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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6573 Introduced , by Rep. David R. Leitch SYNOPSIS AS INTRODUCED:
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| 740 ILCS 110/12 | from Ch. 91 1/2, par. 812 | 405 ILCS 5/6-103.2 rep. | |
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Amends the Mental Health and Developmental Disabilities Code. Repeals the Section providing that if a person 14 years or older is determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner, the physician, clinical psychologist, or qualified examiner shall notify the Department of Health and Human Services within 7 days who then shall notify the Department of State Police, if appropriate, to determine continuing eligibility under the Firearm Owners Identification Card Act. Makes a conforming change in the Mental Health and Developmental Disabilities Confidentiality Act.
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| | A BILL FOR |
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| | HB6573 | | LRB099 21084 SLF 46272 b |
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| 1 | | AN ACT concerning disclosures for firearm possession |
| 2 | | eligibility.
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| 3 | | Be it enacted by the People of the State of Illinois,
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| 4 | | represented in the General Assembly:
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| 5 | | Section 5. The Mental Health and Developmental |
| 6 | | Disabilities Confidentiality Act is amended by changing |
| 7 | | Section 12 as follows:
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| 8 | | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
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| 9 | | Sec. 12. (a) If the United States Secret Service or the |
| 10 | | Department of
State Police requests information from a mental |
| 11 | | health or developmental
disability facility, as defined in |
| 12 | | Section 1-107 and 1-114 of the Mental
Health and Developmental |
| 13 | | Disabilities Code, relating to a specific
recipient and the |
| 14 | | facility director determines that disclosure of such
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| 15 | | information may be necessary to protect the life of, or to |
| 16 | | prevent
the infliction of great bodily harm to, a public |
| 17 | | official,
or a person under the protection of the United
States |
| 18 | | Secret Service, only the following information
may be |
| 19 | | disclosed: the recipient's name, address, and age and the date |
| 20 | | of
any admission to or discharge from a facility; and any |
| 21 | | information which
would indicate whether or not the recipient |
| 22 | | has a history of violence or
presents a danger of violence to |
| 23 | | the person under protection. Any information
so disclosed shall |
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| 1 | | be used for investigative purposes only and shall not
be |
| 2 | | publicly disseminated.
Any person participating in good faith |
| 3 | | in the disclosure of such
information in accordance with this |
| 4 | | provision shall have immunity from any
liability, civil, |
| 5 | | criminal or otherwise, if such information is disclosed
relying |
| 6 | | upon the representation of an officer of the United States |
| 7 | | Secret
Service or the Department of State Police that a person |
| 8 | | is under the
protection of the United States Secret Service or |
| 9 | | is a public official.
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| 10 | | For the purpose of this subsection (a), the term "public |
| 11 | | official" means
the Governor, Lieutenant Governor, Attorney |
| 12 | | General, Secretary of State,
State Comptroller, State |
| 13 | | Treasurer, member of the General Assembly, member of the United |
| 14 | | States Congress, Judge of the United States as defined in 28 |
| 15 | | U.S.C. 451, Justice of the United States as defined in 28 |
| 16 | | U.S.C. 451, United States Magistrate Judge as defined in 28 |
| 17 | | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or |
| 18 | | Supreme, Appellate, Circuit, or Associate Judge of the State of |
| 19 | | Illinois. The
term shall also include the spouse, child or |
| 20 | | children of a public official.
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| 21 | | (b) The Department of Human Services (acting as successor |
| 22 | | to the
Department of Mental Health and Developmental |
| 23 | | Disabilities) and all
public or private hospitals and mental |
| 24 | | health facilities are required, as hereafter described in this |
| 25 | | subsection,
to furnish the Department of State Police only such |
| 26 | | information as may
be required for the sole purpose of |
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| 1 | | determining whether an individual who
may be or may have been a |
| 2 | | patient is disqualified because of that status
from receiving |
| 3 | | or retaining a Firearm Owner's Identification Card or falls |
| 4 | | within the federal prohibitors under subsection (e), (f), (g), |
| 5 | | (r), (s), or (t) of Section 8 of the Firearm Owners |
| 6 | | Identification Card Act, or falls within the federal |
| 7 | | prohibitors in 18 U.S.C. 922(g) and (n). All physicians, |
| 8 | | clinical psychologists, or qualified examiners at public or |
| 9 | | private mental health facilities or parts thereof as defined in |
| 10 | | this subsection shall, in the form and manner required
by the |
| 11 | | Department, provide notice directly to the Department of Human |
| 12 | | Services, or to his or her employer who shall then report to |
| 13 | | the Department, within 24 hours after determining that a person |
| 14 | | poses a clear and present danger to himself, herself, or |
| 15 | | others, or within 7 days after a person 14 years or older is |
| 16 | | determined to be a person with a developmental disability by a |
| 17 | | physician, clinical psychologist, or qualified examiner as |
| 18 | | described in Section 1.1 of the Firearm Owners Identification |
| 19 | | Card Act. If a person is a patient as described in clause (1) |
| 20 | | of the definition of "patient" in Section 1.1 of the Firearm |
| 21 | | Owners Identification Card Act, this information shall be |
| 22 | | furnished within 7 days after
admission to a public or private |
| 23 | | hospital or mental health facility or the provision of |
| 24 | | services. Any such information disclosed under
this subsection |
| 25 | | shall
remain privileged and confidential, and shall not be |
| 26 | | redisclosed, except as required by subsection (e) of Section |
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| 1 | | 3.1 of the Firearm Owners Identification Card Act, nor utilized
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| 2 | | for any other purpose. The method of requiring the providing of |
| 3 | | such
information shall guarantee that no information is |
| 4 | | released beyond what
is necessary for this purpose. In |
| 5 | | addition, the information disclosed
shall be provided
by the |
| 6 | | Department within the time period established by Section 24-3 |
| 7 | | of the
Criminal Code of 2012 regarding the delivery of |
| 8 | | firearms. The method used
shall be sufficient to provide the |
| 9 | | necessary information within the
prescribed time period, which |
| 10 | | may include periodically providing
lists to the Department of |
| 11 | | Human Services
or any public or private hospital or mental |
| 12 | | health facility of Firearm Owner's Identification Card |
| 13 | | applicants
on which the Department or hospital shall indicate |
| 14 | | the identities of those
individuals who are to its knowledge |
| 15 | | disqualified from having a Firearm
Owner's Identification Card |
| 16 | | for reasons described herein. The Department
may provide for a |
| 17 | | centralized source
of information for the State on this subject |
| 18 | | under its jurisdiction. The identity of the person reporting |
| 19 | | under this subsection shall not be disclosed to the subject of |
| 20 | | the report. For the purposes of this subsection, the physician, |
| 21 | | clinical psychologist, or qualified examiner making the |
| 22 | | determination and his or her employer shall not be held |
| 23 | | criminally, civilly, or professionally liable for making or not |
| 24 | | making the notification required under this subsection, except |
| 25 | | for willful or wanton misconduct.
