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HB 4999

Illinois HouseIn House Committee

Summary

HB 4999, “MHDD CD-DISCLOSURE EXCEPTION”, was introduced in the House on Feb 4, 2026 by Rep. Bob Morgan (D). It was referred to Rules, and last saw action on May 31, 2026: Rule 19(a) / Re-referred to Rules Committee.


Record

Text

HB 4999 has 1 roll call.

hb4999/introduced.txt
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Full Text of HB4999
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HB4999 - 104th General Assembly
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House Amendment 001
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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.
LRB104 18657 KTG 32100 b
A BILL FOR
HB4999 LRB104 18657 KTG 32100 b
AN ACT concerning mental health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 6-103.3 as
follows:
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice. If a
person is determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, advanced practice psychiatric nurse, 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, advanced practice
psychiatric nurse, or qualified examiner shall notify the
Department of Human Services and a law enforcement official or
school administrator shall notify the Illinois State Police,
within 24 hours of making the determination that the person
poses a clear and present danger. The Department of Human
Services shall immediately update its records and information
relating to mental health and developmental disabilities, and
if appropriate, shall notify the Illinois State Police in a
HB4999 - 2 - LRB104 18657 KTG 32100 b
form and manner prescribed by the Illinois State Police.
Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act, nor used for any other
purpose. The method of providing this information shall
guarantee that the information is not released beyond that
which is necessary for the purpose of this Section and shall be
provided by rule by the Department of Human Services.
Notwithstanding any other provision of this Act or any other
law to the contrary, the [The] identity of the person reporting
under this Section 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 Section 10 of the Firearm Owners
Identification Card Act. The physician, clinical psychologist,
advanced practice psychiatric nurse, qualified examiner, law
enforcement official, or school administrator making the
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or
not making the notification required under this Section,
except for willful or wanton misconduct. 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 to an
individual in accordance with Section 10 of the Firearm Owners
HB4999 - 3 - LRB104 18657 KTG 32100 b
Identification Card Act. This Section does not apply to a law
enforcement official, if making the notification under this
Section will interfere with an ongoing or pending criminal
investigation.
For the purposes of this Section:
"Clear and present danger" has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification
Card Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, advanced practice psychiatric nurse, or
qualified examiner" means in the professional opinion of
the physician, clinical psychologist, advanced practice
psychiatric nurse, or qualified examiner, a person, with
whom the physician, psychologist, nurse, or examiner has a
formal relationship in his or her official capacity, poses
a clear and present danger.
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.
(Source: P.A. 104-270, eff. 8-15-25.)
Section 10. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 12 as follows:
HB4999 - 4 - LRB104 18657 KTG 32100 b
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Illinois State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, relating to a specific recipient and the
facility director determines that disclosure of such
information may be necessary to protect the life of, or to
prevent the infliction of great bodily harm to, a public
official, or a person under the protection of the United
States Secret Service, only the following information may be
disclosed: the recipient's name, address, and age and the date
of any admission to or discharge from a facility; and any
information which would indicate whether or not the recipient
has a history of violence or presents a danger of violence to
the person under protection. Any information so disclosed
shall be used for investigative purposes only and shall not be
publicly disseminated. Any person participating in good faith
in the disclosure of such information in accordance with this
provision shall have immunity from any liability, civil,
criminal or otherwise, if such information is disclosed
relying upon the representation of an officer of the United
States Secret Service or the Illinois State Police that a
person is under the protection of the United States Secret
Service or is a public official.
For the purpose of this subsection (a), the term "public
HB4999 - 5 - LRB104 18657 KTG 32100 b
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer, member of the General Assembly, member of the
United States Congress, Judge of the United States as defined
in 28 U.S.C. 451, Justice of the United States as defined in 28
U.S.C. 451, United States Magistrate Judge as defined in 28
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
Supreme, Appellate, Circuit, or Associate Judge of the State
of Illinois. The term shall also include the spouse, child or
children of a public official.
(b) The Department of Human Services (acting as successor
to the Department of Mental Health and Developmental
Disabilities) and all public or private hospitals and mental
health facilities are required, as hereafter described in this
subsection, to furnish the Illinois State Police only such
information as may be required for the sole purpose of
determining whether an individual who may be or may have been a
patient is disqualified because of that status from receiving
or retaining a Firearm Owner's Identification Card or falls
within the federal prohibitors under subsection (e), (f), (g),
(r), (s), or (t) of Section 8 of the Firearm Owners
Identification Card Act, or falls within the federal
prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
clinical psychologists, or qualified examiners at public or
