ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/6-103 (2026)

(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

✓ current as of May 2026
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(405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
    Sec. 6-103. (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.
(Source: P.A. 104-270, eff. 8-15-25.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1998–2022 · leading case: In re Det. of Duke, 2013 IL App (1st) 121722 (Ill. App. Ct. 2014).
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In re Det. of Duke, 2013 IL App (1st) 121722 (Ill. App. Ct. 2014). “See 745 ILCS 10/2-202 (West 2012); 325 ILCS 5/4 (West 2012); 405 ILCS 5/6-103, 6-103.1 (West 2012). Further, if the State or an agent of the State is the party in a tort action, as plaintiff maintains Dr.”
Gibbons v. OSF Healthcare Sys., 2022 IL App (2d) 210038 (Ill. App. Ct. 2022). · cites it 2× “See 405 ILCS 5/6-103 (West 2014). He argues that plaintiff does not even suggest any negligence on his part and points to no evidence that he did not act in good faith.”
Davis v. Vill. of Maywood, 2020 IL App (1st) 191011 (Ill. App. Ct. 2020). “ton conduct, (2) the governmental immunity that is afforded by sections 2-205 and 2-103 or section 2-109 of the Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/2-205, 2-103, 2-109 (West 2016)), or (3) the good-faith immunity in rendering emergency…”
Arthur v. Lutheran Gen. Hosp. (Ill. App. Ct. 1998). “405 ILCS 5/6-103(a) (West 1997). We denied Walczynski's motion and will not consider this statute.”
— 405 ILCS 5/6-103(a) — 2 cases
Gibbons v. OSF Healthcare Sys., 2022 IL App (2d) 210038 (Ill. App. Ct. 2022). “See 405 ILCS 5/6-103 (West 2014). He argues that plaintiff does not even suggest any negligence on his part and points to no evidence that he did not act in good faith.”
Arthur v. Lutheran Gen. Hosp. (Ill. App. Ct. 1998). “405 ILCS 5/6-103(a) (West 1997). We denied Walczynski's motion and will not consider this statute.”
— 405 ILCS 5/6-103(d) — 1 case
Davis v. Vill. of Maywood, 2020 IL App (1st) 191011 (Ill. App. Ct. 2020). “ton conduct, (2) the governmental immunity that is afforded by sections 2-205 and 2-103 or section 2-109 of the Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/2-205, 2-103, 2-109 (West 2016)), or (3) the good-faith immunity in rendering emergency…”
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