Chapter 740 — CIVIL LIABILITIES

(740 ILCS 105/7) (from Ch. 100 1/2, par. 7) Sec. 7. In case of the violation of any injunction or order of abatement issued under the provisions of this act, the court may summarily try and punish the offender for his contempt of court. The hearing may be had upon affidavits, or …

(740 ILCS 105/8) (from Ch. 100 1/2, par. 8) Sec. 8. If the owner of such building or apartment, or such place appears and pays all costs which may have been assessed, and files a bond with sureties to be approved by the clerk, in the penal sum of not less than $1,000 nor more tha…

(740 ILCS 105/9) (from Ch. 100 1/2, par. 9) Sec. 9. Whenever a fine or costs shall be assessed under the provisions of this act against the owner of any property herein declared to be a public nuisance, such fine or costs shall constitute a lien upon such property to the extent o…

(740 ILCS 110/1) (from Ch. 91 1/2, par. 801) Sec. 1. This Act shall be known and may be cited as the "Mental Health and Developmental Disabilities Confidentiality Act". (Source: P.A. 80-1508.)

(740 ILCS 110/10) (from Ch. 91 1/2, par. 810) Sec. 10. (a) Except as provided herein, in any civil, criminal, administrative, or legislative proceeding, or in any proceeding preliminary thereto, a recipient, and a therapist on behalf and in the interest of a recipient, has the pr…

(740 ILCS 110/11) (from Ch. 91 1/2, par. 811) Sec. 11. Disclosure of records and communications. Records and communications may be disclosed: (i) in accordance with the provisions of the Abused and Neglected Child Reporting Act, subsection (u) of Section 5 of the Children and Fam…

(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…

(740 ILCS 110/12.1) (from Ch. 91 1/2, par. 812.1) Sec. 12.1. A facility director or Department of Human Services employee who has reason to believe that a violation of criminal law or other serious incident has occurred within a mental health or developmental disability facility …

(740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2) Sec. 12.2. (a) When a recipient who has been judicially or involuntarily admitted, or is a forensic recipient admitted to a developmental disability or mental health facility, as defined in Section 1-107 or 1-114 of the Mental Hea…

(740 ILCS 110/12.3) (from Ch. 91 1/2, par. 812.3) Sec. 12.3. Nothing in this Act shall be construed to prevent compliance with the notice requirements of Sections 3-902 and 4-704 of the Mental Health and Developmental Disabilities Code. (Source: P.A. 89-439, eff. 6-1-96.)

(740 ILCS 110/13) (from Ch. 91 1/2, par. 813) Sec. 13. Whenever disclosure of a record or communication is made without consent pursuant to this Act, other than uses, disclosures, or redisclosures permitted under Sections 9.5, 9.8, 9.9, 9.10, and 9.11 of this Act, or other than u…

(740 ILCS 110/14) (from Ch. 91 1/2, par. 814) Sec. 14. Any agreement purporting to waive any of the provisions of this Act is void. (Source: P.A. 80-1508.)

(740 ILCS 110/15) (from Ch. 91 1/2, par. 815) Sec. 15. Any person aggrieved by a violation of this Act may sue for damages, an injunction, or other appropriate relief. Reasonable attorney's fees and costs may be awarded to the successful plaintiff in any action under this Act. (S…

(740 ILCS 110/16) (from Ch. 91 1/2, par. 816) Sec. 16. Any person who knowingly and wilfully violates any provision of this Act is guilty of a Class A misdemeanor. (Source: P.A. 80-1508.)

(740 ILCS 110/17) (from Ch. 91 1/2, par. 817) Sec. 17. The Secretary of Human Services shall adopt rules and regulations to implement this Act. (Source: P.A. 89-507, eff. 7-1-97.)

