Bill Text: IL HB1065 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: In provisions of the Mental Health and Developmental Disabilities Confidentiality Act authorizing a mental health or developmental disability facility to disclose certain information to the U.S. Secret Service or the Department of State Police when necessary to protect the life of, or to prevent bodily harm to, a public official, changes the definition of "public official" to include a Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0193 [HB1065 Detail]

Download: Illinois-2009-HB1065-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 12 as follows:
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Department of State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, relating to a specific recipient and the
facility director determines that disclosure of such
information may be necessary to protect the life of, or to
prevent the infliction of great bodily harm to, a public
official, or a person under the protection of the United States
Secret Service, only the following information may be
disclosed: the recipient's name, address, and age and the date
of any admission to or discharge from a facility; and any
information which would indicate whether or not the recipient
has a history of violence or presents a danger of violence to
the person under protection. Any information so disclosed shall
be used for investigative purposes only and shall not be

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publicly disseminated. Any person participating in good faith
in the disclosure of such information in accordance with this
provision shall have immunity from any liability, civil,
criminal or otherwise, if such information is disclosed relying
upon the representation of an officer of the United States
Secret Service or the Department of State Police that a person
is under the protection of the United States Secret Service or
is a public official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer, or member of the General Assembly, member of the
United States Congress, Judge of the United States as defined
in 28 U.S.C. 451, Justice of the United States as defined in 28
U.S.C. 451, United States Magistrate Judge as defined in 28
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
Supreme, Appellate, Circuit, or Associate Judge of the State of
Illinois. The term shall also include the spouse, child or
children of a public official.
(b) The Department of Human Services (acting as successor
to the Department of Mental Health and Developmental
Disabilities) and all public or private hospitals and mental
health facilities are required, as hereafter described in this
subsection, to furnish the Department of State Police only such
information as may be required for the sole purpose of
determining whether an individual who may be or may have been a

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patient is disqualified because of that status from receiving
or retaining a Firearm Owner's Identification Card under
subsection (e) or (f) of Section 8 of the Firearm Owners
Identification Card Act or 18 U.S.C. 922(g) and (n). All public
or private hospitals and mental health facilities shall, in the
form and manner required by the Department, provide such
information as shall be necessary for the Department to comply
with the reporting requirements to the Department of State
Police. Such information shall be furnished within 7 days after
admission to a public or private hospital or mental health
facility or the provision of services to a patient described in
clause (2) of this subsection (b). Any such information
disclosed under this subsection shall remain privileged and
confidential, and shall not be redisclosed, except as required
by clause (e)(2) of Section 3.1 of the Firearm Owners
Identification Card Act, nor utilized for any other purpose.
The method of requiring the providing of such information shall
guarantee that no information is released beyond what is
necessary for this purpose. In addition, the information
disclosed shall be provided by the Department within the time
period established by Section 24-3 of the Criminal Code of 1961
regarding the delivery of firearms. The method used shall be
sufficient to provide the necessary information within the
prescribed time period, which may include periodically
providing lists to the Department of Human Services or any
public or private hospital or mental health facility of Firearm

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Owner's Identification Card applicants on which the Department
or hospital shall indicate the identities of those individuals
who are to its knowledge disqualified from having a Firearm
Owner's Identification Card for reasons described herein. The
Department may provide for a centralized source of information
for the State on this subject under its jurisdiction.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this
provision, the good faith of any person, institution, or agency
so reporting or disclosing shall be presumed. The full extent
of the immunity provided in this subsection (b) shall apply to
any person, institution or agency that fails to make a report
or disclosure in the good faith belief that the report or
disclosure would violate federal regulations governing the
confidentiality of alcohol and drug abuse patient records
implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) "Hospital" means only that type of institution
which is providing full-time residential facilities and

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treatment.
(2) "Patient" shall include only: (i) a person who is
an in-patient or resident of any public or private hospital
or mental health facility or (ii) a person who is an
out-patient or provided services by a public or private
hospital or mental health facility whose mental condition
is of such a nature that it is manifested by violent,
suicidal, threatening, or assaultive behavior or reported
behavior, for which there is a reasonable belief by a
physician, clinical psychologist, or qualified examiner
that the condition poses a clear and present or imminent
danger to the patient, any other person or the community
meaning the patient's condition poses a clear and present
danger in accordance with subsection (f) of Section 8 of
the Firearm Owners Identification Card Act. The terms
physician, clinical psychologist, and qualified examiner
are defined in Sections 1-120, 1-103, and 1-122 of the
Mental Health and Developmental Disabilities Code.
(3) "Mental health facility" is defined by Section
1-114 of the Mental Health and Developmental Disabilities
Code.
(c) Upon the request of a peace officer who takes a person
into custody and transports such person to a mental health or
developmental disability facility pursuant to Section 3-606 or
4-404 of the Mental Health and Developmental Disabilities Code
or who transports a person from such facility, a facility

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director shall furnish said peace officer the name, address,
age and name of the nearest relative of the person transported
to or from the mental health or developmental disability
facility. In no case shall the facility director disclose to
the peace officer any information relating to the diagnosis,
treatment or evaluation of the person's mental or physical
health.
For the purposes of this subsection (c), the terms "mental
health or developmental disability facility", "peace officer"
and "facility director" shall have the meanings ascribed to
them in the Mental Health and Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the
person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or future
discharge from the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in
accordance with this subsection (d) is immune from any

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liability, civil, criminal or otherwise, that might result by
reason of the action.
(Source: P.A. 95-564, eff. 6-1-08.)
Section 99. Effective date. This Act takes effect upon