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| 26 | | Any person, institution, or agency, under this Act, |
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| 1 | | participating in
good faith in the reporting or disclosure of |
| 2 | | records and communications
otherwise in accordance with this |
| 3 | | provision or with rules, regulations or
guidelines issued by |
| 4 | | the Department shall have immunity from any
liability, civil, |
| 5 | | criminal or otherwise, that might result by reason of the
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| 6 | | action. For the purpose of any proceeding, civil or criminal,
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| 7 | | arising out of a report or disclosure in accordance with this |
| 8 | | provision,
the good faith of any person,
institution, or agency |
| 9 | | so reporting or disclosing shall be presumed. The
full extent |
| 10 | | of the immunity provided in this subsection (b) shall apply to
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| 11 | | any person, institution or agency that fails to make a report |
| 12 | | or disclosure
in the good faith belief that the report or |
| 13 | | disclosure would violate
federal regulations governing the |
| 14 | | confidentiality of alcohol and drug abuse
patient records |
| 15 | | implementing 42 U.S.C. 290dd-3 and 290ee-3.
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| 16 | | For purposes of this subsection (b) only, the following |
| 17 | | terms shall have
the meaning prescribed:
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| 18 | | (1) (Blank).
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| 19 | | (1.3) "Clear and present danger" has the meaning as |
| 20 | | defined in Section 1.1 of the Firearm Owners Identification |
| 21 | | Card Act. |
| 22 | | (1.5) (Blank). "Person with a developmental |
| 23 | | disability" has the meaning as defined in Section 1.1 of |
| 24 | | the Firearm Owners Identification Card Act.
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| 25 | | (2) "Patient" has the meaning as defined in Section 1.1 |
| 26 | | of the Firearm Owners Identification Card Act.
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| 1 | | (3) "Mental health facility" has the meaning as defined |
| 2 | | in Section 1.1 of the Firearm Owners Identification Card |
| 3 | | Act.
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| 4 | | (c) Upon the request of a peace officer who takes a person |
| 5 | | into custody
and transports such person to a mental health or |
| 6 | | developmental disability
facility pursuant to Section 3-606 or |
| 7 | | 4-404 of the Mental Health and
Developmental Disabilities Code |
| 8 | | or who transports a person from such facility,
a facility |
| 9 | | director shall furnish said peace officer the name, address, |
| 10 | | age
and name of the nearest relative of the person transported |
| 11 | | to or from the
mental health or developmental disability |
| 12 | | facility. In no case shall the
facility director disclose to |
| 13 | | the peace officer any information relating to the
diagnosis, |
| 14 | | treatment or evaluation of the person's mental or physical |
| 15 | | health.
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| 16 | | For the purposes of this subsection (c), the terms "mental |
| 17 | | health or
developmental disability facility", "peace officer" |
| 18 | | and "facility director"
shall have the meanings ascribed to |
| 19 | | them in the Mental Health and
Developmental Disabilities Code.
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| 20 | | (d) Upon the request of a peace officer or prosecuting |
| 21 | | authority who is
conducting a bona fide investigation of a |
| 22 | | criminal offense, or attempting to
apprehend a fugitive from |
| 23 | | justice,
a facility director may disclose whether a person is |
| 24 | | present at the facility.
Upon request of a peace officer or |
| 25 | | prosecuting authority who has a valid
forcible felony warrant |
| 26 | | issued, a facility director shall disclose: (1) whether
the |
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| 1 | | person who is the subject of the warrant is present at the |
| 2 | | facility and (2)
the
date of that person's discharge or future |
| 3 | | discharge from the facility.
The requesting peace officer or |
| 4 | | prosecuting authority must furnish a case
number and the |
| 5 | | purpose of the investigation or an outstanding arrest warrant |
| 6 | | at
the time of the request. Any person, institution, or agency
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| 7 | | participating in good faith in disclosing such information in |
| 8 | | accordance with
this subsection (d) is immune from any |
| 9 | | liability, civil, criminal or
otherwise, that might result by |
| 10 | | reason of the action.
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| 11 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, |
| 12 | | eff. 7-27-15; revised 10-22-15.)
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| 13 | | (405 ILCS 5/6-103.2 rep.) |
| 14 | | Section 10. The Mental Health and Developmental |
| 15 | | Disabilities Code is amended by repealing Section 6-103.2.
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