Bill Text: IL HB5817 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB5817 Detail]

Download: Illinois-2023-HB5817-Introduced.html

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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
HB5817 LRB103 40318 RLC 72451 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 6-103.3 as
follows:
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice. 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, within 24 hours of
making the determination that the person poses a clear and
present danger. The Department of Human Services shall
immediately update its records and information relating to
mental health and developmental disabilities, and if
appropriate, shall notify the Illinois State Police in a form

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and manner prescribed by the Illinois State Police.
Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act, nor used for any other
purpose. The method of providing this information shall
guarantee that the information is not released beyond that
which is necessary for the purpose of this Section and shall be
provided by rule by the Department of Human Services. The
identity of the person reporting under this Section shall not
be disclosed to the subject of the report. The physician,
clinical psychologist, qualified examiner, law enforcement
official, or school administrator making the determination and
his or her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
notification required under this Section, except for willful
or wanton misconduct. This Section does not apply to a law
enforcement official, if making the notification under this
Section will interfere with an ongoing or pending criminal
investigation.
For the purposes of this Section:
"Clear and present danger" has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification
Card Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical

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psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical
psychologist, or qualified examiner, a person poses a
clear and present danger.
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 10. 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
Illinois 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

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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
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 Illinois 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, 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

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health facilities are required, as hereafter described in this
subsection, 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 subsection (e), (f), (g),
(r), (s), or (t) of Section 8 of the Firearm Owners
Identification Card Act, or falls within the federal
prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
clinical psychologists, or qualified examiners at public or
private mental health facilities or parts thereof as defined
in this subsection shall, in the form and manner required by
the Department, provide notice directly to the Department of
Human Services, or to his or her employer who shall then report
to the Department, within 24 hours after determining that a
person poses a clear and present danger to himself, herself,
or others, or within 7 days after a person 14 years or older is
determined to be a person with a developmental disability by a
physician, clinical psychologist, or qualified examiner as
described in Section 1.1 of the Firearm Owners Identification
Card Act. If a person is a patient as described in clause (1)
of the definition of "patient" in Section 1.1 of the Firearm
Owners Identification Card Act, this information shall be
furnished within 7 days after admission to a public or private

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hospital or mental health facility or the provision of
services. Any such information disclosed under this subsection
shall remain privileged and confidential, and shall not be
redisclosed, except as required by subsection (e) 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 2012 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 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. The
identity of the person reporting under this subsection shall
not be disclosed to the subject of the report. For the purposes
of this subsection, the physician, clinical psychologist, or
qualified examiner making the determination and his or her

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employer shall not be held criminally, civilly, or
professionally liable for making or not making the
notification required under this subsection, except for
willful or wanton misconduct.
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) (Blank).
(1.3) "Clear and present danger" has the meaning as
defined in Section 1.1 of the Firearm Owners
Identification Card Act.

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(1.5) "Person with a developmental disability" has the
meaning as defined in Section 1.1 of the Firearm Owners
Identification Card Act.
(2) "Patient" has the meaning as defined in Section
1.1 of the Firearm Owners Identification Card Act.
(3) "Mental health facility" has the meaning as
defined in Section 1.1 of the Firearm Owners
Identification Card Act.
(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
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

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