Bill Text: IL HB4774 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Local Government and Governmental Employees Tort Immunity Act. Deletes language providing that neither a local public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental or physical illness or addiction or from failing to prescribe for mental or physical illness or addiction.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4774 Detail]

Download: Illinois-2019-HB4774-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4774 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
745 ILCS 10/6-106 from Ch. 85, par. 6-106
Amends the Local Government and Governmental Employees Tort Immunity Act. Deletes language providing that neither a local public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted with mental or physical illness or addiction or from failing to prescribe for mental or physical illness or addiction.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by changing Section
6-106 as follows:
(745 ILCS 10/6-106) (from Ch. 85, par. 6-106)
Sec. 6-106. Immunity related to incidents involving mental
or physical illness or addiction.
(a) (Blank). Neither a local public entity nor a public
employee acting within the scope of his employment is liable
for injury resulting from diagnosing or failing to diagnose
that a person is afflicted with mental or physical illness or
addiction or from failing to prescribe for mental or physical
illness or addiction.
(b) Neither a local public entity nor a public employee
acting within the scope of his or her employment is liable for
administering with due care the treatment prescribed for mental
or physical illness or addiction.
(c) Nothing in this Section section exonerates a public
employee who has undertaken to prescribe for mental or physical
illness or addiction from liability for injury proximately
caused by his or her negligence or by his or her wrongful act

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in so prescribing or exonerates a local public entity whose
employee, while acting in the scope of his or her employment,
so causes such an injury.
(d) Nothing in this Section section exonerates a public
employee from liability for injury proximately caused by his or
her negligent or wrongful act or omission in administering any
treatment prescribed for mental or physical illness or
addiction or exonerates a local public entity whose employee,
while acting in the scope of his or her employment, so causes
such an injury.
(Source: Laws 1965, p. 2983.)