hours as
16required by Section 6.09a of this Act, or (3) report the
17admission of a person for mental health treatment when the
18admission would disqualify the person from receiving or
19retaining a Firearm Owner's Identification Card under
20subsection (e) of Section 8 of the Firearm Owners
21Identification Card Act. In assessing whether to impose such a
22fine for failure to initiate a criminal background check, the
23Department shall consider various factors including, but not
24limited to, whether the hospital has engaged in a pattern or
25practice of failing to initiate criminal background checks.
26Money from fines shall be deposited into the Long Term Care

 

 

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1Provider Fund.
2    (b) Such notice shall be effected by registered mail or by
3personal service setting forth the particular reasons for the
4proposed action and fixing a date, not less than 15 days from
5the date of such mailing or service, at which time the
6applicant or licensee shall be given an opportunity for a
7hearing. Such hearing shall be conducted by the Director or by
8an employee of the Department designated in writing by the
9Director as Hearing Officer to conduct the hearing. On the
10basis of any such hearing, or upon default of the applicant or
11licensee, the Director shall make a determination specifying
12his findings and conclusions. In case of a denial to an
13applicant of a permit to establish a hospital, such
14determination shall specify the subsection of Section 6 under
15which the permit was denied and shall contain findings of fact
16forming the basis of such denial. A copy of such determination
17shall be sent by registered mail or served personally upon the
18applicant or licensee. The decision denying, suspending, or
19revoking a permit or a license shall become final 35 days after
20it is so mailed or served, unless the applicant or licensee,
21within such 35 day period, petitions for review pursuant to
22Section 13.
23    (c) The procedure governing hearings authorized by this
24Section shall be in accordance with rules promulgated by the
25Department and approved by the Hospital Licensing Board. A full
26and complete record shall be kept of all proceedings, including

 

 

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1the notice of hearing, complaint, and all other documents in
2the nature of pleadings, written motions filed in the
3proceedings, and the report and orders of the Director and
4Hearing Officer. All testimony shall be reported but need not
5be transcribed unless the decision is appealed pursuant to
6Section 13. A copy or copies of the transcript may be obtained
7by any interested party on payment of the cost of preparing
8such copy or copies.
9    (d) The Director or Hearing Officer shall upon his own
10motion, or on the written request of any party to the
11proceeding, issue subpoenas requiring the attendance and the
12giving of testimony by witnesses, and subpoenas duces tecum
13requiring the production of books, papers, records, or
14memoranda. All subpoenas and subpoenas duces tecum issued under
15the terms of this Act may be served by any person of full age.
16The fees of witnesses for attendance and travel shall be the
17same as the fees of witnesses before the Circuit Court of this
18State, such fees to be paid when the witness is excused from
19further attendance. When the witness is subpoenaed at the
20instance of the Director, or Hearing Officer, such fees shall
21be paid in the same manner as other expenses of the Department,
22and when the witness is subpoenaed at the instance of any other
23party to any such proceeding the Department may require that
24the cost of service of the subpoena or subpoena duces tecum and
25the fee of the witness be borne by the party at whose instance
26the witness is summoned. In such case, the Department in its

 

 

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1discretion, may require a deposit to cover the cost of such
2service and witness fees. A subpoena or subpoena duces tecum
3issued as aforesaid shall be served in the same manner as a
4subpoena issued out of a court.
5    (e) Any Circuit Court of this State upon the application of
6the Director, or upon the application of any other party to the
7proceeding, may, in its discretion, compel the attendance of
8witnesses, the production of books, papers, records, or
9memoranda and the giving of testimony before the Director or
10Hearing Officer conducting an investigation or holding a
11hearing authorized by this Act, by an attachment for contempt,
12or otherwise, in the same manner as production of evidence may
13be compelled before the court.
14    (f) The Director or Hearing Officer, or any party in an
15investigation or hearing before the Department, may cause the
16depositions of witnesses within the State to be taken in the
17manner prescribed by law for like depositions in civil actions
18in courts of this State, and to that end compel the attendance
19of witnesses and the production of books, papers, records, or
20memoranda.
21(Source: P.A. 96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
 
