§ 6-103

Illinois § 6-103

• Jurisdiction: Illinois
• Topic: HEALTH AND SAFETY
• Ch. 405: MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES
• Act 405 ILCS 5/: Mental Health and Developmental Disabilities Code.
• Art.: Chapter VI - Miscellaneous Provisions

Text

(a) All persons acting in good faith and without negligence in connection with the preparation of applications, petitions, certificates or other documents, for the apprehension, transportation, examination, treatment, habilitation, detention or discharge of an individual under the provisions of this Act incur no liability, civil or criminal, by reason of such acts. (b) There shall be no liability on the part of, and no cause of action shall arise against, any person who is a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner based upon that person's failure to warn of and protect from a recipient's threatened or actual violent behavior except where the recipient has communicated to the person a serious threat of physical violence against a reasonably identifiable victim or victims. Nothing in this Section shall relieve any employee or director of any residential mental health or developmental disabilities facility from any duty he may have to protect the residents of such a facility from any other resident. (c) Any duty which any person may owe to anyone other than a resident of a mental health and developmental disabilities facility shall be discharged by that person making a reasonable effort to communicate the threat to the victim and to a law enforcement agency, or by a reasonable effort to obtain the hospitalization of the recipient. (d) An act of omission or commission by a peace officer acting in good faith in rendering emergency assistance or otherwise enforcing this Code does not impose civil liability on the peace officer or his or her supervisor or employer unless the act is a result of willful or wanton misconduct.

Legislative History

(Source: P.A. 104-270, eff. 8-15-25.)