private mental health facilities or parts thereof as defined
in this subsection shall, in the form and manner required by
HB4999 - 6 - LRB104 18657 KTG 32100 b
the Department, provide notice directly to the Department of
Human Services, or to his or her employer who shall then report
to the Department, within 24 hours after determining that a
person poses a clear and present danger to himself, herself,
or others, or within 7 days after a person 14 years or older is
determined to be a person with a developmental disability by a
physician, clinical psychologist, or qualified examiner as
described in Section 1.1 of the Firearm Owners Identification
Card Act. If a person is a patient as described in clause (1)
of the definition of "patient" in Section 1.1 of the Firearm
Owners Identification Card Act, this information shall be
furnished within 7 days after admission to a public or private
hospital or mental health facility or the provision of
services. Any such information disclosed under this subsection
shall remain privileged and confidential, and shall not be
redisclosed, except as required by subsection (e) of Section
3.1 of the Firearm Owners Identification Card Act, nor
utilized for any other purpose. The method of requiring the
providing of such information shall guarantee that no
information is released beyond what is necessary for this
purpose. In addition, the information disclosed shall be
provided by the Department within the time period established
by Section 24-3 of the Criminal Code of 2012 regarding the
delivery of firearms. The method used shall be sufficient to
provide the necessary information within the prescribed time
period, which may include periodically providing lists to the
HB4999 - 7 - LRB104 18657 KTG 32100 b
Department of Human Services or any public or private hospital
or mental health facility of Firearm Owner's Identification
Card applicants on which the Department or hospital shall
indicate the identities of those individuals who are to its
knowledge disqualified from having a Firearm Owner's
Identification Card for reasons described herein. The
Department may provide for a centralized source of information
for the State on this subject under its jurisdiction.
Notwithstanding any other provision of this Act or any other
law to the contrary, the [The] identity of the person reporting
under this subsection 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 Section 10 of the Firearm
Owners Identification Card Act. For the purposes of this
subsection, the physician, clinical psychologist, or qualified
examiner making the determination and his or her employer
shall not be held criminally, civilly, or professionally
liable for making or not making the notification required
under this subsection, except for willful or wanton
misconduct. 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 to an individual in accordance with
Section 10 of the Firearm Owners Identification Card Act.
Any person, institution, or agency, under this Act,
HB4999 - 8 - LRB104 18657 KTG 32100 b
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this
provision, the good faith of any person, institution, or
agency so reporting or disclosing shall be presumed. The full
extent of the immunity provided in this subsection (b) shall
apply to any person, institution or agency that fails to make a
report or disclosure in the good faith belief that the report
or disclosure would violate federal regulations governing the
confidentiality of alcohol and drug abuse patient records
implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) (Blank).
(1.3) "Clear and present danger" has the meaning as
defined in Section 1.1 of the Firearm Owners
Identification Card Act.
(1.5) "Person with a developmental disability" has the
meaning as defined in Section 1.1 of the Firearm Owners
Identification Card Act.
(2) "Patient" has the meaning as defined in Section
1.1 of the Firearm Owners Identification Card Act.
HB4999 - 9 - LRB104 18657 KTG 32100 b
(3) "Mental health facility" has the meaning as
defined in Section 1.1 of the Firearm Owners
Identification Card Act.
(c) Upon the request of a peace officer who takes a person
into custody and transports such person to a mental health or
developmental disability facility pursuant to Section 3-606 or
4-404 of the Mental Health and Developmental Disabilities Code
or who transports a person from such facility, a facility
director shall furnish said peace officer the name, address,
age and name of the nearest relative of the person transported
to or from the mental health or developmental disability
facility. In no case shall the facility director disclose to
the peace officer any information relating to the diagnosis,
treatment or evaluation of the person's mental or physical
health.
For the purposes of this subsection (c), the terms "mental
health or developmental disability facility", "peace officer"
and "facility director" shall have the meanings ascribed to
them in the Mental Health and Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the
HB4999 - 10 - LRB104 18657 KTG 32100 b
person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or future
discharge from the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in
accordance with this subsection (d) is immune from any
liability, civil, criminal or otherwise, that might result by
reason of the action.
(Source: P.A. 102-538, eff. 8-20-21.)

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.

Sponsors

Rep. Bob Morgan (D) sponsors HB 4999 alone.

Committees

HB 4999 went before 2 committees: Rules and Gun Violence Prevention.

Rules
Rules
Referred to · Feb 6, 2026 · 5,290 Bills
Gun Violence Prevention
Gun Violence Prevention
Referred to · Mar 4, 2026

History

HB 4999 has taken 15 actions since Feb 4, 2026, the latest on May 31, 2026.

ChamberAction
May 31, 2026
House
Rule 19(a) / Re-referred to Rules Committee
May 20, 2026
House
Do Pass / Short Debate Gun Violence Prevention Committee; 009-005-000
May 20, 2026
House
House Committee Amendment No. 1 Tabled
May 20, 2026
House
Placed on Calendar 2nd Reading - Short Debate
May 20, 2026
House
Second Reading - Short Debate

Votes

HB 4999 went to 1 roll call in the House, the latest on May 20, 2026 at 95.

ChamberQuestion
Yea
Nay
May 20, 2026
House
House Gun Violence Prevention Committee
9
5

Source: ilga.gov · legiscan.com