Illinois General Assembly - Bill Status for HB5152
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 Bill Status of HB5152  102nd General Assembly


Short Description:  BRIAN'S LAW

House Sponsors
Rep. Elaine Nekritz - Elizabeth Coulson - Sidney H. Mathias - Patricia R. Bellock - Sandy Cole, Carol A. Sente, Keith Farnham and Naomi D. Jakobsson

Senate Sponsors
(Sen. Heather Steans - Mattie Hunter - Jacqueline Y. Collins and William Delgado)

Last Action
DateChamber Action
  7/23/2010HousePublic Act . . . . . . . . . 96-1235

Statutes Amended In Order of Appearance
New Act
210 ILCS 30/3from Ch. 111 1/2, par. 4163


Synopsis As Introduced
Creates the Developmental Disability Institutional Safety Act ("Brian's Law"). Requires the Illinois Department of Human Services and the Illinois Department of Public Health to develop teams of monitors to ensure the safety and well-being of individuals residing at State-operated developmental disability institutions. Authorizes these teams to conduct site visits at these institutions and to report on their observations. Requires the Departments to develop and implement action plans to respond to these reports. Requires the Departments to develop a team of experts to investigate and report on the deaths of individuals who are under the care of these institutions. Requires the Departments to develop plans of prevention within 90 days after the completion of an investigation into the death of an individual at one of these institutions. Requires the Department of Human Service to provide certain information to individuals with developmental disabilities and their families. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Provides that neglect includes the failure to follow medical and personal care protocols, such as dietary restrictions, regardless of whether that failure causes injury, and that abuse includes inadequate medical care that, regardless of the final cause of death, compromises an individual's health or leads to serious medical consequences followed by the individuals' death.

House Committee Amendment No. 1
Deletes reference to:
210 ILCS 30/3
Adds reference to:
5 ILCS 120/2from Ch. 102, par. 42
5 ILCS 140/7.5
405 ILCS 5/5-100A rep.

Deletes everything after the enacting clause. Creates Brian's Law. Charges the Department of Human Services with developing an independent team of experts to examine all deaths at State-operated developmental disability and mental health facilities licensed by or under the jurisdiction of the Department. Specifies categories of persons that may be appointed to the review team. Specifies the purpose and duties of the review team. Requires the Secretary of Human Services to respond to the review team and to provide it with certain information. Requires the Department to make certain reports. Amends the Open Meetings Act. Authorizes closed meetings of an independent team of experts under Brian's Law. Amends the Freedom of Information Act. Exempts from disclosure records and information provided to an independent team of experts under Brian's Law. Amends the Mental Health and Developmental Disabilities Code. Repeals a provision concerning the Mental Health and Developmental Disabilities Review Board.

House Floor Amendment No. 2
Adds reference to:
5 ILCS 350/1from Ch. 127, par. 1301
740 ILCS 110/7from Ch. 91 1/2, par. 807

Deletes everything after the enacting clause. Reinserts the provisions of House Committee Amendment No. 1, with the following changes: (1) changes the short title, (2) defines "community agency" and "facility", (3) changes the categories of persons who may serve on the independent review team, (4) requires the Secretary of Human Services to establish protocols governing the operation of the independent review team, (5) amends the State Employee Indemnification Act to provide that the term "employee" includes individuals who serve on an independent review team, and (6) amends the Mental Health and Developmental Disabilities Confidentiality Act to provide that the independent review team (rather than the Mental Health and Developmental Disabilities Review Board) may inspect and copy certain patient records. Makes other changes.

Actions 
DateChamber Action
  1/28/2010HouseFiled with the Clerk by Rep. Elaine Nekritz
  1/29/2010HouseFirst Reading
  1/29/2010HouseReferred to Rules Committee
  2/9/2010HouseAssigned to Disability Services Committee
  2/17/2010HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  3/10/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Disability Services Committee
  3/10/2010HouseHouse Committee Amendment No. 1 Adopted in Disability Services Committee; by Voice Vote
  3/10/2010HouseDo Pass as Amended / Short Debate Disability Services Committee; 007-000-000
  3/10/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/11/2010HouseAdded Co-Sponsor Rep. Carol A. Sente
  3/11/2010HouseAdded Co-Sponsor Rep. Keith Farnham
  3/19/2010HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  3/19/2010HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/19/2010HouseChief Co-Sponsor Changed to Rep. Patricia R. Bellock
  3/19/2010HouseAdded Chief Co-Sponsor Rep. Sandy Cole
  3/22/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
  3/22/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/24/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/24/2010HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/24/2010HouseSecond Reading - Short Debate
  3/24/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/24/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/25/2010HouseThird Reading - Short Debate - Passed 113-000-001
  4/6/2010SenateArrive in Senate
  4/6/2010SenatePlaced on Calendar Order of First Reading
  4/6/2010SenateChief Senate Sponsor Sen. Heather Steans
  4/6/2010SenateFirst Reading
  4/6/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Human Services
  4/14/2010SenatePostponed - Human Services
  4/14/2010SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  4/20/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  4/20/2010SenateDo Pass Human Services; 009-000-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/21/2010SenateSecond Reading
  4/21/2010SenatePlaced on Calendar Order of 3rd Reading April 22, 2010
  4/27/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/27/2010SenateThird Reading - Passed; 054-001-000
  4/27/2010HousePassed Both Houses
  5/26/2010HouseSent to the Governor
  7/23/2010HouseGovernor Approved
  7/23/2010HouseEffective Date January 1, 2011
  7/23/2010HousePublic Act . . . . . . . . . 96-1235

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