103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5817

Introduced 4/16/2024, by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

`405 ILCS 5/6-103.3`
`740 ILCS 110/12`	`from Ch. 91 1/2, par. 812`

Amends the Mental Health and Developmental Disabilities Code. Provides that, if a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, or qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Illinois State Police and the appropriate local law enforcement agency (rather than shall notify the Illinois State Police), within 24 hours of making the determination that the person poses a clear and present danger. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the Department of Human Services and all public or private hospitals and mental health facilities are required to furnish the Illinois State Police and the appropriate local law enforcement agency only such information as may be required for the sole purpose of determining whether an individual who may be or may have been a patient is disqualified because of that status from receiving or retaining a Firearm Owner's Identification Card or falls within the federal prohibitors under the Firearm Owners Identification Card Act, or falls within the federal prohibitors in the federal Gun Control Act of 1968.

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A BILL FOR

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1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Mental Health and Developmental

5 Disabilities Code is amended by changing Section 6-103.3 as

6 follows:

7 (405 ILCS 5/6-103.3)

8 Sec. 6-103.3. Clear and present danger; notice. If a

9 person is determined to pose a clear and present danger to

10 himself, herself, or to others by a physician, clinical

11 psychologist, or qualified examiner, whether employed by the

12 State, by any public or private mental health facility or part

13 thereof, or by a law enforcement official or a school

14 administrator, then the physician, clinical psychologist, or

15 qualified examiner shall notify the Department of Human

16 Services and a law enforcement official or school

17 administrator shall notify the Illinois State Police and the

18 appropriate local law enforcement agency, within 24 hours of

19 making the determination that the person poses a clear and

20 present danger. The Department of Human Services shall

21 immediately update its records and information relating to

22 mental health and developmental disabilities, and if

23 appropriate, shall notify the Illinois State Police in a form

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1 and manner prescribed by the Illinois State Police.

2 Information disclosed under this Section shall remain

3 privileged and confidential, and shall not be redisclosed,

4 except as required under subsection (e) of Section 3.1 of the

5 Firearm Owners Identification Card Act, nor used for any other

6 purpose. The method of providing this information shall

7 guarantee that the information is not released beyond that

8 which is necessary for the purpose of this Section and shall be

9 provided by rule by the Department of Human Services. The

10 identity of the person reporting under this Section shall not

11 be disclosed to the subject of the report. The physician,

12 clinical psychologist, qualified examiner, law enforcement

13 official, or school administrator making the determination and

14 his or her employer shall not be held criminally, civilly, or

15 professionally liable for making or not making the

16 notification required under this Section, except for willful

17 or wanton misconduct. This Section does not apply to a law

18 enforcement official, if making the notification under this

19 Section will interfere with an ongoing or pending criminal

20 investigation.

21 For the purposes of this Section:

22 "Clear and present danger" has the meaning ascribed to

23 it in Section 1.1 of the Firearm Owners Identification

24 Card Act.

25 "Determined to pose a clear and present danger to

26 himself, herself, or to others by a physician, clinical

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1 psychologist, or qualified examiner" means in the

2 professional opinion of the physician, clinical

3 psychologist, or qualified examiner, a person poses a

4 clear and present danger.

5 "School administrator" means the person required to

6 report under the School Administrator Reporting of Mental

7 Health Clear and Present Danger Determinations Law.

8 (Source: P.A. 102-538, eff. 8-20-21.)

9 Section 10. The Mental Health and Developmental

10 Disabilities Confidentiality Act is amended by changing

11 Section 12 as follows:

12 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

13 Sec. 12. (a) If the United States Secret Service or the

14 Illinois State Police requests information from a mental

15 health or developmental disability facility, as defined in

16 Section 1-107 and 1-114 of the Mental Health and Developmental

17 Disabilities Code, relating to a specific recipient and the

18 facility director determines that disclosure of such

19 information may be necessary to protect the life of, or to

20 prevent the infliction of great bodily harm to, a public

21 official, or a person under the protection of the United

22 States Secret Service, only the following information may be

23 disclosed: the recipient's name, address, and age and the date

24 of any admission to or discharge from a facility; and any

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1 information which would indicate whether or not the recipient

2 has a history of violence or presents a danger of violence to

3 the person under protection. Any information so disclosed

4 shall be used for investigative purposes only and shall not be

5 publicly disseminated. Any person participating in good faith

6 in the disclosure of such information in accordance with this

7 provision shall have immunity from any liability, civil,

8 criminal or otherwise, if such information is disclosed

9 relying upon the representation of an officer of the United

10 States Secret Service or the Illinois State Police that a

11 person is under the protection of the United States Secret

12 Service or is a public official.

13 For the purpose of this subsection (a), the term "public

14 official" means the Governor, Lieutenant Governor, Attorney

15 General, Secretary of State, State Comptroller, State

16 Treasurer, member of the General Assembly, member of the

17 United States Congress, Judge of the United States as defined

18 in 28 U.S.C. 451, Justice of the United States as defined in 28

19 U.S.C. 451, United States Magistrate Judge as defined in 28

20 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

21 Supreme, Appellate, Circuit, or Associate Judge of the State

22 of Illinois. The term shall also include the spouse, child or

23 children of a public official.