22    Section 837. The Firearm Owners Identification Card Act is
23amended by changing Sections 8, 8.1, 8.2, and 9 as follows:
 
24    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)

 

 

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1    (Text of Section before amendment by P.A. 97-1167)
2    Sec. 8. The Department of State Police has authority to
3deny an application for or to revoke and seize a Firearm
4Owner's Identification Card previously issued under this Act
5only if the Department finds that the applicant or the person
6to whom such card was issued is or was at the time of issuance:
7    (a) A person under 21 years of age who has been convicted
8of a misdemeanor other than a traffic offense or adjudged
9delinquent;
10    (b) A person under 21 years of age who does not have the
11written consent of his parent or guardian to acquire and
12possess firearms and firearm ammunition, or whose parent or
13guardian has revoked such written consent, or where such parent
14or guardian does not qualify to have a Firearm Owner's
15Identification Card;
16    (c) A person convicted of a felony under the laws of this
17or any other jurisdiction;
18    (d) A person addicted to narcotics;
19    (e) A person who has been a patient of a mental institution
20within the past 5 years or has been adjudicated as a mental
21defective;
22    (f) A person whose mental condition is of such a nature
23that it poses a clear and present danger to the applicant, any
24other person or persons or the community;
25    For the purposes of this Section, "mental condition" means
26a state of mind determined to be inconsistent with the

 

 

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1possession of weapons as determined by a treating clinical
2psychologist or physician or manifested by threatening
3behavior, for example violent, suicidal, threatening or
4assaultive behavior as determined by a clinician, school
5administrator, or law enforcement official.
6    (g) A person who is intellectually disabled;
7    (h) A person who intentionally makes a false statement in
8the Firearm Owner's Identification Card application;
9    (i) An alien who is unlawfully present in the United States
10under the laws of the United States;
11    (i-5) An alien who has been admitted to the United States
12under a non-immigrant visa (as that term is defined in Section
13101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
141101(a)(26))), except that this subsection (i-5) does not apply
15to any alien who has been lawfully admitted to the United
16States under a non-immigrant visa if that alien is:
17        (1) admitted to the United States for lawful hunting or
18    sporting purposes;
19        (2) an official representative of a foreign government
20    who is:
21            (A) accredited to the United States Government or
22        the Government's mission to an international
23        organization having its headquarters in the United
24        States; or
25            (B) en route to or from another country to which
26        that alien is accredited;

 

 

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1        (3) an official of a foreign government or
2    distinguished foreign visitor who has been so designated by
3    the Department of State;
4        (4) a foreign law enforcement officer of a friendly
5    foreign government entering the United States on official
6    business; or
7        (5) one who has received a waiver from the Attorney
8    General of the United States pursuant to 18 U.S.C.
9    922(y)(3);
10    (j) (Blank);
11    (k) A person who has been convicted within the past 5 years
12of battery, assault, aggravated assault, violation of an order
13of protection, or a substantially similar offense in another
14jurisdiction, in which a firearm was used or possessed;
15    (l) A person who has been convicted of domestic battery,
16aggravated domestic battery, or a substantially similar
17offense in another jurisdiction committed before, on or after
18January 1, 2012 (the effective date of Public Act 97-158). If
19the applicant or person who has been previously issued a
20Firearm Owner's Identification Card under this Act knowingly
21and intelligently waives the right to have an offense described
22in this paragraph (l) tried by a jury, and by guilty plea or
23otherwise, results in a conviction for an offense in which a
24domestic relationship is not a required element of the offense
25but in which a determination of the applicability of 18 U.S.C.
26922(g)(9) is made under Section 112A-11.1 of the Code of

 

 

