104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2404

Introduced 2/7/2025, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

740 ILCS 110/12 from Ch. 91 1/2, par. 812

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Requires any physician, clinical psychologist, or qualified examiner evaluating a patient on whether the patient qualifies to receive a FOID card or have one revoked to be trained and certified in mental illness and treating suicidal tendencies. Requires that each patient must undergo a minimum number of evaluations before such a determination may be made as adopted by rule by the Department of Human Services.

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A BILL FOR

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1 AN ACT concerning civil law.

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 Confidentiality Act is amended by changing

6 Section 12 as follows:

7 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

8 Sec. 12. (a) If the United States Secret Service or the

9 Illinois State Police requests information from a mental

10 health or developmental disability facility, as defined in

11 Section 1-107 and 1-114 of the Mental Health and Developmental

12 Disabilities Code, relating to a specific recipient and the

13 facility director determines that disclosure of such

14 information may be necessary to protect the life of, or to

15 prevent the infliction of great bodily harm to, a public

16 official, or a person under the protection of the United

17 States Secret Service, only the following information may be

18 disclosed: the recipient's name, address, and age and the date

19 of any admission to or discharge from a facility; and any

20 information which would indicate whether or not the recipient

21 has a history of violence or presents a danger of violence to

22 the person under protection. Any information so disclosed

23 shall be used for investigative purposes only and shall not be

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1 publicly disseminated. Any person participating in good faith

2 in the disclosure of such information in accordance with this

3 provision shall have immunity from any liability, civil,

4 criminal or otherwise, if such information is disclosed

5 relying upon the representation of an officer of the United

6 States Secret Service or the Illinois State Police that a

7 person is under the protection of the United States Secret

8 Service or is a public official.

9 For the purpose of this subsection (a), the term "public

10 official" means the Governor, Lieutenant Governor, Attorney

11 General, Secretary of State, State Comptroller, State

12 Treasurer, member of the General Assembly, member of the

13 United States Congress, Judge of the United States as defined

14 in 28 U.S.C. 451, Justice of the United States as defined in 28

15 U.S.C. 451, United States Magistrate Judge as defined in 28

16 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

17 Supreme, Appellate, Circuit, or Associate Judge of the State

18 of Illinois. The term shall also include the spouse, child or

19 children of a public official.

20 (b) The Department of Human Services (acting as successor

21 to the Department of Mental Health and Developmental

22 Disabilities) and all public or private hospitals and mental

23 health facilities are required, as hereafter described in this

24 subsection, to furnish the Illinois State Police only such

25 information as may be required for the sole purpose of

26 determining whether an individual who may be or may have been a

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1 patient is disqualified because of that status from receiving

2 or retaining a Firearm Owner's Identification Card or falls

3 within the federal prohibitors under subsection (e), (f), (g),

4 (r), (s), or (t) of Section 8 of the Firearm Owners

5 Identification Card Act, or falls within the federal

6 prohibitors in 18 U.S.C. 922(g) and (n). All physicians,

7 clinical psychologists, or qualified examiners at public or

8 private mental health facilities or parts thereof as defined

9 in this subsection shall, in the form and manner required by

10 the Department, provide notice directly to the Department of

11 Human Services, or to his or her employer who shall then report

12 to the Department, within 24 hours after determining that a

13 person poses a clear and present danger to himself, herself,

14 or others, or within 7 days after a person 14 years or older is

15 determined to be a person with a developmental disability by a

16 physician, clinical psychologist, or qualified examiner as

17 described in Section 1.1 of the Firearm Owners Identification

18 Card Act. Any physician, clinical psychologist, or qualified

19 examiner evaluating a patient under this Section must be

20 trained and certified in mental illness and treating suicidal

21 tendencies. The Department of Human Services must adopt rules

22 providing the minimum number of evaluations a patient must

23 receive under this Section. If a person is a patient as

24 described in clause (1) of the definition of "patient" in

25 Section 1.1 of the Firearm Owners Identification Card Act,

26 this information shall be furnished within 7 days after

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1 admission to a public or private hospital or mental health

2 facility or the provision of services. Any such information

3 disclosed under this subsection shall remain privileged and

4 confidential, and shall not be redisclosed, except as required

5 by subsection (e) of Section 3.1 of the Firearm Owners

6 Identification Card Act, nor utilized for any other purpose.

7 The method of requiring the providing of such information

8 shall guarantee that no information is released beyond what is

9 necessary for this purpose. In addition, the information

10 disclosed shall be provided by the Department within the time

11 period established by Section 24-3 of the Criminal Code of

12 2012 regarding the delivery of firearms. The method used shall

13 be sufficient to provide the necessary information within the

14 prescribed time period, which may include periodically

15 providing lists to the Department of Human Services or any

16 public or private hospital or mental health facility of

17 Firearm Owner's Identification Card applicants on which the

18 Department or hospital shall indicate the identities of those

19 individuals who are to its knowledge disqualified from having

20 a Firearm Owner's Identification Card for reasons described

21 herein. The Department may provide for a centralized source of

22 information for the State on this subject under its

23 jurisdiction. The identity of the person reporting under this

24 subsection shall not be disclosed to the subject of the

25 report. For the purposes of this subsection, the physician,

26 clinical psychologist, or qualified examiner making the

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1 determination and his or her employer shall not be held

2 criminally, civilly, or professionally liable for making or

3 not making the notification required under this subsection,

4 except for willful or wanton misconduct.

5 Any person, institution, or agency, under this Act,

6 participating in good faith in the reporting or disclosure of

7 records and communications otherwise in accordance with this

8 provision or with rules, regulations or guidelines issued by

9 the Department shall have immunity from any liability, civil,

10 criminal or otherwise, that might result by reason of the

11 action. For the purpose of any proceeding, civil or criminal,

12 arising out of a report or disclosure in accordance with this

13 provision, the good faith of any person, institution, or

14 agency so reporting or disclosing shall be presumed. The full

15 extent of the immunity provided in this subsection (b) shall

16 apply to any person, institution or agency that fails to make a

17 report or disclosure in the good faith belief that the report

18 or disclosure would violate federal regulations governing the

19 confidentiality of alcohol and drug abuse patient records

20 implementing 42 U.S.C. 290dd-3 and 290ee-3.

21 For purposes of this subsection (b) only, the following

22 terms 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

10 into custody and transports such person to a mental health or

11 developmental disability facility pursuant to Section 3-606 or

12 4-404 of the Mental Health and Developmental Disabilities Code

13 or who transports a person from such facility, a facility

14 director shall furnish said peace officer the name, address,

15 age and name of the nearest relative of the person transported

16 to or from the mental health or developmental disability

17 facility. In no case shall the facility director disclose to

18 the peace officer any information relating to the diagnosis,

19 treatment or evaluation of the person's mental or physical

20 health.

21 For the purposes of this subsection (c), the terms "mental

22 health or developmental disability facility", "peace officer"

23 and "facility director" shall have the meanings ascribed to

24 them in the Mental Health and Developmental Disabilities Code.

25 (d) Upon the request of a peace officer or prosecuting

26 authority who is conducting a bona fide investigation of a

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