24 (b) The Department of Human Services (acting as successor

25 to the Department of Mental Health and Developmental

26 Disabilities) and all public or private hospitals and mental

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1 health facilities are required, as hereafter described in this

2 subsection, to furnish the Illinois State Police and the

3 appropriate local law enforcement agency only such information

4 as may be required for the sole purpose of determining whether

5 an individual who may be or may have been a patient is

6 disqualified because of that status from receiving or

7 retaining a Firearm Owner's Identification Card or falls

8 within the federal prohibitors under subsection (e), (f), (g),

9 (r), (s), or (t) of Section 8 of the Firearm Owners

10 Identification Card Act, or falls within the federal

11 prohibitors in 18 U.S.C. 922(g) and (n). All physicians,

12 clinical psychologists, or qualified examiners at public or

13 private mental health facilities or parts thereof as defined

14 in this subsection shall, in the form and manner required by

15 the Department, provide notice directly to the Department of

16 Human Services, or to his or her employer who shall then report

17 to the Department, within 24 hours after determining that a

18 person poses a clear and present danger to himself, herself,

19 or others, or within 7 days after a person 14 years or older is

20 determined to be a person with a developmental disability by a

21 physician, clinical psychologist, or qualified examiner as

22 described in Section 1.1 of the Firearm Owners Identification

23 Card Act. If a person is a patient as described in clause (1)

24 of the definition of "patient" in Section 1.1 of the Firearm

25 Owners Identification Card Act, this information shall be

26 furnished within 7 days after admission to a public or private

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1 hospital or mental health facility or the provision of

2 services. Any such information disclosed under this subsection

3 shall remain privileged and confidential, and shall not be

4 redisclosed, except as required by subsection (e) of Section

5 3.1 of the Firearm Owners Identification Card Act, nor

6 utilized for any other purpose. The method of requiring the

7 providing of such information shall guarantee that no

8 information is released beyond what is necessary for this

9 purpose. In addition, the information disclosed shall be

10 provided by the Department within the time period established

11 by Section 24-3 of the Criminal Code of 2012 regarding the

12 delivery of firearms. The method used shall be sufficient to

13 provide the necessary information within the prescribed time

14 period, which may include periodically providing lists to the

15 Department of Human Services or any public or private hospital

16 or mental health facility of Firearm Owner's Identification

17 Card applicants on which the Department or hospital shall

18 indicate the identities of those individuals who are to its

19 knowledge disqualified from having a Firearm Owner's

20 Identification Card for reasons described herein. The

21 Department may provide for a centralized source of information

22 for the State on this subject under its jurisdiction. The

23 identity of the person reporting under this subsection shall

24 not be disclosed to the subject of the report. For the purposes

25 of this subsection, the physician, clinical psychologist, or

26 qualified examiner making the determination and his or her

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1 employer shall not be held criminally, civilly, or

2 professionally liable for making or not making the

3 notification required under this subsection, except for

4 willful or wanton misconduct.

5 Any person, institution, or agency, under this Act,

6 participating in good faith in the reporting or disclosure of

7 records and communications otherwise in accordance with this

8 provision or with rules, regulations or guidelines issued by

9 the Department shall have immunity from any liability, civil,

10 criminal or otherwise, that might result by reason of the

11 action. For the purpose of any proceeding, civil or criminal,

12 arising out of a report or disclosure in accordance with this

13 provision, the good faith of any person, institution, or

14 agency so reporting or disclosing shall be presumed. The full

15 extent of the immunity provided in this subsection (b) shall

16 apply to any person, institution or agency that fails to make a

17 report or disclosure in the good faith belief that the report

18 or disclosure would violate federal regulations governing the

19 confidentiality of alcohol and drug abuse patient records

20 implementing 42 U.S.C. 290dd-3 and 290ee-3.

21 For purposes of this subsection (b) only, the following

22 terms shall have the meaning prescribed:

23 (1) (Blank).

24 (1.3) "Clear and present danger" has the meaning as

25 defined in Section 1.1 of the Firearm Owners

26 Identification Card Act.

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1 (1.5) "Person with a developmental disability" has the

2 meaning as defined in Section 1.1 of the Firearm Owners

3 Identification Card Act.

4 (2) "Patient" has the meaning as defined in Section

5 1.1 of the Firearm Owners Identification Card Act.

6 (3) "Mental health facility" has the meaning as

7 defined in Section 1.1 of the Firearm Owners

8 Identification Card Act.

9 (c) Upon the request of a peace officer who takes a person

10 into custody and transports such person to a mental health or

11 developmental disability facility pursuant to Section 3-606 or

12 4-404 of the Mental Health and Developmental Disabilities Code

13 or who transports a person from such facility, a facility

14 director shall furnish said peace officer the name, address,

15 age and name of the nearest relative of the person transported

16 to or from the mental health or developmental disability

17 facility. In no case shall the facility director disclose to

18 the peace officer any information relating to the diagnosis,

19 treatment or evaluation of the person's mental or physical

20 health.

21 For the purposes of this subsection (c), the terms "mental

22 health or developmental disability facility", "peace officer"

23 and "facility director" shall have the meanings ascribed to

24 them in the Mental Health and Developmental Disabilities Code.

25 (d) Upon the request of a peace officer or prosecuting

26 authority who is conducting a bona fide investigation of a

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