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1Criminal Procedure of 1963, an entry by the court of a judgment
2of conviction for that offense shall be grounds for denying an
3application for and for revoking and seizing a Firearm Owner's
4Identification Card previously issued to the person under this
5Act;
6    (m) (Blank);
7    (n) A person who is prohibited from acquiring or possessing
8firearms or firearm ammunition by any Illinois State statute or
9by federal law;
10    (o) A minor subject to a petition filed under Section 5-520
11of the Juvenile Court Act of 1987 alleging that the minor is a
12delinquent minor for the commission of an offense that if
13committed by an adult would be a felony;
14    (p) An adult who had been adjudicated a delinquent minor
15under the Juvenile Court Act of 1987 for the commission of an
16offense that if committed by an adult would be a felony; or
17    (q) A person who is not a resident of the State of
18Illinois, except as provided in subsection (a-10) of Section 4.
19(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
20eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
21    (Text of Section after amendment by P.A. 97-1167)
22    Sec. 8. The Department of State Police has authority to
23deny an application for or to revoke and seize a Firearm
24Owner's Identification Card previously issued under this Act
25only if the Department finds that the applicant or the person

 

 

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1to whom such card was issued is or was at the time of issuance:
2    (a) A person under 21 years of age who has been convicted
3of a misdemeanor other than a traffic offense or adjudged
4delinquent;
5    (b) A person under 21 years of age who does not have the
6written consent of his parent or guardian to acquire and
7possess firearms and firearm ammunition, or whose parent or
8guardian has revoked such written consent, or where such parent
9or guardian does not qualify to have a Firearm Owner's
10Identification Card;
11    (c) A person convicted of a felony under the laws of this
12or any other jurisdiction;
13    (d) A person addicted to narcotics;
14    (e) A person who has been a patient of a mental institution
15within the past 5 years. An active law enforcement officer
16employed by a unit of government who is denied, revoked, or has
17his or her Firearm Owner's Identification Card seized under
18this subsection (e) may obtain relief as described in
19subsection (c-5) of Section 10 of this Act if the officer did
20not act in a manner threatening to the officer, another person,
21or the public as determined by the treating clinical
22psychologist or physician, and the officer seeks mental health
23treatment;
24    (f) A person whose mental condition is of such a nature
25that it poses a clear and present danger to the applicant, any
26other person or persons or the community;

 

 

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1    For the purposes of this Section, "mental condition" means
2a state of mind determined to be inconsistent with the
3possession of weapons as determined by a treating clinical
4psychologist or physician or manifested by threatening
5behavior, for example violent, suicidal, threatening or
6assaultive behavior as determined by a clinician, school
7administrator, or law enforcement official.
8    (g) A person who is intellectually disabled;
9    (h) A person who intentionally makes a false statement in
10the Firearm Owner's Identification Card application;
11    (i) An alien who is unlawfully present in the United States
12under the laws of the United States;
13    (i-5) An alien who has been admitted to the United States
14under a non-immigrant visa (as that term is defined in Section
15101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
161101(a)(26))), except that this subsection (i-5) does not apply
17to any alien who has been lawfully admitted to the United
18States under a non-immigrant visa if that alien is:
19        (1) admitted to the United States for lawful hunting or
20    sporting purposes;
21        (2) an official representative of a foreign government
22    who is:
23            (A) accredited to the United States Government or
24        the Government's mission to an international
25        organization having its headquarters in the United
26        States; or

 

 

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1            (B) en route to or from another country to which
2        that alien is accredited;
3        (3) an official of a foreign government or
4    distinguished foreign visitor who has been so designated by
5    the Department of State;
6        (4) a foreign law enforcement officer of a friendly
7    foreign government entering the United States on official
8    business; or
9        (5) one who has received a waiver from the Attorney
10    General of the United States pursuant to 18 U.S.C.
11    922(y)(3);
12    (j) (Blank);
13    (k) A person who has been convicted within the past 5 years
14of battery, assault, aggravated assault, violation of an order
15of protection, or a substantially similar offense in another
16jurisdiction, in which a firearm was used or possessed;
17    (l) A person who has been convicted of domestic battery,
18aggravated domestic battery, or a substantially similar
19offense in another jurisdiction committed before, on or after
20January 1, 2012 (the effective date of Public Act 97-158). If
21the applicant or person who has been previously issued a
22Firearm Owner's Identification Card under this Act knowingly
23and intelligently waives the right to have an offense described
24in this paragraph (l) tried by a jury, and by guilty plea or
25otherwise, results in a conviction for an offense in which a
26domestic relationship is not a required element of the offense

 

 

