Bill Status of HB 5231   100th General Assembly

Short Description:  ENFORCEMENT CONFIDENTIALITY

House Sponsors
Rep. Brian W. Stewart-Michael P. McAuliffe-Jim Durkin-Arthur Turner-Jehan Gordon-Booth, Justin Slaughter, Patricia R. Bellock and Camille Y. Lilly

Senate Sponsors
(Sen. Thomas Cullerton-Neil Anderson-Jennifer Bertino-Tarrant, Terry Link, John F. Curran, Dale Fowler-Kwame Raoul-Bill Cunningham, Antonio Muņoz and John G. Mulroe)


Last Action  View All Actions

DateChamber Action
  8/17/2018HousePublic Act . . . . . . . . . 100-0911

Statutes Amended In Order of Appearance
New Act
430 ILCS 65/8from Ch. 38, par. 83-8

Synopsis As Introduced
Creates the Law Enforcement Support Program Confidentiality Act. Provides that information, omissions, confessions, or other communication obtained by a participant in a peer support program involving a peer support counselor from a law enforcement officer, public safety employee, peace officer, firefighter, or emergency services personnel shall be considered confidential information and shall not be released to any person or entity, including, but not limited to, a court, administrative agency or tribunal, or public officer or employer, unless: (1) to the extent it appears necessary to prevent the commission of an act that is likely to result in a clear imminent risk of serious physical injury or death of a person or persons; (2) when required by court order; or (3) when, after full disclosure has been provided, the person who made the confession, admission, or other communication has given specific written consent. Amends the Firearm Owners Identification Card Act. Provides that a provision permitting the Department of State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card of a person who has been a patient of a mental health facility within the past 5 years is not applicable to an active law enforcement officer employed by a unit of government, unless the Department receives an affirmative statement by a treating clinical psychologist or physician that the law enforcement officer is a threat to himself or herself, another person, or the public. Effective immediately.

House Floor Amendment No. 2
Deletes reference to:
New Act
430 ILCS 65/8
Adds reference to:
50 ILCS 725/7.2 new

Replaces everything after the enacting clause. Amends the Uniform Peace Officers' Disciplinary Act. Provides that an employer of an officer shall not make possession of a Firearm Owner's Identification Card a condition of continued employment. Effective immediately.

Senate Committee Amendment No. 1
Adds reference to:
50 ILCS 725/6from Ch. 85, par. 2567

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Provides that nothing in this provision shall otherwise impair an employer's ability to determine an officer's fitness for duty. Provides that on and after the effective date of the amendatory Act, a provision requiring that the Act applies only to the extent there is no collective bargaining agreement currently in effect dealing with the subject matter shall not apply to the prohibition requiring a Firearm Owner's Identification Card as a condition of continued employment, but a collective bargaining agreement already in effect on the effective date of the amendatory Act cannot be modified. Effective immediately.

Senate Floor Amendment No. 3
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by Senate Amendment No. 1. Provides that an employer of an officer shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the officer's Firearm Owner's Identification Card is revoked or seized because the officer has been a patient of a mental health facility and the officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Effective immediately.

