Bill
SB 3201
The bill strengthens and standardizes reporting of clear-and-present-danger determinations to state authorities while tightening confidentiality around disclosures related to FOID
SB3201 (104th General Assembly) – Summary
Overview
- Jurisdiction: Illinois
- Status: Introduced February 2, 2026 (Sen. Lakesia Collins)
- Topic: Mental health and developmental disabilities confidentiality and firearm-related reporting
- Primary aim: Expand and formalize reporting requirements when a patient is determined to pose a clear and present danger, and regulate confidentiality and disclosure protections tied to Firearm Owner’s Identification Card (FOID) considerations.
Purpose and intent
- Strengthen and standardize the communication of clear-and-present-danger determinations from mental health professionals to designated state authorities.
- Ensure that disclosures related to FOID eligibility and firearm prohibitions are limited to what is necessary, with strict confidentiality protections and immunity from liability for reporters, facilities, and departments when acting in good faith.
- Align confidentiality rules with FOID Act processes to support public safety while preserving privacy to the greatest extent possible.
Key provisions and changes
1) Mental Health and Developmental Disabilities Code – clear and present danger disclosures (Section 6-103.3)
- When a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner determines a person poses a clear and present danger to themselves or others:
- The reporter must notify the Department of Human Services (DHS).
- A law enforcement official or school administrator must notify the Illinois State Police.
- DHS updates its records; where appropriate, the ISP is notified in a form and manner prescribed by the ISP.
- Information disclosed remains privileged/confidential and may not be redisclosed beyond what is necessary, except as required by FOID-Act-related provisions.
- The identity of the reporter is protected and not disclosed to the subject unless ordered by the FOID Card Review Board or a court with jurisdiction under FOID Act.
- Immunity and liability: reporters and their employers are protected from criminal, civil, or professional liability for making or not making the notification, except in cases of willful or wanton misconduct. DHS and its employees/agents are not liable for damages arising from disclosure or non-disclosure under FOID Act provisions.
- Applies to professionals whether or not employed by state, public/private facilities, law enforcement, or schools.
- Exempts disclosure if it would interfere with an ongoing criminal investigation.
2) Definitions and scope
- Clarifies terms such as “clear and present danger,” and ties them to the FOID Act definitions.
- Expands the reporting and liability framework to cover the reporting professionals and their employers.
3) Mental Health and Developmental Disabilities Confidentiality Act – additional FOID-related disclosures (Section 12)
- When the U.S. Secret Service or Illinois State Police request information to determine FOID eligibility or disqualification:
- Limited disclosures allowed: recipient’s name, address, age, admission/discharge dates, and any indication of violence history or danger.
- Information is for investigative purposes only and not publicized.
- Immunity from liability for good-faith disclosures; reporters are protected if relying on the officer or authority’s statement that the person is under protection or related FOID restrictions.
- DHS and facilities must provide information to ISP or DHS within timeframes aligned to FOID delivery rules, with strict confidentiality and no broader use.
- Immunity provisions extend to those acting in good faith; presumption of good faith in civil or criminal proceedings.
4) Miscellaneous reporting and court-access provisions
- DHS and facility directors must provide specified information to peace officers on request (within privacy constraints) regarding individuals in custody or being transported, while omitting diagnostic/treatment data.
- Additional disclosures permitted to assist investigations (e.g., presence at a facility, discharge dates) with case-number and purpose requirements; immunity for good-faith disclosures.
Potential impact
- Practitioners: clearer obligation to report clear-and-present-danger determinations to DHS; heightened accountability for ensuring timely reporting.
- DHS, ISP, and law enforcement: expanded information sharing framework to support FOID determinations, with tighter confidentiality safeguards.
- Patients/subjects: stronger privacy protections regarding reporter identities; potential impact on FOID eligibility processes due to more streamlined data sharing.
- Institutions: broader immunity protections for agencies and staff acting in good faith; procedural requirements to coordinate with DHS/ISP.
Timeline and process notes
- Key 24-hour and 7-day reporting windows: professionals must report danger determinations within 24 hours; certain developmental-disability determinations must be reported within 7 days.
- Confidentiality and FOID-related disclosures governed by the Firearm Owners Identification Card Act and its implementing rules.
- The bill specifies that disclosures should be limited to information necessary for FOID and related safety determinations.
Note: The summary above reflects provisions as introduced. If enacted, exact language and implementing rules could affect precise application and timelines.
Compiled from official sources — confirm details with the bill’s official record.
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