IL HB3849 | 2021-2022 | 102nd General Assembly
Status
Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 12-6)
Status: Passed on August 27 2021 - 100% progression
Action: 2021-08-27 - Public Act . . . . . . . . . 102-0614
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Slight Partisan Bill (Democrat 12-6)
Status: Passed on August 27 2021 - 100% progression
Action: 2021-08-27 - Public Act . . . . . . . . . 102-0614
Text: Latest bill text (Chaptered) [HTML]
Summary
Creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Provides that all adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. Provides that certain persons are disqualified from acting as a supporter. Provides that a supporter may exercise the authority granted to the supporter in the supported decision-making agreement. Provides for the duties of a supporter in a supported decision-making agreement. Prohibits a supporter from doing certain actions in relation to the principal. Requires 2 or more witnesses to be present and sign and date a supported decision-making agreement. Provides a form for a supported decision-making agreement. Provides that a person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission under certain circumstances. Provides that a decision or request made or communicated with the assistance of a supporter shall be recognized as the decision or request of the principal and may be enforced by the principal or supporter on the same basis as a decision or request of the principal. Provides that if a person who receives a copy or is aware of the existence of a supported decision-making agreement and has cause to believe that the principal is being abused, neglected, or exploited by the supporter, the person shall report the alleged abuse, neglect, or exploitation. Provides that any interested party with a reasonable basis to believe that the supporter is abusing or neglecting the principal shall have the right to petition for the appointment of a limited temporary guardian and a guardian ad litem for the purpose of determining if the support decision-making agreement should be terminated. Provides for the termination of a supported decision-making agreement. Provides that a principal may revoke the supported decision-making agreement and invalidate the supported decision-making agreement at any time. Provides that a supporter may resign by giving notice to the principal. Effective immediately.
Title
SUPPORTED DECISION-MAKING ACT
Sponsors
Roll Calls
2021-05-31 - House - Concurrence in House (Y: 117 N: 0 NV: 1 Abs: 0) [PASS]
2021-05-29 - Senate - Motion in Senate (Y: 59 N: 0 NV: 0 Abs: 0) [PASS]
2021-04-23 - House - Third Reading in House (Y: 99 N: 0 NV: 0 Abs: 4) [PASS]
2021-05-29 - Senate - Motion in Senate (Y: 59 N: 0 NV: 0 Abs: 0) [PASS]
2021-04-23 - House - Third Reading in House (Y: 99 N: 0 NV: 0 Abs: 4) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2021-08-27 | House | Public Act . . . . . . . . . 102-0614 |
| 2021-08-27 | House | Effective Date February 27, 2022 |
| 2021-08-27 | House | Governor Approved |
| 2021-06-29 | House | Sent to the Governor |
| 2021-05-31 | House | Added Co-Sponsor Rep. Amy Grant |
| 2021-05-31 | House | Passed Both Houses |
| 2021-05-31 | House | House Concurs |
| 2021-05-31 | House | Senate Committee Amendment No. 1 House Concurs 117-000-000 |
| 2021-05-30 | House | Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 015-000-000 |
| 2021-05-30 | House | Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee |
| 2021-05-30 | House | Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee |
| 2021-05-30 | House | Senate Committee Amendment No. 1 Motion Filed Concur Rep. Lindsey LaPointe |
| 2021-05-29 | House | Placed on Calendar Order of Concurrence Senate Amendment(s) 1 |
| 2021-05-29 | House | Arrived in House |
| 2021-05-29 | Senate | Third Reading - Passed; 059-000-000 |
| 2021-05-29 | Senate | Added as Alternate Co-Sponsor Sen. Chapin Rose |
| 2021-05-27 | Senate | Placed on Calendar Order of 3rd Reading ** May 28, 2021 |
| 2021-05-20 | Senate | Placed on Calendar Order of 3rd Reading May 21, 2021 |
| 2021-05-20 | Senate | Second Reading |
| 2021-05-19 | Senate | Added as Alternate Co-Sponsor Sen. Robert F. Martwick |
| 2021-05-19 | Senate | Placed on Calendar Order of 2nd Reading May 20, 2021 |
| 2021-05-19 | Senate | Do Pass as Amended Judiciary; 007-000-000 |
| 2021-05-18 | Senate | Senate Committee Amendment No. 1 Adopted |
| 2021-05-17 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Judiciary |
| 2021-05-14 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 2021-05-14 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz |
| 2021-05-10 | Senate | Assigned to Judiciary |
| 2021-04-27 | Senate | Referred to Assignments |
| 2021-04-27 | Senate | First Reading |
| 2021-04-27 | Senate | Chief Senate Sponsor Sen. Sara Feigenholtz |
| 2021-04-27 | Senate | Placed on Calendar Order of First Reading |
| 2021-04-27 | Senate | Arrive in Senate |
| 2021-04-23 | House | Third Reading - Consent Calendar - Passed 099-000-000 |
| 2021-04-22 | House | Third Reading - Consent Calendar - First Day |
| 2021-04-21 | House | Placed on Calendar Order of 3rd Reading - Consent Calendar |
| 2021-04-20 | House | Added Co-Sponsor Rep. Emanuel Chris Welch |
| 2021-04-16 | House | Held on Calendar Order of Second Reading - Consent Calendar |
| 2021-04-16 | House | Second Reading - Consent Calendar |
| 2021-04-14 | House | Added Co-Sponsor Rep. Seth Lewis |
| 2021-04-08 | House | Placed on Calendar 2nd Reading - Consent Calendar |
| 2021-03-30 | House | Added Co-Sponsor Rep. Daniel Didech |
| 2021-03-30 | House | Added Co-Sponsor Rep. Kelly M. Cassidy |
| 2021-03-30 | House | Added Co-Sponsor Rep. Curtis J. Tarver, II |
| 2021-03-30 | House | Added Co-Sponsor Rep. David A. Welter |
| 2021-03-30 | House | Added Co-Sponsor Rep. Dan Caulkins |
| 2021-03-30 | House | Added Co-Sponsor Rep. Jennifer Gong-Gershowitz |
| 2021-03-30 | House | Added Co-Sponsor Rep. Terra Costa Howard |
| 2021-03-30 | House | Added Co-Sponsor Rep. Martin McLaughlin |
| 2021-03-23 | House | House Committee Amendment No. 1 Tabled Pursuant to Rule 40 |
| 2021-03-23 | House | Do Pass as Amended / Consent Calendar Judiciary - Civil Committee; 016-000-000 |
| 2021-03-23 | House | House Committee Amendment No. 2 Adopted in Judiciary - Civil Committee; by Voice Vote |
| 2021-03-23 | House | Added Chief Co-Sponsor Rep. Bob Morgan |
| 2021-03-23 | House | Added Chief Co-Sponsor Rep. Jonathan Carroll |
| 2021-03-23 | House | Added Co-Sponsor Rep. Ann M. Williams |
| 2021-03-18 | House | House Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee |
| 2021-03-16 | House | House Committee Amendment No. 2 Referred to Rules Committee |
| 2021-03-16 | House | House Committee Amendment No. 2 Filed with Clerk by Rep. Lindsey LaPointe |
| 2021-03-16 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 2021-03-16 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Lindsey LaPointe |
| 2021-03-16 | House | Assigned to Judiciary - Civil Committee |
| 2021-02-22 | House | Referred to Rules Committee |
| 2021-02-22 | House | First Reading |
| 2021-02-19 | House | Filed with the Clerk by Rep. Lindsey LaPointe |