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1but in which a determination of the applicability of 18 U.S.C.
2922(g)(9) is made under Section 112A-11.1 of the Code of
3Criminal Procedure of 1963, an entry by the court of a judgment
4of conviction for that offense shall be grounds for denying an
5application for and for revoking and seizing a Firearm Owner's
6Identification Card previously issued to the person under this
7Act;
8    (m) (Blank);
9    (n) A person who is prohibited from acquiring or possessing
10firearms or firearm ammunition by any Illinois State statute or
11by federal law;
12    (o) A minor subject to a petition filed under Section 5-520
13of the Juvenile Court Act of 1987 alleging that the minor is a
14delinquent minor for the commission of an offense that if
15committed by an adult would be a felony;
16    (p) An adult who had been adjudicated a delinquent minor
17under the Juvenile Court Act of 1987 for the commission of an
18offense that if committed by an adult would be a felony;
19    (q) A person who is not a resident of the State of
20Illinois, except as provided in subsection (a-10) of Section 4;
21or
22    (r) A person who has been adjudicated as a mental
23defective.
24(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
25eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
2697-1167, eff. 6-1-13.)
 

 

 

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1    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
2    Sec. 8.1. Mental health notifications to Circuit Clerk to
3notify Department of State Police.
4    (a) The Circuit Clerk shall, in the form and manner
5required by the Supreme Court, notify the Department of State
6Police of all final dispositions of cases for which the
7Department has received information reported to it under
8Sections 2.1 and 2.2 of the Criminal Identification Act.
9    (b) Upon adjudication of any individual as a mental
10defective, as defined in Section 1.1 or as provided in
11paragraph (3.5) of subsection (c) of Section 104-26 of the Code
12of Criminal Procedure of 1963, the court shall direct the
13circuit court clerk to immediately notify the Department of
14State Police, Firearm Owner's Identification (FOID)
15department, and shall forward a copy of the court order to the
16Department.
17    (c) The Department of Human Services shall, in the form and
18manner required by the Department of State Police, report all
19information collected under subsection (b) of Section 12 of the
20Mental Health and Developmental Disabilities Confidentiality
21Act for the purpose of determining whether an individual who
22may be or may have been a patient in a mental institution is
23disqualified under State or federal law because of that status
24from (1) receiving or retaining a Firearm Owner's
25Identification Card or (2) purchasing a weapon.

 

 

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1    (d) Any clinical psychologist or physician treating an
2individual whose mental condition is of such a nature that it
3poses a clear and present danger to the individual, any other
4person or persons or the community shall report the identity of
5that person and his or her assessment of that person's mental
6condition to the Department of State Police within 24 hours.
7    (e) Any college or university that finds one of its
8students has a mental condition of such a nature that it poses
9a clear and present danger to the student, any other person or
10persons or the student population shall report the identity of
11that person and his or her assessment of that student's mental
12condition to the Department of State Police within 24 hours.
13    (f) The Department of State Police shall adopt rules to
14implement this Section.
15(Source: P.A. 97-1131, eff. 1-1-13.)
 
16    (430 ILCS 65/8.2)
17    Sec. 8.2. Firearm Owner's Identification Card denial or
18revocation.
19    (a) The Department of State Police shall deny an
20application or shall revoke and seize a Firearm Owner's
21Identification Card previously issued under this Act if the
22Department finds that the applicant or person to whom such card
23was issued is or was at the time of issuance subject to any an
24existing order of protection interim, emergency, or plenary
25issued under the Illinois Domestic Violence Act of 1986 or the

 

 

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1Stalking No Contact Order Act.
2    (b) The Department of State Police shall provide notice of
3all revocations made under subsection (a) of this Section or
4Section 8 of this Act, and the reason therefor to all law
5enforcement agencies with jurisdiction to assist with the
6revocation and seizure of the Firearm Owner's Identification
7Card.
8(Source: P.A. 96-701, eff. 1-1-10.)
 
