104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026
HB4999

Introduced , by Rep. Bob Morgan

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. In provisions requiring specified medical and mental health professionals to notify the Department of Human Services whenever they determine a person who is under their professional care poses a clear and present danger to himself or herself, provides that the identity of the reporter shall not be disclosed to the subject of the report unless ordered by the Firearm Owner's Identification Card Review Board or a court with appropriate jurisdiction in accordance with the Firearm Owners Identification Card Act. Provides that the Department of Human Services and its employees or agents shall not be held liable for damages in any civil action arising from the disclosure or non-disclosure of the information released in accordance with the Firearm Owners Identification Card Act. Adds similar provisions to the Mental Health and Developmental Disabilities Confidentiality Act.

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A BILL FOR

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1 AN ACT concerning mental 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

9 person is determined to pose a clear and present danger to

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

11 psychologist, advanced practice psychiatric nurse, or

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

13 public or private mental health facility or part thereof, or

14 by a law enforcement official or a school administrator, then

15 the physician, clinical psychologist, advanced practice

16 psychiatric nurse, or qualified examiner shall notify the

17 Department of Human Services and a law enforcement official or

18 school administrator shall notify the Illinois State Police,

19 within 24 hours of making the determination that the person

20 poses a clear and present danger. The Department of Human

21 Services shall immediately update its records and information

22 relating to mental health and developmental disabilities, and

23 if appropriate, shall notify the Illinois State Police in a

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1 form and manner prescribed by the Illinois State Police.

2 Information disclosed under this Section shall remain

3 privileged and confidential, and shall not be redisclosed,

4 except as required under subsection (e) of Section 3.1 of the

5 Firearm Owners Identification Card Act, nor used for any other

6 purpose. The method of providing this information shall

7 guarantee that the information is not released beyond that

8 which is necessary for the purpose of this Section and shall be

9 provided by rule by the Department of Human Services.

10 Notwithstanding any other provision of this Act or any other

11 law to the contrary, the ~~The~~ identity of the person reporting

12 under this Section shall not be disclosed to the subject of the

13 report unless ordered by the Firearm Owner's Identification

14 Card Review Board or a court with appropriate jurisdiction in

15 accordance with Section 10 of the Firearm Owners

16 Identification Card Act. The physician, clinical psychologist,

17 advanced practice psychiatric nurse, qualified examiner, law

18 enforcement official, or school administrator making the

19 determination and his or her employer shall not be held

20 criminally, civilly, or professionally liable for making or

21 not making the notification required under this Section,

22 except for willful or wanton misconduct. The Department of

23 Human Services and its employees or agents shall not be held

24 liable for damages in any civil action arising from the

25 disclosure or non-disclosure of the information released to an

26 individual in accordance with Section 10 of the Firearm Owners

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1 Identification Card Act. This Section does not apply to a law

2 enforcement official, if making the notification under this

3 Section will interfere with an ongoing or pending criminal

4 investigation.

5 For the purposes of this Section:

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

7 it in Section 1.1 of the Firearm Owners Identification

8 Card Act.

9 "Determined to pose a clear and present danger to

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

11 psychologist, advanced practice psychiatric nurse, or

12 qualified examiner" means in the professional opinion of

13 the physician, clinical psychologist, advanced practice

14 psychiatric nurse, or qualified examiner, a person, with

15 whom the physician, psychologist, nurse, or examiner has a

16 formal relationship in his or her official capacity, poses

17 a clear and present danger.

18 "School administrator" means the person required to

19 report under the School Administrator Reporting of Mental

20 Health Clear and Present Danger Determinations Law.

21 (Source: P.A. 104-270, eff. 8-15-25.)

22 Section 10. The Mental Health and Developmental

23 Disabilities Confidentiality Act is amended by changing

24 Section 12 as follows:

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

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

3 Illinois State Police requests information from a mental

4 health or developmental disability facility, as defined in

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

6 Disabilities Code, relating to a specific recipient and the

7 facility director determines that disclosure of such

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

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

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

11 States Secret Service, only the following information may be

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

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

14 information which would indicate whether or not the recipient

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

16 the person under protection. Any information so disclosed

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

18 publicly disseminated. Any person participating in good faith

19 in the disclosure of such information in accordance with this

20 provision shall have immunity from any liability, civil,

21 criminal or otherwise, if such information is disclosed

22 relying upon the representation of an officer of the United

23 States Secret Service or the Illinois State Police that a

24 person is under the protection of the United States Secret

25 Service or is a public official.

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

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1 official" means the Governor, Lieutenant Governor, Attorney

2 General, Secretary of State, State Comptroller, State

3 Treasurer, member of the General Assembly, member of the

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

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

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

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

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

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

10 children of a public official.

