Who sponsors SB 3174?

SB 3174 is sponsored by Ira I. Silverstein, Kurt M. Granberg, Daniel J. Burke, and William J. Grunloh.

Where can I track SB 3174?

Track SB 3174 free on One Click Politics — get push/email alerts when it moves.

Illinois 93rd Regular Session Status: Enacted

SB 3174 — MHDD CONFIDENTIAL-RECORDS

Last action July 15, 2004 — Public Act . . . . . . . . . 93-0751

✓
Introduced
✓
In Committee
✓
Passed Senate
✓
Passed House
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced February 06, 2004. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
4 sponsors

0 primary, 4 co-sponsors signed on.
Cleared a recorded vote

Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Authorizes disclosure of the records of a recipient of mental health or developmental disability services during the course of an assessment authorized by the Abuse of Adults with Disabilities Intervention Act. Effective immediately.

Bill Text

What changed in the latest version

7 added · 7 removed

Plain-language change summary

The recent changes to Bill SB 3174 involved the removal of an earlier version's label and the addition of a final enrolled version, which likely means the bill has completed the legislative process. This transition indicates that the bill is now final and ready for implementation, ensuring that the proposed laws are clear and officially sanctioned. Such clarity is crucial for everyone involved, from lawmakers to the public, as it reinforces transparency and the proper application of the new laws.

SB3174 ~~Engrossed~~Enrolled LRB093 18181 DRJ 43876 b AN ACT concerning civil liabilities.

Except in a criminal proceeding in which the recipient, who SB3174 ~~Engrossed~~Enrolled - 2 - LRB093 18181 DRJ 43876 b is accused in that proceeding, raises the defense of insanity, no record or communication between a therapist and a recipient shall be deemed relevant for purposes of this subsection, except the fact of treatment, the cost of services and the ultimate diagnosis unless the party seeking disclosure of the communication clearly establishes in the trial court a compelling need for its production.

(3) In the event of a claim made or an action filed by a recipient, or, following the recipient’s death, by any party claiming as a beneficiary of the recipient for injury caused in the course of providing services to such recipient, the therapist and other persons whose actions are alleged to have been the cause of injury may disclose pertinent records and communications to an attorney or attorneys engaged to render advice about and to provide SB3174 ~~Engrossed~~Enrolled - 3 - LRB093 18181 DRJ 43876 b representation in connection with such matter and to persons working under the supervision of such attorney or attorneys, and may testify as to such records or communication in any administrative, judicial or discovery proceeding for the purpose of preparing and presenting a defense against such claim or action.

(7) Records and communications of the recipient may be disclosed in any civil or administrative proceeding involving the validity of or benefits under a life, accident, health or disability insurance policy or certificate, or Health Care Service Plan Contract, insuring the recipient, but only if and to the extent that SB3174 ~~Engrossed~~Enrolled - 4 - LRB093 18181 DRJ 43876 b the recipient’s mental condition, or treatment or services in connection therewith, is a material element of any claim or defense of any party, provided that information sought or disclosed shall not be redisclosed except in connection with the proceeding in which disclosure is made.

(11) Records and communications of a recipient shall be disclosed in a proceeding where a petition or motion is filed under the Juvenile Court Act of 1987 and the recipient is named as a parent, guardian, or legal custodian of a minor who is the subject of a petition for wardship as described in Section 2-3 of that Act or a minor who is the subject of a petition for wardship as described in Section 2-4 of that Act alleging the minor is abused, neglected, or dependent or the recipient is named as a parent of a child who is the subject of a petition, supplemental petition, or motion to appoint a guardian with SB3174 ~~Engrossed~~Enrolled - 5 - LRB093 18181 DRJ 43876 b the power to consent to adoption under Section 2-29 of the Juvenile Court Act of 1987.

(c) A recipient’s records and communications may be SB3174 ~~Engrossed~~Enrolled - 6 - LRB093 18181 DRJ 43876 b disclosed to a duly authorized committee, commission or subcommittee of the General Assembly which possesses subpoena and hearing powers, upon a written request approved by a majority vote of the committee, commission or subcommittee members.

