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HB2356 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2356

Introduced 2/4/2025, by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

405 ILCS 5/6-103.3

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.
LRB104 06151 KTG 16185 b

A BILL FOR

HB2356
LRB104 06151 KTG 16185 b
1

AN ACT concerning 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, or qualified examiner, whether employed by the
12
State, by any public or private mental health facility or part
13
thereof, or by a law enforcement official or a school
14
administrator, then the physician, clinical psychologist,
or

15
qualified examiner shall notify the Department of Human
16
Services and a law enforcement official or school
17
administrator shall notify the Illinois State Police
and the
18
appropriate local law enforcement agency
, within 24 hours of
19
making the determination that the person poses a clear and
20
present danger. The Department of Human Services shall
21
immediately update its records and information relating to
22
mental health and developmental disabilities, and if
23
appropriate, shall notify the Illinois State Police in a form

HB2356
- 2 -
LRB104 06151 KTG 16185 b
1
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. The
10
identity of the person reporting under this Section shall not
11
be disclosed to the subject of the report. The physician,
12
clinical psychologist, qualified examiner, law enforcement
13
official, or school administrator making the determination and
14
his or her employer shall not be held criminally, civilly, or
15
professionally liable for making or not making the
16
notification required under this Section, except for willful
17
or wanton misconduct. This Section does not apply to a law
18
enforcement official, if making the notification under this
19
Section will interfere with an ongoing or pending criminal
20
investigation.
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

HB2356
- 3 -
LRB104 06151 KTG 16185 b
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.)

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