Bill Text: IL SB1711 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2019-05-10 - Rule 19(a) / Re-referred to Rules Committee [SB1711 Detail]

Download: Illinois-2019-SB1711-Engrossed.html



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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 person
9is determined to pose a clear and present danger to himself,
10herself, or to others by a physician, clinical psychologist, or
11qualified examiner, whether employed by the State, by any
12public or private mental health facility or part thereof, or by
13a law enforcement official or a school administrator, then the
14physician, clinical psychologist, qualified examiner shall
15notify the Department of Human Services and a law enforcement
16official or school administrator shall notify the Department of
17State Police, within 24 hours of making the determination that
18the person poses a clear and present danger. The Department of
19Human Services shall immediately update its records and
20information relating to mental health and developmental
21disabilities, and if appropriate, shall notify the Department
22of State Police in a form and manner prescribed by the
23Department of State Police. Information disclosed under this

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1Section shall remain privileged and confidential, and shall not
2be redisclosed, except as required under subsection (e) of
3Section 3.1 of the Firearm Owners Identification Card Act, nor
4used for any other purpose. The method of providing this
5information shall guarantee that the information is not
6released beyond that which is necessary for the purpose of this
7Section and shall be provided by rule by the Department of
8Human Services. The identity of the person reporting under this
9Section shall not be disclosed to the subject of the report.
10The physician, clinical psychologist, qualified examiner, law
11enforcement official, or school administrator making the
12determination and his or her employer shall not be held
13criminally, civilly, or professionally liable for making or not
14making the notification required under this Section, except for
15willful or wanton misconduct. The Department of State Police
16shall annually compile and submit a report to the Governor and
17General Assembly no later than May 31 of each calendar year on
18the number of persons reported under this Section as posing a
19clear and present danger to themselves or others by persons
20required to report that information to the Department of State
21Police under this Section. The report shall be based on
22information submitted by each county, municipality, public
23elementary or secondary school, private elementary or
24secondary school, or public or private community college,
25college, or university of this State without disclosing
26individual identifying information of the persons who pose the

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1clear and present danger to themselves or others. If the person
2who poses the clear and present danger is reported by home
3address and the person attends a school, college, or
4university, then the compilation shall only include that
5individual once in the report for the total annual compilation.
6This Section does not apply to a law enforcement official, if
7making the notification under this Section will interfere with
8an 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.)
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