Illinois General Assembly - Full Text of HB1155
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Full Text of HB1155  98th General Assembly


Rep. Elgie R. Sims, Jr.

Filed: 2/25/2013





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2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
3inserting the following in its proper numeric sequence:
4    "Section 25. Handgun carry; psychological fitness
6    (a) An applicant for a handgun carry license must submit to
7a psychological fitness evaluation by a licensed psychiatrist
8or licensed clinical psychologist as those terms are defined in
9the Mental Health and Developmental Disabilities Code. To be
10eligible for a license, the evaluation shall include a
11certification by the psychiatrist or clinical psychologist
12that 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
9clinical psychologist with written consent for the
10psychiatrist or clinical psychologist to provide the
11Department of State Police with the psychiatrist's or clinical
12psychologist's determination indicating only whether the
13person is eligible or ineligible to carry a handgun. The
14information provided to the Department of State Police by a
15psychiatrist or clinical psychologist under this subsection
16shall be maintained as confidential information and may only be
17disclosed and used for the purposes of this Section.
18    (c) The Department of State Police shall deny a handgun
19carry license to any person for which the Department receives a
20determination under subsections (a) and (b) of this Section
21that the person is ineligible to carry a handgun, in the manner
22provided in this Act.
23    (d) The Department of State Police shall adopt rules
24necessary to implement the provisions of this Section.
25    Section 350. The Mental Health and Developmental



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1Disabilities Confidentiality Act is amended by changing
2Section 11 as follows:
3    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
4    Sec. 11. Disclosure of records and communications. Records
5and 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,
7participating in good faith in the making of a report under the
8Abused and Neglected Child Reporting Act or in the disclosure
9of records and communications under this Section, shall have
10immunity from any liability, civil, criminal or otherwise, that
11might result by reason of such action. For the purpose of any
12proceeding, civil or criminal, arising out of a report or
13disclosure under this Section, the good faith of any person,
14institution, or agency so reporting or disclosing shall be
16(Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11;
1797-375, eff. 8-15-11.)".