SB3110 98TH GENERAL ASSEMBLY

LRB098 19508 HEP 55423 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3110

Introduced 2/7/2014, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

735 ILCS 5/8-802

from Ch. 110, par. 8-802

Amends the Code of Civil Procedure. In the list of circumstances under which a physician or surgeon is permitted to disclose information acquired in attending a patient in a professional character, provides that the physician or surgeon is permitted to disclose the information in any criminal action where the charge is: (1) solicitation, conspiracy, or attempt to commit homicide; (2) attempt or actual criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, provided that the State's Attorney shall petition the court for a protective order and that disclosure is limited to information concerning the alleged injuries, the cause of the alleged injuries, and the identity of the offender in the alleged crime for which charges have been filed; or (3) battery or aggravated battery, domestic or aggravated domestic battery, or battery or aggravated battery of an unborn child, provided that disclosure is limited to information concerning the alleged injuries, the cause of the alleged injuries, and the identity of the offender in the alleged crime for which charges have been filed. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 8-802 as follows:

(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)

Sec. 8-802. Physician and patient. No physician or surgeon shall be permitted to disclose any information he or she may have acquired in attending any patient in a professional character, necessary to enable him or her professionally to serve the patient, except only (1) in trials for homicide when the disclosure relates directly to the fact or immediate circumstances of the homicide, (2) in actions, civil or criminal, against the physician for malpractice, (3) with the expressed consent of the patient, or in case of his or her death or disability, of his or her personal representative or other person authorized to sue for personal injury or of the beneficiary of an insurance policy on his or her life, health, or physical condition, or as authorized by Section 8-2001.5, (4) in all actions brought by or against the patient, his or her personal representative, a beneficiary under a policy of insurance, or the executor or administrator of his or her estate wherein the patient's physical or mental condition is an issue, (5) upon an issue as to the validity of a document as a will of the patient, (6) in any criminal action where the charge is either first degree murder by abortion, attempted abortion or abortion, (7) in actions, civil or criminal, arising from the filing of a report in compliance with the Abused and Neglected Child Reporting Act, (8) to any department, agency, institution or facility which has custody of the patient pursuant to State statute or any court order of commitment, (9) in prosecutions where written results of blood alcohol tests are admissible pursuant to Section 11-501.4 of the Illinois Vehicle Code, (10) in prosecutions where written results of blood alcohol tests are admissible under Section 5-11a of the Boat Registration and Safety Act, (11) in criminal actions arising from the filing of a report of suspected terrorist offense in compliance with Section 29D-10(p)(7) of the Criminal Code of 2012, or (12) upon the issuance of a subpoena pursuant to Section 38 of the Medical Practice Act of 1987; the issuance of a subpoena pursuant to Section 25.1 of the Illinois Dental Practice Act; the issuance of a subpoena pursuant to Section 22 of the Nursing Home Administrators Licensing and Disciplinary Act; or the issuance of a subpoena pursuant to Section 25.5 of the Workers' Compensation Act, (13) in any criminal action where the charge is solicitation, conspiracy, or attempt to commit homicide, (14) in any criminal action where the charge is attempt or actual criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, provided that disclosure is limited to information concerning the alleged injuries, the cause of the alleged injuries, and the identity of the offender in the alleged crime for which charges have been filed, or (15) in any criminal action where the charge is battery or aggravated battery, domestic or aggravated domestic battery, or battery or aggravated battery of an unborn child, provided that disclosure is limited to information concerning the alleged injuries, the cause of the alleged injuries, and the identity of the offender in the alleged crime for which charges have been filed.

Upon disclosure under subsection (14) of this Section, the State's Attorney shall petition the court for a protective order under Supreme Court Rule 415.

In the event of a conflict between the application of this Section and the Mental Health and Developmental Disabilities Confidentiality Act to a specific situation, the provisions of the Mental Health and Developmental Disabilities Confidentiality Act shall control.

(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)

Section 99. Effective date. This Act takes effect upon becoming law.