SB1898 101ST GENERAL ASSEMBLY

LRB101 09755 SLF 54856 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1898

Introduced 2/15/2019, by Sen. Thomas Cullerton

SYNOPSIS AS INTRODUCED:

20 ILCS 801/1-31 new
20 ILCS 2605/2605-610 new
50 ILCS 725/7.2
55 ILCS 5/3-6050 new
730 ILCS 110/19 new

Amends the Department of Natural Resources Act, Department of State Police Law of the Civil Administrative Code of Illinois, the Counties Code, and the Probation and Probation Officers Act. Provides that the employer of a Conservation Police officer, State Police officer, law enforcement officer, or probation 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. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the employer cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Amends the Uniform Peace Officers' Disciplinary Act. Provides that the employer shall document if and why an officer has been determined to pose a clear and present danger.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Natural Resources Act is amended by adding Section 1-31 as follows:

(20 ILCS 801/1-31 new)

Sec. 1-31. Possession of a Firearm Owner's Identification Card. The Department shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the Conservation Police officer's Firearm Owner's Identification Card is revoked or seized because the Conservation Police officer has been a patient of a mental health facility and the Conservation Police 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. Nothing is this Section shall otherwise impair an employer's ability to determine a Conservation Police officer's fitness for duty. A collective bargaining agreement already in effect on this issue on the effective date of this amendatory Act of the 101st General Assembly cannot be modified, but on or after the effective date of this amendatory Act of the 101st General Assembly, the employer cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. The employer shall document if and why a Conservation Police officer has been determined to pose a clear and present danger.

Section 10. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-610 as follows:

(20 ILCS 2605/2605-610 new)

Sec. 2605-610. Possession of a Firearm Owner's Identification Card. The Department shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the State Police officer Firearm Owner's Identification Card is revoked or seized because the State Police officer has been a patient of a mental health facility and the State Police 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. Nothing is this Section shall otherwise impair an employer's ability to determine a State Police officer's fitness for duty. A collective bargaining agreement already in effect on this issue on the effective date of this amendatory Act of the 101st General Assembly cannot be modified, but on or after the effective date of this amendatory Act of the 101st General Assembly, the employer cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. The employer shall document if and why a State Police officer has been determined to pose a clear and present danger.

Section 15. The Uniform Peace Officers' Disciplinary Act is amended by changing Section 7.2 as follows:

(50 ILCS 725/7.2)

Sec. 7.2. Possession of a Firearm Owner's Identification Card. 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. Nothing is this Section shall otherwise impair an employer's ability to determine an officer's fitness for duty. On and after the effective date of this amendatory Act of the 100th General Assembly, Section 6 of this Act 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 that issue on the effective date of this amendatory Act of the 100th General Assembly cannot be modified. The employer shall document if and why an officer has been determined to pose a clear and present danger.

(Source: P.A. 100-911, eff. 8-17-18.)

Section 20. The Counties Code is amended by adding Section 3-6050 as follows:

(55 ILCS 5/3-6050 new)

Sec. 3-6050. Possession of a Firearm Owner's Identification Card. An employer of an law enforcement officer shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the law enforcement officer's Firearm Owner's Identification Card is revoked or seized because the law enforcement officer has been a patient of a mental health facility and the law enforcement 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. Nothing is this Section shall otherwise impair an employer's ability to determine an law enforcement officer's fitness for duty. A collective bargaining agreement already in effect on this issue on the effective date of this amendatory Act of the 101st General Assembly cannot be modified, but on or after the effective date of this amendatory Act of the 101st General Assembly, the employer cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. The employer shall document if and why a law enforcement officer has been determined to pose a clear and present danger.

Section 25. The Probation and Probation Officers Act is amended by adding Section 19 as follows:

(730 ILCS 110/19 new)

Sec. 19. Possession of a Firearm Owner's Identification Card. An employer of a probation officer shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the probation officer's Firearm Owner's Identification Card is revoked or seized because the probation 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. Nothing is this Section shall otherwise impair an employer's ability to determine a probation officer's fitness for duty. A collective bargaining agreement already in effect on this issue on the effective date of this amendatory Act of the 101st General Assembly cannot be modified, but on or after the effective date of this amendatory Act of the 101st General Assembly, the employer cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. The employer shall document if and why an probation officer has been determined to pose a clear and present danger.