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

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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 6-103.3 as
6follows:
7 (405 ILCS 5/6-103.3)
8 Sec. 6-103.3. Clear and present danger; notice. If a
9person is determined to pose a clear and present danger to
10himself, herself, or to others by a physician, clinical
11psychologist, or qualified examiner, whether employed by the
12State, by any public or private mental health facility or part
13thereof, or by a law enforcement official or a school
14administrator, then the physician, clinical psychologist, or
15qualified examiner shall notify the Department of Human
16Services and a law enforcement official or school
17administrator shall notify the Illinois State Police and the
18appropriate local law enforcement agency, within 24 hours of
19making the determination that the person poses a clear and
20present danger. The Department of Human Services shall
21immediately update its records and information relating to
22mental health and developmental disabilities, and if
23appropriate, shall notify the Illinois State Police in a form

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1and manner prescribed by the Illinois State Police.
2Information disclosed under this Section shall remain
3privileged and confidential, and shall not be redisclosed,
4except as required under subsection (e) of Section 3.1 of the
5Firearm Owners Identification Card Act, nor used for any other
6purpose. The method of providing this information shall
7guarantee that the information is not released beyond that
8which is necessary for the purpose of this Section and shall be
9provided by rule by the Department of Human Services. The
10identity of the person reporting under this Section shall not
11be disclosed to the subject of the report. The physician,
12clinical psychologist, qualified examiner, law enforcement
13official, or school administrator making the determination and
14his or her employer shall not be held criminally, civilly, or
15professionally liable for making or not making the
16notification required under this Section, except for willful
17or wanton misconduct. This Section does not apply to a law
18enforcement official, if making the notification under this
19Section will interfere with an ongoing or pending criminal
20investigation.
21 For the purposes of this Section:
22 "Clear and present danger" has the meaning ascribed to
23 it in Section 1.1 of the Firearm Owners Identification
24 Card Act.
25 "Determined to pose a clear and present danger to
26 himself, herself, or to others by a physician, clinical

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1 psychologist, or qualified examiner" means in the
2 professional opinion of the physician, clinical
3 psychologist, or qualified examiner, a person poses a
4 clear and present danger.
5 "School administrator" means the person required to
6 report under the School Administrator Reporting of Mental
7 Health Clear and Present Danger Determinations Law.
8(Source: P.A. 102-538, eff. 8-20-21.)
9 Section 10. The Mental Health and Developmental
10Disabilities Confidentiality Act is amended by changing
11Section 12 as follows:
12 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
13 Sec. 12. (a) If the United States Secret Service or the
14Illinois State Police requests information from a mental
15health or developmental disability facility, as defined in
16Section 1-107 and 1-114 of the Mental Health and Developmental
17Disabilities Code, relating to a specific recipient and the
18facility director determines that disclosure of such
19information may be necessary to protect the life of, or to
20prevent the infliction of great bodily harm to, a public
21official, or a person under the protection of the United
22States Secret Service, only the following information may be
23disclosed: the recipient's name, address, and age and the date
24of any admission to or discharge from a facility; and any

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1information which would indicate whether or not the recipient
2has a history of violence or presents a danger of violence to
3the person under protection. Any information so disclosed
4shall be used for investigative purposes only and shall not be
5publicly disseminated. Any person participating in good faith
6in the disclosure of such information in accordance with this
7provision shall have immunity from any liability, civil,
8criminal or otherwise, if such information is disclosed
9relying upon the representation of an officer of the United
10States Secret Service or the Illinois State Police that a
11person is under the protection of the United States Secret
12Service or is a public official.
13 For the purpose of this subsection (a), the term "public
14official" means the Governor, Lieutenant Governor, Attorney
15General, Secretary of State, State Comptroller, State
16Treasurer, member of the General Assembly, member of the
17United States Congress, Judge of the United States as defined
18in 28 U.S.C. 451, Justice of the United States as defined in 28
19U.S.C. 451, United States Magistrate Judge as defined in 28
20U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
21Supreme, Appellate, Circuit, or Associate Judge of the State
22of Illinois. The term shall also include the spouse, child or
23children of a public official.
24 (b) The Department of Human Services (acting as successor
25to the Department of Mental Health and Developmental
26Disabilities) and all public or private hospitals and mental

