IL HB3849 | 2021-2022 | 102nd General Assembly

Status

Spectrum: Slight Partisan Bill (Democrat 12-6)
Status: Enrolled on May 31 2021 - 75% progression
Action: 2021-06-29 - Sent to the Governor
Text: Latest bill text (Enrolled) [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.

Tracking Information

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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]

History

DateChamberAction
2021-06-29HouseSent to the Governor
2021-05-31HouseAdded Co-Sponsor Rep. Amy Grant
2021-05-31HousePassed Both Houses
2021-05-31HouseHouse Concurs
2021-05-31HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
2021-05-30HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 015-000-000
2021-05-30HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee
2021-05-30HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
2021-05-30HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Lindsey LaPointe
2021-05-29HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
2021-05-29HouseArrived in House
2021-05-29SenateThird Reading - Passed; 059-000-000
2021-05-29SenateAdded as Alternate Co-Sponsor Sen. Chapin Rose
2021-05-27SenatePlaced on Calendar Order of 3rd Reading ** May 28, 2021
2021-05-20SenatePlaced on Calendar Order of 3rd Reading May 21, 2021
2021-05-20SenateSecond Reading
2021-05-19SenateAdded as Alternate Co-Sponsor Sen. Robert F. Martwick
2021-05-19SenatePlaced on Calendar Order of 2nd Reading May 20, 2021
2021-05-19SenateDo Pass as Amended Judiciary; 007-000-000
2021-05-18SenateSenate Committee Amendment No. 1 Adopted
2021-05-17SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
2021-05-14SenateSenate Committee Amendment No. 1 Referred to Assignments
2021-05-14SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz
2021-05-10SenateAssigned to Judiciary
2021-04-27SenateReferred to Assignments
2021-04-27SenateFirst Reading
2021-04-27SenateChief Senate Sponsor Sen. Sara Feigenholtz
2021-04-27SenatePlaced on Calendar Order of First Reading
2021-04-27SenateArrive in Senate
2021-04-23HouseThird Reading - Consent Calendar - Passed 099-000-000
2021-04-22HouseThird Reading - Consent Calendar - First Day
2021-04-21HousePlaced on Calendar Order of 3rd Reading - Consent Calendar
2021-04-20HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
2021-04-16HouseHeld on Calendar Order of Second Reading - Consent Calendar
2021-04-16HouseSecond Reading - Consent Calendar
2021-04-14HouseAdded Co-Sponsor Rep. Seth Lewis
2021-04-08HousePlaced on Calendar 2nd Reading - Consent Calendar
2021-03-30HouseAdded Co-Sponsor Rep. Daniel Didech
2021-03-30HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
2021-03-30HouseAdded Co-Sponsor Rep. Curtis J. Tarver, II
2021-03-30HouseAdded Co-Sponsor Rep. David A. Welter
2021-03-30HouseAdded Co-Sponsor Rep. Dan Caulkins
2021-03-30HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
2021-03-30HouseAdded Co-Sponsor Rep. Terra Costa Howard
2021-03-30HouseAdded Co-Sponsor Rep. Martin McLaughlin
2021-03-23HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
2021-03-23HouseDo Pass as Amended / Consent Calendar Judiciary - Civil Committee; 016-000-000
2021-03-23HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Civil Committee; by Voice Vote
2021-03-23HouseAdded Chief Co-Sponsor Rep. Bob Morgan
2021-03-23HouseAdded Chief Co-Sponsor Rep. Jonathan Carroll
2021-03-23HouseAdded Co-Sponsor Rep. Ann M. Williams
2021-03-18HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee
2021-03-16HouseHouse Committee Amendment No. 2 Referred to Rules Committee
2021-03-16HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Lindsey LaPointe
2021-03-16HouseHouse Committee Amendment No. 1 Referred to Rules Committee
2021-03-16HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lindsey LaPointe
2021-03-16HouseAssigned to Judiciary - Civil Committee
2021-02-22HouseReferred to Rules Committee
2021-02-22HouseFirst Reading
2021-02-19HouseFiled with the Clerk by Rep. Lindsey LaPointe

Illinois State Sources

TypeSource
Summaryhttps://www.ilga.gov/legislation/BillStatus.asp?DocNum=3849&GAID=16&DocTypeID=HB&SessionID=110&GA=102
Texthttp://www.ilga.gov/legislation/102/HB/10200HB3849.htm
Texthttp://www.ilga.gov/legislation/102/HB/10200HB3849eng.htm
Texthttp://www.ilga.gov/legislation/102/HB/10200HB3849enr.htm
Amendmenthttp://www.ilga.gov/legislation/102/HB/10200HB3849ham001.htm
Amendmenthttp://www.ilga.gov/legislation/102/HB/10200HB3849ham002.htm
Amendmenthttp://www.ilga.gov/legislation/102/HB/10200HB3849sam001.htm
Roll Callhttp://www.ilga.gov/legislation/votehistory/102/house/10200HB3849_04232021_053022T.pdf
Roll Callhttp://www.ilga.gov/legislation/votehistory/102/senate/10200HB3849_05292021_011096.pdf
Roll Callhttp://www.ilga.gov/legislation/votehistory/102/house/10200HB3849sam001_05312021_052000C.pdf

Bill Comments 750

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