(d) No party to any proceeding described under paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a) of this Section, nor his or her attorney, shall serve a subpoena seeking to obtain access to records or communications under this Act unless the subpoena is accompanied by a written order SB3174 ~~Engrossed~~Enrolled - 7 - LRB093 18181 DRJ 43876 b issued by a judge, authorizing the disclosure of the records or the issuance of the subpoena.

Latest

SB3174 ~~Engrossed~~ LRB093 18181 DRJ 43876 b AN ACT concerning civil liabilities.

SB3174 Enrolled LRB093 18181 DRJ 43876 b AN ACT concerning civil liabilities.

Except in a criminal proceeding in which the recipient, who SB3174 ~~Engrossed~~ - 2 - LRB093 18181 DRJ 43876 b is accused in that proceeding, raises the defense of insanity, no record or communication between a therapist and a recipient shall be deemed relevant for purposes of this subsection, except the fact of treatment, the cost of services and the ultimate diagnosis unless the party seeking disclosure of the communication clearly establishes in the trial court a compelling need for its production.

Except in a criminal proceeding in which the recipient, who SB3174 Enrolled - 2 - LRB093 18181 DRJ 43876 b is accused in that proceeding, raises the defense of insanity, no record or communication between a therapist and a recipient shall be deemed relevant for purposes of this subsection, except the fact of treatment, the cost of services and the ultimate diagnosis unless the party seeking disclosure of the communication clearly establishes in the trial court a compelling need for its production.

(3) In the event of a claim made or an action filed by a recipient, or, following the recipient’s death, by any party claiming as a beneficiary of the recipient for injury caused in the course of providing services to such recipient, the therapist and other persons whose actions are alleged to have been the cause of injury may disclose pertinent records and communications to an attorney or attorneys engaged to render advice about and to provide SB3174 ~~Engrossed~~ - 3 - LRB093 18181 DRJ 43876 b representation in connection with such matter and to persons working under the supervision of such attorney or attorneys, and may testify as to such records or communication in any administrative, judicial or discovery proceeding for the purpose of preparing and presenting a defense against such claim or action.

(3) In the event of a claim made or an action filed by a recipient, or, following the recipient’s death, by any party claiming as a beneficiary of the recipient for injury caused in the course of providing services to such recipient, the therapist and other persons whose actions are alleged to have been the cause of injury may disclose pertinent records and communications to an attorney or attorneys engaged to render advice about and to provide SB3174 Enrolled - 3 - LRB093 18181 DRJ 43876 b representation in connection with such matter and to persons working under the supervision of such attorney or attorneys, and may testify as to such records or communication in any administrative, judicial or discovery proceeding for the purpose of preparing and presenting a defense against such claim or action.

(7) Records and communications of the recipient may be disclosed in any civil or administrative proceeding involving the validity of or benefits under a life, accident, health or disability insurance policy or certificate, or Health Care Service Plan Contract, insuring the recipient, but only if and to the extent that SB3174 ~~Engrossed~~ - 4 - LRB093 18181 DRJ 43876 b the recipient’s mental condition, or treatment or services in connection therewith, is a material element of any claim or defense of any party, provided that information sought or disclosed shall not be redisclosed except in connection with the proceeding in which disclosure is made.

(7) Records and communications of the recipient may be disclosed in any civil or administrative proceeding involving the validity of or benefits under a life, accident, health or disability insurance policy or certificate, or Health Care Service Plan Contract, insuring the recipient, but only if and to the extent that SB3174 Enrolled - 4 - LRB093 18181 DRJ 43876 b the recipient’s mental condition, or treatment or services in connection therewith, is a material element of any claim or defense of any party, provided that information sought or disclosed shall not be redisclosed except in connection with the proceeding in which disclosure is made.