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1health facilities are required, as hereafter described in this
2subsection, to furnish the Illinois State Police and the
3appropriate local law enforcement agency only such information
4as may be required for the sole purpose of determining whether
5an individual who may be or may have been a patient is
6disqualified because of that status from receiving or
7retaining a Firearm Owner's Identification Card or falls
8within the federal prohibitors under subsection (e), (f), (g),
9(r), (s), or (t) of Section 8 of the Firearm Owners
10Identification Card Act, or falls within the federal
11prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
12clinical psychologists, or qualified examiners at public or
13private mental health facilities or parts thereof as defined
14in this subsection shall, in the form and manner required by
15the Department, provide notice directly to the Department of
16Human Services, or to his or her employer who shall then report
17to the Department, within 24 hours after determining that a
18person poses a clear and present danger to himself, herself,
19or others, or within 7 days after a person 14 years or older is
20determined to be a person with a developmental disability by a
21physician, clinical psychologist, or qualified examiner as
22described in Section 1.1 of the Firearm Owners Identification
23Card Act. If a person is a patient as described in clause (1)
24of the definition of "patient" in Section 1.1 of the Firearm
25Owners Identification Card Act, this information shall be
26furnished within 7 days after admission to a public or private

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1hospital or mental health facility or the provision of
2services. Any such information disclosed under this subsection
3shall remain privileged and confidential, and shall not be
4redisclosed, except as required by subsection (e) of Section
53.1 of the Firearm Owners Identification Card Act, nor
6utilized for any other purpose. The method of requiring the
7providing of such information shall guarantee that no
8information is released beyond what is necessary for this
9purpose. In addition, the information disclosed shall be
10provided by the Department within the time period established
11by Section 24-3 of the Criminal Code of 2012 regarding the
12delivery of firearms. The method used shall be sufficient to
13provide the necessary information within the prescribed time
14period, which may include periodically providing lists to the
15Department of Human Services or any public or private hospital
16or mental health facility of Firearm Owner's Identification
17Card applicants on which the Department or hospital shall
18indicate the identities of those individuals who are to its
19knowledge disqualified from having a Firearm Owner's
20Identification Card for reasons described herein. The
21Department may provide for a centralized source of information
22for the State on this subject under its jurisdiction. The
23identity of the person reporting under this subsection shall
24not be disclosed to the subject of the report. For the purposes
25of this subsection, the physician, clinical psychologist, or
26qualified examiner making the determination and his or her

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1employer shall not be held criminally, civilly, or
2professionally liable for making or not making the
3notification required under this subsection, except for
4willful or wanton misconduct.
5 Any person, institution, or agency, under this Act,
6participating in good faith in the reporting or disclosure of
7records and communications otherwise in accordance with this
8provision or with rules, regulations or guidelines issued by
9the Department shall have immunity from any liability, civil,
10criminal or otherwise, that might result by reason of the
11action. For the purpose of any proceeding, civil or criminal,
12arising out of a report or disclosure in accordance with this
13provision, the good faith of any person, institution, or
14agency so reporting or disclosing shall be presumed. The full
15extent of the immunity provided in this subsection (b) shall
16apply to any person, institution or agency that fails to make a
17report or disclosure in the good faith belief that the report
18or disclosure would violate federal regulations governing the
19confidentiality of alcohol and drug abuse patient records
20implementing 42 U.S.C. 290dd-3 and 290ee-3.
21 For purposes of this subsection (b) only, the following
22terms shall have the meaning prescribed:
23 (1) (Blank).
24 (1.3) "Clear and present danger" has the meaning as
25 defined in Section 1.1 of the Firearm Owners
26 Identification Card Act.

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1 (1.5) "Person with a developmental disability" has the
2 meaning as defined in Section 1.1 of the Firearm Owners
3 Identification Card Act.
4 (2) "Patient" has the meaning as defined in Section
5 1.1 of the Firearm Owners Identification Card Act.
6 (3) "Mental health facility" has the meaning as
7 defined in Section 1.1 of the Firearm Owners
8 Identification Card Act.
9 (c) Upon the request of a peace officer who takes a person
10into custody and transports such person to a mental health or
11developmental disability facility pursuant to Section 3-606 or
124-404 of the Mental Health and Developmental Disabilities Code
13or who transports a person from such facility, a facility
14director shall furnish said peace officer the name, address,
15age and name of the nearest relative of the person transported
16to or from the mental health or developmental disability
17facility. In no case shall the facility director disclose to
18the peace officer any information relating to the diagnosis,
19treatment or evaluation of the person's mental or physical
20health.
21 For the purposes of this subsection (c), the terms "mental
22health or developmental disability facility", "peace officer"
23and "facility director" shall have the meanings ascribed to
24them in the Mental Health and Developmental Disabilities Code.
25 (d) Upon the request of a peace officer or prosecuting
26authority who is conducting a bona fide investigation of a

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