9    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)
10    Sec. 9. Notice of denial or revocation.
11    (a) Every person whose application for a Firearm Owner's
12Identification Card is denied, and every holder of such a Card
13whose Card is revoked or seized, shall receive a written notice
14from the Department of State Police stating specifically the
15grounds upon which his application has been denied or upon
16which his Identification Card has been revoked.
17    (b) Any person who has received notice from the Department
18of State Police stating his or her card is revoked shall
19immediately return the card to the Department of State Police.
20Failure to return the card is a petty offense with a minimum
21fine of $100. After being served notice, a person who uses his
22or her revoked card to purchase any firearm, firearm
23ammunition, or firearm ammunition feeding device is guilty of a
24Class 4 felony.
25(Source: P.A. 97-1131, eff. 1-1-13.)
 

 

 

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1    Section 838. The Mental Health and Developmental
2Disabilities Confidentiality Act is amended by changing
3Section 12 as follows:
 
4    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
5    Sec. 12. (a) If the United States Secret Service or the
6Department of State Police requests information from a mental
7health or developmental disability facility, as defined in
8Section 1-107 and 1-114 of the Mental Health and Developmental
9Disabilities Code, relating to a specific recipient and the
10facility director determines that disclosure of such
11information may be necessary to protect the life of, or to
12prevent the infliction of great bodily harm to, a public
13official, or a person under the protection of the United States
14Secret Service, only the following information may be
15disclosed: the recipient's name, address, and age and the date
16of any admission to or discharge from a facility; and any
17information which would indicate whether or not the recipient
18has a history of violence or presents a danger of violence to
19the person under protection. Any information so disclosed shall
20be used for investigative purposes only and shall not be
21publicly disseminated. Any person participating in good faith
22in the disclosure of such information in accordance with this
23provision shall have immunity from any liability, civil,
24criminal or otherwise, if such information is disclosed relying

 

 

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1upon the representation of an officer of the United States
2Secret Service or the Department of State Police that a person
3is under the protection of the United States Secret Service or
4is a public official.
5    For the purpose of this subsection (a), the term "public
6official" means the Governor, Lieutenant Governor, Attorney
7General, Secretary of State, State Comptroller, State
8Treasurer, member of the General Assembly, member of the United
9States Congress, Judge of the United States as defined in 28
10U.S.C. 451, Justice of the United States as defined in 28
11U.S.C. 451, United States Magistrate Judge as defined in 28
12U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
13Supreme, Appellate, Circuit, or Associate Judge of the State of
14Illinois. The term shall also include the spouse, child or
15children of a public official.
16    (b) All The Department of Human Services (acting as
17successor to the Department of Mental Health and Developmental
18Disabilities) and all public or private hospitals, nursing
19homes or long term care facilities, colleges or universities
20providing mental health services to its student population, and
21mental health facilities are required, as hereafter described
22in this subsection, to furnish the Department of Human Services
23(acting as successor to the Department of Mental Health and
24Developmental Disabilities) State Police only such information
25as defined by the Department of State Police that is may be
26required for the sole purpose of determining whether an

 

 

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1individual who may be or may have been a patient is
2disqualified under State or federal law because of that status
3from (1) receiving or retaining a Firearm Owner's
4Identification Card or (2) purchasing a weapon, and submitting
5identifying information regarding the disqualified individual
6to the National Instant Criminal Background Check System Index
7program under subsection (e) or (f) of Section 8 of the Firearm
8Owners Identification Card Act or 18 U.S.C. 922(g) and (n). All
9public or private hospitals, nursing homes or long term care
10facilities, and mental health facilities shall, in the form and
11manner required by the Department, provide such information as
12shall be necessary for the Department to comply with the
13reporting requirements to the Department of State Police in the
14manner required by the Department of State Police. Such
15information shall be furnished within 7 days after admission to
16a public or private hospital, nursing home or long term care
17facility, or mental health facility or the provision of
18services to a patient described in clause (2) of this
19subsection (b). Any such information disclosed under this
20subsection shall remain privileged and confidential, and shall
21only not be used and redisclosed as provided by , except as
22required by clause (e)(2) of Section 3.1 of the Firearm Owners
23Identification Card Act and may not be , nor utilized for any
24other purpose. The method of requiring the providing of such
25information shall guarantee that no information is released
26beyond what is necessary for this purpose. In addition, the

 

 