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

12 to the Department of Mental Health and Developmental

13 Disabilities) and all public or private hospitals and mental

14 health facilities are required, as hereafter described in this

15 subsection, to furnish the Illinois State Police only such

16 information as may be required for the sole purpose of

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

18 patient is disqualified because of that status from receiving

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

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

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

22 Identification Card Act, or falls within the federal

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

24 clinical psychologists, or qualified examiners at public or

25 private mental health facilities or parts thereof as defined

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

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1 the Department, provide notice directly to the Department of

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

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

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

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

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

7 physician, clinical psychologist, or qualified examiner as

8 described in Section 1.1 of the Firearm Owners Identification

9 Card Act. If a person is a patient as described in clause (1)

10 of the definition of "patient" in Section 1.1 of the Firearm

11 Owners Identification Card Act, this information shall be

12 furnished within 7 days after admission to a public or private

13 hospital or mental health facility or the provision of

14 services. Any such information disclosed under this subsection

15 shall remain privileged and confidential, and shall not be

16 redisclosed, except as required by subsection (e) of Section

17 3.1 of the Firearm Owners Identification Card Act, nor

18 utilized for any other purpose. The method of requiring the

19 providing of such information shall guarantee that no

20 information is released beyond what is necessary for this

21 purpose. In addition, the information disclosed shall be

22 provided by the Department within the time period established

23 by Section 24-3 of the Criminal Code of 2012 regarding the

24 delivery of firearms. The method used shall be sufficient to

25 provide the necessary information within the prescribed time

26 period, which may include periodically providing lists to the

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1 Department of Human Services or any public or private hospital

2 or mental health facility of Firearm Owner's Identification

3 Card applicants on which the Department or hospital shall

4 indicate the identities of those individuals who are to its

5 knowledge disqualified from having a Firearm Owner's

6 Identification Card for reasons described herein. The

7 Department may provide for a centralized source of information

8 for the State on this subject under its jurisdiction.

9 Notwithstanding any other provision of this Act or any other

10 law to the contrary, the ~~The~~ identity of the person reporting

11 under this subsection shall not be disclosed to the subject of

12 the report unless ordered by the Firearm Owner's

13 Identification Card Review Board or a court with appropriate

14 jurisdiction in accordance with Section 10 of the Firearm

15 Owners Identification Card Act. For the purposes of this

16 subsection, the physician, clinical psychologist, or qualified

17 examiner making the determination and his or her employer

18 shall not be held criminally, civilly, or professionally

19 liable for making or not making the notification required

20 under this subsection, except for willful or wanton

21 misconduct. The Department of Human Services and its employees

22 or agents shall not be held liable for damages in any civil

23 action arising from the disclosure or non-disclosure of the

24 information released to an individual in accordance with

25 Section 10 of the Firearm Owners Identification Card Act.

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

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1 participating in good faith in the reporting or disclosure of

2 records and communications otherwise in accordance with this

3 provision or with rules, regulations or guidelines issued by

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

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

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

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

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

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

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

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

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

13 or disclosure would violate federal regulations governing the

14 confidentiality of alcohol and drug abuse patient records

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

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

17 terms shall have the meaning prescribed:

18 (1) (Blank).

19 (1.3) "Clear and present danger" has the meaning as

20 defined in Section 1.1 of the Firearm Owners

21 Identification Card Act.

22 (1.5) "Person with a developmental disability" has the

23 meaning as defined in Section 1.1 of the Firearm Owners

24 Identification Card Act.

25 (2) "Patient" has the meaning as defined in Section

26 1.1 of the Firearm Owners Identification Card Act.

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1 (3) "Mental health facility" has the meaning as

2 defined in Section 1.1 of the Firearm Owners

3 Identification Card Act.

4 (c) Upon the request of a peace officer who takes a person

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

6 developmental disability facility pursuant to Section 3-606 or

7 4-404 of the Mental Health and Developmental Disabilities Code

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

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

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

11 to or from the mental health or developmental disability

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

13 the peace officer any information relating to the diagnosis,

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

15 health.

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

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

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

19 them in the Mental Health and Developmental Disabilities Code.

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

21 authority who is conducting a bona fide investigation of a

22 criminal offense, or attempting to apprehend a fugitive from

23 justice, a facility director may disclose whether a person is

24 present at the facility. Upon request of a peace officer or

25 prosecuting authority who has a valid forcible felony warrant

26 issued, a facility director shall disclose: (1) whether the

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1 person who is the subject of the warrant is present at the

2 facility and (2) the date of that person's discharge or future

3 discharge from the facility. The requesting peace officer or

4 prosecuting authority must furnish a case number and the

5 purpose of the investigation or an outstanding arrest warrant

6 at the time of the request. Any person, institution, or agency

7 participating in good faith in disclosing such information in

8 accordance with this subsection (d) is immune from any

9 liability, civil, criminal or otherwise, that might result by

10 reason of the action.

11 (Source: P.A. 102-538, eff. 8-20-21.)