Actions 
DateChamber Action
  2/15/2018HouseFiled with the Clerk by Rep. Michael P. McAuliffe
  2/16/2018HouseFirst Reading
  2/16/2018HouseReferred to Rules Committee
  3/5/2018HouseAssigned to Judiciary - Criminal Committee
  4/6/2018HouseAdded Chief Co-Sponsor Rep. Jim Durkin
  4/6/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michael P. McAuliffe
  4/6/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/9/2018HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/9/2018HouseTo Firearms and Firearm Safety Subcommittee
  4/10/2018HouseMotion Filed to Discharge Committee Judiciary - Criminal Committee; Rep. Michael P. McAuliffe
  4/12/2018HouseMotion Filed to Suspend Rule 21 Judiciary - Criminal Committee; Rep. Barbara Flynn Currie
  4/12/2018HouseMotion to Suspend Rule 21 - Prevailed
  4/12/2018HouseRecommends Do Pass Subcommittee/ Judiciary - Criminal Committee; 005-000-000
  4/12/2018HouseReported Back To Judiciary - Criminal Committee;
  4/12/2018HouseDo Pass / Short Debate Judiciary - Criminal Committee; 013-000-000
  4/12/2018HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  4/13/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/18/2018HouseMotion Withdrawn Rep. Michael P. McAuliffe
  4/20/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Michael P. McAuliffe
  4/20/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/23/2018HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  4/25/2018HouseSecond Reading - Short Debate
  4/25/2018HouseHeld on Calendar Order of Second Reading - Short Debate
  4/26/2018HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 012-000-000
  4/26/2018HouseAdded Chief Co-Sponsor Rep. Arthur Turner
  4/26/2018HouseAdded Chief Co-Sponsor Rep. Jehan Gordon-Booth
  4/26/2018HouseAdded Chief Co-Sponsor Rep. Brian W. Stewart
  4/26/2018HouseAdded Co-Sponsor Rep. Justin Slaughter
  4/26/2018HouseChief Sponsor Changed to Rep. Brian W. Stewart
  4/26/2018HouseRemove Chief Co-Sponsor Rep. Brian W. Stewart
  4/26/2018HouseAdded Chief Co-Sponsor Rep. Michael P. McAuliffe
  4/27/2018HouseHouse Floor Amendment No. 2 Adopted
  4/27/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2018HouseThird Reading - Short Debate - Passed 103-000-000
  4/27/2018HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  5/1/2018SenateArrive in Senate
  5/1/2018SenatePlaced on Calendar Order of First Reading
  5/1/2018SenateChief Senate Sponsor Sen. Thomas Cullerton
  5/1/2018SenateFirst Reading
  5/1/2018SenateReferred to Assignments
  5/9/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Neil Anderson
  5/9/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Jennifer Bertino-Tarrant
  5/9/2018SenateAdded as Alternate Co-Sponsor Sen. Terry Link
  5/21/2018SenateAdded as Alternate Co-Sponsor Sen. John F. Curran
  5/21/2018SenateAdded as Alternate Co-Sponsor Sen. Dale Fowler
  5/21/2018SenateRule 2-10 Committee/3rd Reading Deadline Established As May 31, 2018
  5/21/2018SenateAssigned to Judiciary
  5/22/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  5/23/2018SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Thomas Cullerton
  5/23/2018SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/24/2018SenateWaive Posting Notice
  5/24/2018SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/25/2018SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Thomas Cullerton
  5/25/2018SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/25/2018SenateSenate Committee Amendment No. 1 Adopted
  5/25/2018SenateDo Pass as Amended Judiciary; 009-000-000
  5/25/2018SenatePlaced on Calendar Order of 2nd Reading
  5/25/2018SenateSecond Reading
  5/25/2018SenatePlaced on Calendar Order of 3rd Reading May 28, 2018
  5/25/2018SenateRule 2-10 Third Reading Deadline Established As May 31, 2018
  5/28/2018SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Thomas Cullerton
  5/28/2018SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/28/2018SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  5/28/2018SenateSenate Committee Amendment No. 2 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments.
  5/29/2018SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 009-000-000
  5/29/2018SenateRecalled to Second Reading
  5/29/2018SenateSenate Floor Amendment No. 3 Adopted; T. Cullerton
  5/29/2018SenatePlaced on Calendar Order of 3rd Reading
  5/29/2018SenateThird Reading - Passed; 057-000-000
  5/29/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Bill Cunningham
  5/29/2018HouseArrived in House
  5/29/2018HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 3
  5/29/2018HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Brian W. Stewart
  5/29/2018HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Brian W. Stewart
  5/29/2018HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/29/2018HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/29/2018SenateAdded as Alternate Co-Sponsor Sen. Antonio Muņoz
  5/31/2018HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2018HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2018HouseSenate Committee Amendment No. 1 House Concurs 108-000-000
  5/31/2018HouseSenate Floor Amendment No. 3 House Concurs 108-000-000
  5/31/2018HouseHouse Concurs
  5/31/2018HousePassed Both Houses
  5/31/2018HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  6/29/2018HouseSent to the Governor
  8/17/2018HouseGovernor Approved
  8/17/2018HouseEffective Date August 17, 2018
  8/17/2018HousePublic Act . . . . . . . . . 100-0911
  1/3/2019SenateAdded as Alternate Co-Sponsor Sen. John G. Mulroe

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