SB 2364 Illinois Senate · 98th Regular Session

MENTAL HEALTH RECORDS-DISCLOSE

Summary
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the mental health records of a recipient may be disclosed in a civil, criminal or administrative proceeding in response to a subpoena or court order in cases involving sexual assault or sexual abuse when the recipient is the alleged perpetrator of the offense and the disclosure relates directly to the fact or immediate circumstances of the offense, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal may be taken, finds, after an in camera examination, that it is relevant, probative, and otherwise discoverable provided that other satisfactory evidence is not available regarding the facts sought to be established. Provides that a court may enter a protective order to prevent harm from the disclosure of the records. Provides for the redaction of certain information from the records. Provides that if findings are made in accordance with the new provisions, the court shall issue an order authorizing the disclosure of the records of a recipient or the issuance of a subpoena for the records to be delivered to the court for an in camera examination. Provides that the terms "sexual assault" and "sexual abuse" have the meanings given, respectively, to "criminal sexual assault" and "criminal sexual abuse" in the Criminal Code of 2012.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2013
Committee Review
Floor Vote
Governor
Introduced Feb 15, 2013 Last action Jan 13, 2015
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Full legislative history

Actions timeline

Total actions
8
Key actions
0
Committee
4
Jan 13, 2015
Senate · Failed
Session Sine Die
Mar 22, 2013
Senate · Referred to committee
Rule 3-9(a) / Re-referred to Assignments
Mar 19, 2013
Senate · Reported by committee
To Subcommittee on Tort Reform
Mar 5, 2013
Senate · Referred to committee
Assigned to Judiciary
Feb 15, 2013
Senate · Referred to committee
Referred to Assignments
0 primary · 1 co-sponsor

Sponsors

Role
Legislator
Party
State
District
Co
Photo of William R. Haine
William R. Haine
DDemocratic
IL
56