(740 ILCS 110/2) (from Ch. 91 1/2, par. 802) Sec. 2. The terms used in this Act, unless the context requires otherwise, have the meanings ascribed to them in this Section. "Agent" means a person who has been legally appointed as an individual's agent under a power of attorney for…

(740 ILCS 110/3) (from Ch. 91 1/2, par. 803) Sec. 3. (a) All records and communications shall be confidential and shall not be disclosed except as provided in this Act. Unless otherwise expressly provided for in this Act, records and communications made or created in the course o…

(740 ILCS 110/4) (from Ch. 91 1/2, par. 804) Sec. 4. (a) The following persons shall be entitled, upon request, to inspect and copy a recipient's record or any part thereof: (1) the parent or guardian of a recipient who is under 12 years of age; (2) the recipient if he is 12 year…

(740 ILCS 110/5) (from Ch. 91 1/2, par. 805) Sec. 5. Disclosure; consent. (a) Except as provided in Sections 6 through 12.2 of this Act, records and communications may be disclosed to someone other than those persons listed in Section 4 of this Act only with the written consent o…

(740 ILCS 110/5.5) Sec. 5.5. Limited access to basic inpatient mental health information. (a) For a recipient who is an inpatient of a mental health facility, an individual is eligible, upon request, to obtain the protected mental health information of the recipient that is direc…

(740 ILCS 110/6) (from Ch. 91 1/2, par. 806) Sec. 6. Such information from a recipient's record as is necessary to enable him to apply for or receive benefits may be disclosed with consent obtained pursuant to Section 5 of this Act. Disclosure may be made without consent when des…

(740 ILCS 110/7) (from Ch. 91 1/2, par. 807) Sec. 7. Review of therapist or agency; use of recipient's record. (a) When a therapist or agency which provides services is being reviewed for purposes of licensure, statistical compilation, research, evaluation, or other similar purpo…

(740 ILCS 110/7.1) Sec. 7.1. Interagency disclosures. (a) Nothing in this Act shall be construed to prevent the interagency disclosure of the name, social security number, and information concerning services rendered, currently being rendered, or proposed to be rendered regarding…

(740 ILCS 110/8) (from Ch. 91 1/2, par. 808) Sec. 8. In the course of an investigation, or in the course of monitoring issues concerning the rights of recipients or the services provided to recipients as authorized by subsection (l) of Section 5 of the Guardianship and Advocacy A…

(740 ILCS 110/8.1) (from Ch. 91 1/2, par. 808.1) Sec. 8.1. The agency designated by the Governor under Section 1 of "An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named", approved September 20…

(740 ILCS 110/9) (from Ch. 91 1/2, par. 809) Sec. 9. In the course of providing services and after the conclusion of the provision of services, including for the purposes of treatment and care coordination, a therapist, integrated health system, or member of an interdisciplinary …

(740 ILCS 110/9.1) (from Ch. 91 1/2, par. 809.1) Sec. 9.1. The Department of Human Services, and other agencies and institutions which provide services, may disclose a recipient's record or communications, without consent, to the Institute for Juvenile Research and the Institute …

(740 ILCS 110/9.10) Sec. 9.10. Interagency disclosures by HIE. Nothing in this Act shall be construed to limit the use of an HIE to facilitate the disclosure or re-disclosure of information from a recipient's record to any agency or department of this State as authorized by Secti…

(740 ILCS 110/9.11) Sec. 9.11. Establishment and disclosure of limited data sets and de-identified information. (a) An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered entity, or entity facilitating the establ…

(740 ILCS 110/9.2) Sec. 9.2. Interagency disclosure of recipient information. For the purposes of continuity of care, the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities), community agencies funded by the Department of …

(740 ILCS 110/9.3) Sec. 9.3. Disclosure without consent under the Sexually Violent Persons Commitment Act. Disclosure may be made without consent by any therapist or other treatment provider providing mental health or developmental disabilities services pursuant to the provisions…