(11) Records and communications of a recipient shall be disclosed in a proceeding where a petition or motion is filed under the Juvenile Court Act of 1987 and the recipient is named as a parent, guardian, or legal custodian of a minor who is the subject of a petition for wardship as described in Section 2-3 of that Act or a minor who is the subject of a petition for wardship as described in Section 2-4 of that Act alleging the minor is abused, neglected, or dependent or the recipient is named as a parent of a child who is the subject of a petition, supplemental petition, or motion to appoint a guardian with SB3174 ~~Engrossed~~ - 5 - LRB093 18181 DRJ 43876 b the power to consent to adoption under Section 2-29 of the Juvenile Court Act of 1987.

(11) Records and communications of a recipient shall be disclosed in a proceeding where a petition or motion is filed under the Juvenile Court Act of 1987 and the recipient is named as a parent, guardian, or legal custodian of a minor who is the subject of a petition for wardship as described in Section 2-3 of that Act or a minor who is the subject of a petition for wardship as described in Section 2-4 of that Act alleging the minor is abused, neglected, or dependent or the recipient is named as a parent of a child who is the subject of a petition, supplemental petition, or motion to appoint a guardian with SB3174 Enrolled - 5 - LRB093 18181 DRJ 43876 b the power to consent to adoption under Section 2-29 of the Juvenile Court Act of 1987.

(c) A recipient’s records and communications may be SB3174 ~~Engrossed~~ - 6 - LRB093 18181 DRJ 43876 b disclosed to a duly authorized committee, commission or subcommittee of the General Assembly which possesses subpoena and hearing powers, upon a written request approved by a majority vote of the committee, commission or subcommittee members.

(c) A recipient’s records and communications may be SB3174 Enrolled - 6 - LRB093 18181 DRJ 43876 b disclosed to a duly authorized committee, commission or subcommittee of the General Assembly which possesses subpoena and hearing powers, upon a written request approved by a majority vote of the committee, commission or subcommittee members.

(d) No party to any proceeding described under paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a) of this Section, nor his or her attorney, shall serve a subpoena seeking to obtain access to records or communications under this Act unless the subpoena is accompanied by a written order SB3174 ~~Engrossed~~ - 7 - LRB093 18181 DRJ 43876 b issued by a judge, authorizing the disclosure of the records or the issuance of the subpoena.

(d) No party to any proceeding described under paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a) of this Section, nor his or her attorney, shall serve a subpoena seeking to obtain access to records or communications under this Act unless the subpoena is accompanied by a written order SB3174 Enrolled - 7 - LRB093 18181 DRJ 43876 b issued by a judge, authorizing the disclosure of the records or the issuance of the subpoena.

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Action History

July 15, 2004
Public Act . . . . . . . . . 93-0751
July 15, 2004
Effective Date July 15, 2004
July 15, 2004
Governor Approved
June 10, 2004
Sent to the Governor
May 12, 2004
Passed Both Houses
May 12, 2004
Third Reading - Short Debate - Passed 115-000-000
May 11, 2004
Added Alternate Co-Sponsor Rep. William J. Grunloh
May 04, 2004
Added Alternate Chief Co-Sponsor Rep. Monique D. Davis
May 04, 2004
Placed on Calendar Order of 3rd Reading - Short Debate
May 04, 2004
Second Reading - Short Debate
April 29, 2004
Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock
April 29, 2004
Placed on Calendar 2nd Reading - Short Debate
April 29, 2004
Do Pass / Short Debate Developmental Disabilities and Mental Illness Committee; 009-000-000
April 20, 2004
Assigned to Developmental Disabilities and Mental Illness Committee
April 02, 2004
Added Alternate Chief Co-Sponsor Rep. Eddie Washington
April 01, 2004
Added Alternate Chief Co-Sponsor Rep. Dave Winters
March 31, 2004
Added Alternate Co-Sponsor Rep. Daniel J. Burke
March 31, 2004
Added Alternate Co-Sponsor Rep. Kurt M. Granberg
March 29, 2004
Referred to Rules Committee
March 29, 2004
First Reading
March 29, 2004
Chief House Sponsor Rep. Lou Lang
March 26, 2004
Placed on Calendar Order of First Reading
March 26, 2004
Arrived in House
March 26, 2004
Third Reading - Passed; 057-000-000
March 26, 2004
Added as Chief Co-Sponsor Sen. Mattie Hunter
March 26, 2004
Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins
March 26, 2004
Added as Chief Co-Sponsor Sen. M. Maggie Crotty
March 25, 2004
Placed on Calendar Order of 3rd Reading March 26, 2004
March 25, 2004
Second Reading
March 23, 2004
Added as Chief Co-Sponsor Sen. Donne E. Trotter
March 08, 2004
Added as Co-Sponsor Sen. Antonio Munoz
February 26, 2004
Placed on Calendar Order of 2nd Reading March 2, 2004
February 26, 2004
Do Pass Executive; 012-000-000
February 18, 2004
Assigned to Executive
February 06, 2004
Referred to Rules
February 06, 2004
First Reading
February 06, 2004
Filed with Secretary by Sen. Ira I. Silverstein