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1information disclosed shall be provided by the Department
2within the time period established by Section 24-3 of the
3Criminal Code of 2012 regarding the delivery of firearms. The
4method used shall be sufficient to provide the necessary
5information within the prescribed time period, which may
6include periodically providing lists to the Department of Human
7Services or any public or private hospital or mental health
8facility of Firearm Owner's Identification Card applicants on
9which the Department or hospital shall indicate the identities
10of those individuals who are to its knowledge disqualified from
11having a Firearm Owner's Identification Card for reasons
12described herein. The Department may provide for a centralized
13source of information for the State on this subject under its
14jurisdiction.
15    Any person, institution, or agency, under this Act,
16participating in good faith in the reporting or disclosure of
17records and communications otherwise in accordance with this
18provision or with rules, regulations or guidelines issued by
19the Department shall have immunity from any liability, civil,
20criminal or otherwise, that might result by reason of the
21action. For the purpose of any proceeding, civil or criminal,
22arising out of a report or disclosure in accordance with this
23provision, the good faith of any person, institution, or agency
24so reporting or disclosing shall be presumed. The full extent
25of the immunity provided in this subsection (b) shall apply to
26any person, institution or agency that fails to make a report

 

 

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1or disclosure in the good faith belief that the report or
2disclosure would violate federal regulations governing the
3confidentiality of alcohol and drug abuse patient records
4implementing 42 U.S.C. 290dd-3 and 290ee-3.
5    For purposes of this subsection (b) only, the following
6terms shall have the meaning prescribed:
7        (1) "Hospital" means only that type of institution
8    which is providing full-time residential facilities and
9    treatment.
10        (2) "Patient" shall include only: (i) a person who is
11    an in-patient or resident of any public or private hospital
12    or mental health facility or (ii) a person who is an
13    out-patient or provided services by a public or private
14    hospital or mental health facility whose mental condition
15    is of such a nature that it is manifested by violent,
16    suicidal, threatening, or assaultive behavior or reported
17    behavior, for which there is a reasonable belief by a
18    physician, clinical psychologist, or qualified examiner
19    that the condition poses a clear and present or imminent
20    danger to the patient, any other person or the community
21    meaning the patient's condition poses a clear and present
22    danger in accordance with subsection (f) of Section 8 of
23    the Firearm Owners Identification Card Act. The terms
24    physician, clinical psychologist, and qualified examiner
25    are defined in Sections 1-120, 1-103, and 1-122 of the
26    Mental Health and Developmental Disabilities Code.

 

 

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1        (3) "Mental health facility" is defined by Section
2    1-114 of the Mental Health and Developmental Disabilities
3    Code.
4    (c) Upon the request of a peace officer who takes a person
5into custody and transports such person to a mental health or
6developmental disability facility pursuant to Section 3-606 or
74-404 of the Mental Health and Developmental Disabilities Code
8or who transports a person from such facility, a facility
9director shall furnish said peace officer the name, address,
10age and name of the nearest relative of the person transported
11to or from the mental health or developmental disability
12facility. In no case shall the facility director disclose to
13the peace officer any information relating to the diagnosis,
14treatment or evaluation of the person's mental or physical
15health.
16    For the purposes of this subsection (c), the terms "mental
17health or developmental disability facility", "peace officer"
18and "facility director" shall have the meanings ascribed to
19them in the Mental Health and Developmental Disabilities Code.
20    (d) Upon the request of a peace officer or prosecuting
21authority who is conducting a bona fide investigation of a
22criminal offense, or attempting to apprehend a fugitive from
23justice, a facility director may disclose whether a person is
24present at the facility. Upon request of a peace officer or
25prosecuting authority who has a valid forcible felony warrant
26issued, a facility director shall disclose: (1) whether the

 

 

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1person who is the subject of the warrant is present at the
2facility and (2) the date of that person's discharge or future
3discharge from the facility. The requesting peace officer or
4prosecuting authority must furnish a case number and the
5purpose of the investigation or an outstanding arrest warrant
6at the time of the request. Any person, institution, or agency
7participating in good faith in disclosing such information in
8accordance with this subsection (d) is immune from any
9liability, civil, criminal or otherwise, that might result by
10reason of the action.
11(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
 
12    Section 839. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.".