101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0283

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

405 ILCS 5/6-103.3

Amends the Mental Health and Developmental Disabilities Code. Provides that the Department of State Police shall annually compile and submit a report to the Governor and General Assembly no later than May 31 of each calendar year on the number of persons reported as posing a clear and present danger to themselves or others by persons required to report that information to the Department of State Police under the Code. Provides that the report shall be based on information submitted by each county, municipality, public elementary or secondary school, private elementary or secondary school, or public or private community college, college, or university of the State without disclosing individual identifying information of the persons who pose the clear and present danger to themselves or others. Provides that if the person who poses the clear and present danger is reported by home address and the person attends a school, college, or university, then the compilation shall only include that individual once in the report for the total annual compilation.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Mental Health and Developmental

5 Disabilities Code is amended by changing Section 6-103.3 as

6 follows:

7 (405 ILCS 5/6-103.3)

8 Sec. 6-103.3. Clear and present danger; notice. If a person

9 is determined to pose a clear and present danger to himself,

10 herself, or to others by a physician, clinical psychologist, or

11 qualified examiner, whether employed by the State, by any

12 public or private mental health facility or part thereof, or by

13 a law enforcement official or a school administrator, then the

14 physician, clinical psychologist, qualified examiner shall

15 notify the Department of Human Services and a law enforcement

16 official or school administrator shall notify the Department of

17 State Police, within 24 hours of making the determination that

18 the person poses a clear and present danger. The Department of

19 Human Services shall immediately update its records and

20 information relating to mental health and developmental

21 disabilities, and if appropriate, shall notify the Department

22 of State Police in a form and manner prescribed by the

23 Department of State Police. Information disclosed under this

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1 Section shall remain privileged and confidential, and shall not

2 be redisclosed, except as required under subsection (e) of

3 Section 3.1 of the Firearm Owners Identification Card Act, nor

4 used for any other purpose. The method of providing this

5 information shall guarantee that the information is not

6 released beyond that which is necessary for the purpose of this

7 Section and shall be provided by rule by the Department of

8 Human Services. The identity of the person reporting under this

9 Section shall not be disclosed to the subject of the report.

10 The physician, clinical psychologist, qualified examiner, law

11 enforcement official, or school administrator making the

12 determination and his or her employer shall not be held

13 criminally, civilly, or professionally liable for making or not

14 making the notification required under this Section, except for

15 willful or wanton misconduct. The Department of State Police

16 shall annually compile and submit a report to the Governor and

17 General Assembly no later than May 31 of each calendar year on

18 the number of persons reported under this Section as posing a

19 clear and present danger to themselves or others by persons

20 required to report that information to the Department of State

21 Police under this Section. The report shall be based on

22 information submitted by each county, municipality, public

23 elementary or secondary school, private elementary or

24 secondary school, or public or private community college,

25 college, or university of this State without disclosing

26 individual identifying information of the persons who pose the

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1 clear and present danger to themselves or others. If the person

2 who poses the clear and present danger is reported by home

3 address and the person attends a school, college, or

4 university, then the compilation shall only include that

5 individual once in the report for the total annual compilation.

6 This Section does not apply to a law enforcement official, if

7 making the notification under this Section will interfere with

8 an ongoing or pending criminal investigation.

9 For the purposes of this Section:

10 "Clear and present danger" has the meaning ascribed to

11 it in Section 1.1 of the Firearm Owners Identification Card

12 Act.

13 "Determined to pose a clear and present danger to

14 himself, herself, or to others by a physician, clinical

15 psychologist, or qualified examiner" means in the

16 professional opinion of the physician, clinical

17 psychologist, or qualified examiner, a person poses a clear

18 and present danger.

19 "School administrator" means the person required to

20 report under the School Administrator Reporting of Mental

21 Health Clear and Present Danger Determinations Law.

22 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)