Bill Text: IL HB1155 | 2013-2014 | 98th General Assembly | Amended

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

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1155 Detail]

Download: Illinois-2013-HB1155-Amended.html

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Rep. Elgie R. Sims, Jr.

Filed: 2/25/2013

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AMENDMENT TO HOUSE BILL 1155
AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
inserting the following in its proper numeric sequence:
"Section 25. Handgun carry; psychological fitness
evaluation.
(a) An applicant for a handgun carry license must submit to
a psychological fitness evaluation by a licensed psychiatrist
or licensed clinical psychologist as those terms are defined in
the Mental Health and Developmental Disabilities Code. To be
eligible for a license, the evaluation shall include a
certification by the psychiatrist or clinical psychologist
that the applicant:
(1) is not a danger to himself, to herself, or to
others;
(2) does not lack the mental capacity to manage his or
her own affairs;
(3) is able to provide for his or her basic physical

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needs so as to guard himself or herself from serious harm
without the assistance of family or others; and
(4) does not have a state of mind manifested by
violent, suicidal, threatening, or assaultive behavior
that poses a clear and present danger to himself, herself,
or to others at the time of the evaluation or in the
future.
(b) The applicant shall provide the psychiatrist or
clinical psychologist with written consent for the
psychiatrist or clinical psychologist to provide the
Department of State Police with the psychiatrist's or clinical
psychologist's determination indicating only whether the
person is eligible or ineligible to carry a handgun. The
information provided to the Department of State Police by a
psychiatrist or clinical psychologist under this subsection
shall be maintained as confidential information and may only be
disclosed and used for the purposes of this Section.
(c) The Department of State Police shall deny a handgun
carry license to any person for which the Department receives a
determination under subsections (a) and (b) of this Section
that the person is ineligible to carry a handgun, in the manner
provided in this Act.
(d) The Department of State Police shall adopt rules
necessary to implement the provisions of this Section.
Section 350. The Mental Health and Developmental

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Disabilities Confidentiality Act is amended by changing
Section 11 as follows:
(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
Sec. 11. Disclosure of records and communications. Records
and communications may be disclosed:
(i) in accordance with the provisions of the Abused and
Neglected Child Reporting Act, subsection (u) of Section 5
of the Children and Family Services Act, or Section 7.4 of
the Child Care Act of 1969;
(ii) when, and to the extent, a therapist, in his or
her sole discretion, determines that disclosure is
necessary to initiate or continue civil commitment or
involuntary treatment proceedings under the laws of this
State or to otherwise protect the recipient or other person
against a clear, imminent risk of serious physical or
mental injury or disease or death being inflicted upon the
recipient or by the recipient on himself or another;
(iii) when, and to the extent disclosure is, in the
sole discretion of the therapist, necessary to the
provision of emergency medical care to a recipient who is
unable to assert or waive his or her rights hereunder;
(iv) when disclosure is necessary to collect sums or
receive third party payment representing charges for
mental health or developmental disabilities services
provided by a therapist or agency to a recipient under

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Chapter V of the Mental Health and Developmental
Disabilities Code or to transfer debts under the
Uncollected State Claims Act; however, disclosure shall be
limited to information needed to pursue collection, and the
information so disclosed shall not be used for any other
purposes nor shall it be redisclosed except in connection
with collection activities;
(v) when requested by a family member, the Department
of Human Services may assist in the location of the
interment site of a deceased recipient who is interred in a
cemetery established under Section 26 of the Mental Health
and Developmental Disabilities Administrative Act;
(vi) in judicial proceedings under Article VIII of
Chapter III and Article V of Chapter IV of the Mental
Health and Developmental Disabilities Code and proceedings
and investigations preliminary thereto, to the State's
Attorney for the county or residence of a person who is the
subject of such proceedings, or in which the person is
found, or in which the facility is located, to the attorney
representing the petitioner in the judicial proceedings,
to the attorney representing the recipient in the judicial
proceedings, to any person or agency providing mental
health services that are the subject of the proceedings and
to that person's or agency's attorney, to any court
personnel, including but not limited to judges and circuit
court clerks, and to a guardian ad litem if one has been

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appointed by the court. Information disclosed under this
subsection shall not be utilized for any other purpose nor
be redisclosed except in connection with the proceedings or
investigations. Copies of any records provided to counsel
for a petitioner shall be deleted or destroyed at the end
of the proceedings and counsel for petitioner shall certify
to the court in writing that he or she has done so. At the
request of a recipient or his or her counsel, the court
shall issue a protective order insuring the
confidentiality of any records or communications provided
to counsel for a petitioner;
(vii) when, and to the extent disclosure is necessary
to comply with the requirements of the Census Bureau in
taking the federal Decennial Census;
(viii) when, and to the extent, in the therapist's sole
discretion, disclosure is necessary to warn or protect a
specific individual against whom a recipient has made a
specific threat of violence where there exists a
therapist-recipient relationship or a special
recipient-individual relationship;
(ix) in accordance with the Sex Offender Registration
Act;
(x) in accordance with the Rights of Crime Victims and
Witnesses Act;
(xi) in accordance with Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act;

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and
(xii) in accordance with Section 55 of the Abuse of
Adults with Disabilities Intervention Act; and
(xiii) in accordance with Section 25 of the Family and
Personal Protection Act.
Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under the
Abused and Neglected Child Reporting Act or in the disclosure
of records and communications under this Section, shall have
immunity from any liability, civil, criminal or otherwise, that
might result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11;
97-375, eff. 8-15-11.)".