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 4 co-sponsors · 179 not signed on

Sponsors (0)

None.

Co-sponsors (4)

Ira I. Silverstein
Kurt M. Granberg
Daniel J. Burke
William J. Grunloh

Not signed on (179)

179 members have not signed on to this bill.

Show all 179 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

May 12, 2004

Passed 115 Yea · 0 Nay · 3 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	104	0	0	2
Democrat	8	0	0	1
Republican	3	0	0	0
Total	115	0	0	3
% of votes cast	97%	0%	0%	3%

How each member voted (118)

Member	Party	Vote
Saviano	—	Yea
Schmitz	—	Yea
Scully	—	Yea
Slone	—	Yea
Sommer	—	Yea
Soto	—	Yea
Acevedo	—	Yea
Aguilar	—	Yea
Bassi	—	Yea
Beaubien	—	Yea
Bellock	—	Yea
Berrios	—	Yea
Mautino	—	Yea
Biggins	—	Yea
Black	—	Yea
Boland	—	Yea
May	—	Yea
Bost	—	Yea
Brauer	—	Yea
Brosnahan	—	Yea
Capparelli	—	Yea
McAuliffe	—	Yea
Morrow	—	Yea
Myers	—	Yea
Jakobsson	—	Yea
Osterman	—	Yea
Eddy	—	Yea
Kurtz	—	Yea
Lang	—	Yea
Leitch	—	Yea
Lindner	—	Yea
Parke	—	Yea
Phelps	—	Yea
Bailey	—	Yea
Lyons, Eileen	—	Yea
Dugan	—	Yea
Dunkin	—	Yea
Dunn	—	Yea
Mathias	—	Yea
Reitz	—	Yea
Lyons, Joseph	—	Yea
McCarthy	—	Yea
McKeon	—	Yea
Mendoza	—	Yea
Meyer	—	Yea
Millner	—	Yea
Moffitt	—	Yea
Molaro	—	Yea
Mulligan	—	Yea
Munson	—	Yea
Tenhouse	—	Yea
Turner	—	Yea
McGuire	—	Yea
Verschoore	—	Yea
Bradley, John	—	Yea
Wait	—	Yea
Bradley, Richard	—	Yea
Washington	—	Yea
Brady	—	Yea
Burke	—	Yea
Mitchell, Bill	—	Yea
Hannig	—	Yea
Sullivan	—	Yea
Mitchell, Jerry	—	Yea
Howard	—	Yea
Churchill	—	Yea
Colvin	—	Yea
Coulson	—	Yea
Cross	—	Yea
Flider	—	Yea
Flowers	—	Yea
Franks	—	Yea
Fritchey	—	Yea
Froehlich	—	Yea
Giles	—	Yea
Gordon	—	Yea
Graham	—	Yea
Granberg	—	Yea
Grunloh	—	Yea
Hamos	—	Yea
Hassert	—	Yea
Holbrook	—	Yea
Watson	—	Yea
Krause	—	Yea
Jones	—	Yea
Madigan	—	Yea
Davis, Monique	—	Yea
Davis, Steve	—	Yea
Nekritz	—	Yea
Osmond	—	Yea
Pankau	—	Yea
Winters	—	Yea
Yarbrough	—	Yea
Younge	—	Yea
Cultra	—	Yea
Currie	—	Yea
Daniels	—	Yea
Hultgren	—	Not Voting
Jefferson	—	Yea
Kosel	—	Yea
Pihos	—	Yea
Poe	—	Not Voting
Pritchard	—	Yea
Ryg	—	Yea
Sacia	—	Yea
Chapa LaVia	—	Yea
Eva-Dina Delgado	Democrat	Yea
Jay Hoffman	Democrat	Not Voting
Lakesia Collins	Democrat	Yea
Michael J. Kelly	Democrat	Yea
Nicholas K. Smith	Democrat	Yea
Patrick J. Joyce	Democrat	Yea
Robert "Bob" Rita	Democrat	Yea
Sara Feigenholtz	Democrat	Yea
William "Will" Davis	Democrat	Yea
Brad Stephens	Republican	Yea
Chapin Rose	Republican	Yea
Chris Miller	Republican	Yea