(740 ILCS 110/9.4) Sec. 9.4. Disclosure for treatment and coordination of care. (a) For recipients in a program administered or operated by the Department of Healthcare and Family Services or the Department of Human Services (as successor to the Department of Mental Health and De…

(740 ILCS 110/9.5) Sec. 9.5. Use and disclosure of information to an HIE. (a) An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, or covered entity may, without a recipient's consent, use or disclose information from …

(740 ILCS 110/9.6) Sec. 9.6. Participants of any HIE, as defined under Section 2, shall allow each recipient whose record is accessible through the health information exchange the reasonable opportunity to expressly decline the further disclosure of the record by the health infor…

(740 ILCS 110/9.7) Sec. 9.7. Other limitations on consent requirements. The consent requirements under Section 5 may not be required for the use or disclosure (as those terms are defined under HIPAA, as specified in 45 CFR 160.103) of a record or communication disclosed (as that …

(740 ILCS 110/9.8) Sec. 9.8. Business associates. An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered entity, or entity facilitating the establishment or operation of an HIE may, without a recipient's consent,…

(740 ILCS 110/9.9) Sec. 9.9. Record locator service. (a) An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered entity, or entity facilitating the establishment or operation of an HIE may, without a recipient's c…

(740 ILCS 113/1) Sec. 1. Short title. This Act may be cited as the Oil Spill Responders Liability Act. (Source: P.A. 88-521.)

(740 ILCS 113/10) Sec. 10. Liability of oil spill responders. (a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted to be taken in the course of rendering care, assistance, or advice consistent…

(740 ILCS 113/5) Sec. 5. Definitions. As used in this Act: "Damages" means damages of any kind for which liability may exist under the laws of this State resulting from, arising out of, or related to the discharge or threatened discharge of oil. "Discharge" means an emission, oth…

(740 ILCS 113/99) Sec. 99. This Act takes effect upon becoming law. (Source: P.A. 88-521.)

(740 ILCS 115/1) (from Ch. 70, par. 51) Sec. 1. This Act shall be known and may be cited as the Parental Responsibility Law. (Source: P.A. 76-1679.)

(740 ILCS 115/2) (from Ch. 70, par. 52) Sec. 2. As used in this Act, unless the context otherwise requires, the terms specified have the meanings ascribed to them: (1) "Legal guardian" means a person appointed guardian, or given custody, of a minor by a circuit court of the State…

(740 ILCS 115/3) (from Ch. 70, par. 53) Sec. 3. Liability. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property,…

(740 ILCS 115/4) (from Ch. 70, par. 54) Sec. 4. Any municipal corporation, county, township, village or any other political subdivision or department of the State of Illinois, or the United States or any of its instrumentalities, or any person, partnership, corporation, associati…

(740 ILCS 115/5) (from Ch. 70, par. 55) Sec. 5. Limitation on damages; damages allowable. No recovery under this Act may exceed $20,000 actual damages for each person, or legal entity as provided in Section 4 of this Act, for the first act or occurrence of such wilful or maliciou…

(740 ILCS 115/6) (from Ch. 70, par. 56) Sec. 6. This Act shall not affect the recovery of damages in any other cause of action where the liability of the parent or legal guardian is predicated on a common law basis. (Source: P.A. 76-1679.)

(740 ILCS 115/7) (from Ch. 70, par. 57) Sec. 7. Section 12-107 of the Code of Civil Procedure, as now or hereafter amended, is not applicable to judgments obtained under this Act. (Source: P.A. 82-783.)

(740 ILCS 120/1) (from Ch. 70, par. 601) Sec. 1. This Act shall be known and may be cited as the Parental Right of Recovery Act. (Source: P.A. 84-1041.)

(740 ILCS 120/2) (from Ch. 70, par. 602) Sec. 2. For the purpose of this Act, unless the context clearly requires otherwise: (1) "Illegal drug" means (i) any substance as defined and included in the Schedules of Article II of the Illinois Controlled Substances Act, (ii) any canna…