Public Act 096-0193
 		





HB1065 Enrolled
LRB096 03122 AJO 13138 b






    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 
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 
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 
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 
    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 
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 
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 
becoming law.