Illinois General Assembly - Full Text of HB0454
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Full Text of HB0454  102nd General Assembly

HB0454 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0454

 

Introduced 2/8/2021, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
745 ILCS 10/6-106  from Ch. 85, par. 6-106

    Amends the Local Government and Governmental Employees Tort Immunity Act. Deletes language providing that neither a local public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental or physical illness or addiction or from failing to prescribe for mental or physical illness or addiction.


LRB102 10652 LNS 15981 b

 

 

A BILL FOR

 

HB0454LRB102 10652 LNS 15981 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Governmental and Governmental
5Employees Tort Immunity Act is amended by changing Section
66-106 as follows:
 
7    (745 ILCS 10/6-106)  (from Ch. 85, par. 6-106)
8    Sec. 6-106. Immunity related to incidents involving mental
9or physical illness or addiction.
10    (a) (Blank). Neither a local public entity nor a public
11employee acting within the scope of his employment is liable
12for injury resulting from diagnosing or failing to diagnose
13that a person is afflicted with mental or physical illness or
14addiction or from failing to prescribe for mental or physical
15illness or addiction.
16    (b) Neither a local public entity nor a public employee
17acting within the scope of his or her employment is liable for
18administering with due care the treatment prescribed for
19mental or physical illness or addiction.
20    (c) Nothing in this Section section exonerates a public
21employee who has undertaken to prescribe for mental or
22physical illness or addiction from liability for injury
23proximately caused by his or her negligence or by his or her

 

 

HB0454- 2 -LRB102 10652 LNS 15981 b

1wrongful act in so prescribing or exonerates a local public
2entity whose employee, while acting in the scope of his or her
3employment, so causes such an injury.
4    (d) Nothing in this Section section exonerates a public
5employee from liability for injury proximately caused by his
6or her negligent or wrongful act or omission in administering
7any treatment prescribed for mental or physical illness or
8addiction or exonerates a local public entity whose employee,
9while acting in the scope of his or her employment, so causes
10such an injury.
11(Source: Laws 1965, p. 2983.)