Full Text of HB1155 98th General Assembly
HB1155ham021 98TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 2/25/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1155
| 2 | | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 25. Handgun carry; psychological fitness | 5 | | evaluation.
| 6 | | (a) An applicant for a handgun carry license must submit to | 7 | | a psychological fitness evaluation by a licensed psychiatrist | 8 | | or licensed clinical psychologist as those terms are defined in | 9 | | the Mental Health and Developmental Disabilities Code. To be | 10 | | eligible for a license, the evaluation shall include a | 11 | | certification by the psychiatrist or clinical psychologist | 12 | | that the applicant: | 13 | | (1) is not a danger to himself, to herself, or to | 14 | | others; | 15 | | (2) does not lack the mental capacity to manage his or | 16 | | her
own affairs; | 17 | | (3) is able to provide for his or her basic physical |
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| 1 | | needs so as to guard himself or herself from serious harm | 2 | | without the assistance of family or others; and | 3 | | (4) does not have a state of mind manifested by | 4 | | violent, suicidal, threatening, or assaultive behavior | 5 | | that poses a clear and present danger to himself, herself, | 6 | | or to others at the time of the evaluation or in the | 7 | | future. | 8 | | (b) The applicant shall provide the psychiatrist or | 9 | | clinical psychologist with written consent for the | 10 | | psychiatrist or clinical psychologist to provide the | 11 | | Department of State Police with the psychiatrist's or clinical | 12 | | psychologist's determination indicating only whether the | 13 | | person is eligible or ineligible to carry a handgun. The | 14 | | information provided to the Department of State Police by a | 15 | | psychiatrist or clinical psychologist under this subsection | 16 | | shall be maintained as confidential information and may only be | 17 | | disclosed and used for the purposes of this Section. | 18 | | (c) The Department of State Police shall deny a handgun | 19 | | carry license to any person for which the Department receives a | 20 | | determination under subsections (a) and (b) of this Section | 21 | | that the person is ineligible to carry a handgun, in the manner | 22 | | provided in this Act. | 23 | | (d) The Department of State Police shall adopt rules | 24 | | necessary to implement the provisions of this Section. | 25 | | Section 350. The Mental Health and Developmental |
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| 1 | | Disabilities Confidentiality Act is amended by changing | 2 | | Section 11 as follows:
| 3 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 4 | | Sec. 11. Disclosure of records and communications. Records | 5 | | and
communications may be disclosed:
| 6 | | (i) in accordance with the provisions of the
Abused and | 7 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 8 | | of the Children and Family Services Act, or Section 7.4 of | 9 | | the Child Care Act of 1969;
| 10 | | (ii) when, and to the extent, a
therapist, in his or | 11 | | her sole discretion, determines that disclosure is
| 12 | | necessary to initiate or continue civil commitment or | 13 | | involuntary treatment proceedings under the laws
of this | 14 | | State or to otherwise protect the recipient or other person | 15 | | against a
clear, imminent risk of serious physical or | 16 | | mental injury or disease or death
being inflicted upon the | 17 | | recipient or by the recipient on himself or another;
| 18 | | (iii) when, and to the extent disclosure is, in the | 19 | | sole discretion of the
therapist, necessary to the | 20 | | provision of emergency medical care to a recipient
who is | 21 | | unable to assert or waive his or her rights hereunder;
| 22 | | (iv) when
disclosure is necessary to collect sums or | 23 | | receive third
party payment representing charges for | 24 | | mental health or developmental
disabilities services | 25 | | provided by a therapist or agency to a recipient
under |
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| 1 | | Chapter V of the Mental Health and Developmental | 2 | | Disabilities Code or to
transfer debts under the | 3 | | Uncollected State Claims Act; however, disclosure
shall be | 4 | | limited to information needed to pursue collection, and the
| 5 | | information so disclosed shall not be used for any other | 6 | | purposes nor shall it
be redisclosed except in connection | 7 | | with collection activities;
| 8 | | (v) when
requested by a family member, the Department | 9 | | of Human Services may assist in
the location of the | 10 | | interment site of a deceased recipient who is interred in a
| 11 | | cemetery established under Section 26 of the Mental Health | 12 | | and
Developmental Disabilities Administrative Act;
| 13 | | (vi) in judicial proceedings
under Article VIII of | 14 | | Chapter III and Article V of Chapter IV of the Mental
| 15 | | Health and Developmental Disabilities Code and proceedings | 16 | | and investigations
preliminary thereto, to the State's | 17 | | Attorney for the county or residence of a
person who is the | 18 | | subject of such proceedings, or in which the person is | 19 | | found,
or in which the facility is located, to the attorney | 20 | | representing the petitioner in the judicial proceedings, | 21 | | to the attorney representing the recipient
in the judicial | 22 | | proceedings, to any person or agency providing mental | 23 | | health
services that are the subject of the proceedings and | 24 | | to that person's or
agency's attorney, to any court | 25 | | personnel, including but not limited to judges
and circuit | 26 | | court clerks, and to a guardian ad litem if one has been |
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| 1 | | appointed
by the court. Information disclosed under this | 2 | | subsection shall not be utilized
for any other purpose nor | 3 | | be redisclosed except in connection with the
proceedings or | 4 | | investigations. Copies of any records provided to counsel | 5 | | for a petitioner shall be deleted or destroyed at the end | 6 | | of the proceedings and counsel for petitioner shall certify | 7 | | to the court in writing that he or she has done so. At the | 8 | | request of a recipient or his or her counsel, the court | 9 | | shall issue a protective order insuring the | 10 | | confidentiality of any records or communications provided | 11 | | to counsel for a petitioner;
| 12 | | (vii) when, and to the extent disclosure is
necessary | 13 | | to comply with the requirements of the Census Bureau in | 14 | | taking the
federal Decennial Census;
| 15 | | (viii) when, and to the extent, in the
therapist's sole | 16 | | discretion, disclosure is necessary to warn or protect a
| 17 | | specific individual against whom a recipient has made a | 18 | | specific threat of
violence where there exists a | 19 | | therapist-recipient relationship or a special
| 20 | | recipient-individual relationship;
| 21 | | (ix) in accordance with the Sex Offender
Registration | 22 | | Act;
| 23 | | (x) in accordance with the Rights of Crime Victims and
| 24 | | Witnesses Act; | 25 | | (xi) in accordance with Section 6 of the Abused and | 26 | | Neglected Long Term Care Facility Residents Reporting Act; |
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| 1 | | and | 2 | | (xii) in accordance with Section 55 of the Abuse of | 3 | | Adults with Disabilities Intervention Act ; and | 4 | | (xiii) in accordance with Section 25 of the Family and | 5 | | Personal Protection Act .
| 6 | | Any person, institution, or agency, under
this Act, | 7 | | participating in good faith in the making of a report under the
| 8 | | Abused and Neglected Child Reporting Act or in the disclosure | 9 | | of records and
communications under this Section, shall have | 10 | | immunity from any liability,
civil, criminal or otherwise, that | 11 | | might result by reason of such action. For
the purpose of any | 12 | | proceeding, civil or criminal, arising out of a report or
| 13 | | disclosure under this Section, the good faith of any person, | 14 | | institution, or
agency so reporting or disclosing shall be | 15 | | presumed.
| 16 | | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; | 17 | | 97-375, eff. 8-15-11.)".
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