Official roll call →

Third Reading

March 26, 2004

Passed 57 Yea · 0 Nay · 2 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	50	0	0	1
Democrat	7	0	0	0
Republican	0	0	0	1
Total	57	0	0	2
% of votes cast	97%	0%	0%	3%

How each member voted (59)

Member	Party	Vote
Sandoval	—	Yea
Silverstein	—	Yea
Soden	—	Yea
Lauzen	—	Yea
Link	—	Yea
Maloney	—	Yea
Althoff	—	Yea
Martinez	—	Yea
Bomke	—	Yea
Burzynski	—	Yea
Forby	—	Yea
Geo-Karis	—	Yea
Halvorson	—	Yea
Munoz	—	Yea
Luechtefeld	—	Yea
Brady	—	Yea
Sullivan, D.	—	Yea
Meeks	—	Yea
Obama	—	Yea
Sullivan, J.	—	Yea
Petka	—	Yea
Peterson	—	Yea
Jacobs	—	Yea
Jones, J.	—	Yea
Radogno	—	Yea
Jones, W.	—	Yea
Cullerton	—	Yea
Watson	—	Yea
Schoenberg	—	Yea
Shadid	—	Yea
Sieben	—	Yea
Demuzio	—	Not Voting
Trotter	—	Yea
Viverito	—	Yea
Clayborne	—	Yea
Cronin	—	Yea
Crotty	—	Yea
DeLeo	—	Yea
Dillard	—	Yea
Garrett	—	Yea
Haine	—	Yea
Hendon	—	Yea
Winkel	—	Yea
Wojcik	—	Yea
Rauschenberger	—	Yea
Righter	—	Yea
Risinger	—	Yea
Ronen	—	Yea
Roskam	—	Yea
Rutherford	—	Yea
del Valle	—	Yea
Don Harmon	Democrat	Yea
Emanuel "Chris" Welch	Democrat	Yea
Emil Jones, III	Democrat	Yea
Kimberly A. Lightford	Democrat	Yea
Lakesia Collins	Democrat	Yea
Lawrence "Larry" Walsh, Jr.	Democrat	Yea
Mattie Hunter	Democrat	Yea
Dave Syverson	Republican	Not Voting

Official roll call →

Subjects

civil-rights healthcare

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3174 do?: Amends the Mental Health and Developmental Disabilities Confidentiality Act. Authorizes disclosure of the records of a recipient of mental health or developmental disability services during the course of an assessment authorized by the Abuse of Adults with Disabilities Intervention Act. Effective immediately.
Who sponsors SB 3174?: SB 3174 is sponsored by Ira I. Silverstein, Kurt M. Granberg, Daniel J. Burke, and William J. Grunloh.
What is the current status of SB 3174?: This bill has been enacted into law. Introduced February 06, 2004. Enacted.
Where can I track SB 3174?: Track SB 3174 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: SB 3174
Jurisdiction: Illinois
Session: 93rd Regular Session
Type: Bill
Introduced: February 06, 2004
Status: Enacted
Prime sponsor: Ira I. Silverstein

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