(405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
Sec. 6-103.
(a) All persons acting in good faith and without negligence in
connection with the preparation of applications, petitions, certificates
or other documents, for the apprehension, transportation, examination,
treatment, habilitation, detention or discharge of an individual under the
provisions of this Act incur no liability, civil or criminal, by reason of
such acts.
(b) There shall be no liability on the part of, and no cause of action
shall arise against, any person who is a physician, clinical psychologist,
or qualified examiner based upon that person's failure to warn of and
protect from a recipient's threatened or actual violent behavior except where
the recipient has communicated to the person a serious threat of physical
violence against a reasonably identifiable victim or victims. Nothing in
this Section shall relieve any employee or director of any residential
mental health or developmental disabilities facility from any duty he may
have to protect the residents of such a facility from any other resident.
(c) Any duty which any person may owe to anyone other than a resident
of a mental health and developmental disabilities facility shall be
discharged by that person making a reasonable effort to communicate the
threat to the victim and to a law enforcement agency, or by a reasonable
effort to obtain the hospitalization of the recipient.
(d) An act of omission or commission by a peace officer acting
in good faith in rendering emergency assistance or otherwise enforcing this
Code does not impose civil liability on the peace officer or his or
her supervisor or employer unless the act is a result of willful or wanton
misconduct.
(Source: P.A. 91-726, eff. 6-2-00.)
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