99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2213

 

Introduced 1/13/2016, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/8.1  from Ch. 38, par. 83-8.1

    Amends the Firearm Owners Identification Card Act. Provides that upon adjudication of any individual as a person with a mental disability or a finding that a person has been involuntarily admitted, the circuit court clerk shall (rather than the court shall direct the circuit court clerk to) immediately notify the Department of State Police, Firearm Owner's Identification (FOID) department. Provides that beginning July 1, 2016, and each July 1 and December 30 of every year thereafter, the court shall direct the circuit court clerk to notify the Department of State Police, Firearm Owner's Identification (FOID) department if the court has not adjudicated any individual as a person with a mentally disability within the preceding 6 months. Provides that any clerk who knowingly fails to perform these duties is guilty of a petty offense and shall be fined by the court not exceeding $100, and for any subsequent offense he or she is guilty of a Class A misdemeanor and if convicted may be removed from office by the court. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2213LRB099 15827 RLC 40202 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 8.1 as follows:
 
6    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
7    Sec. 8.1. Notifications to the Department of State Police.
8    (a) The Circuit Clerk shall, in the form and manner
9required by the Supreme Court, notify the Department of State
10Police of all final dispositions of cases for which the
11Department has received information reported to it under
12Sections 2.1 and 2.2 of the Criminal Identification Act.
13    (b) Upon adjudication of any individual as a person with a
14mental disability as defined in Section 1.1 of this Act or a
15finding that a person has been involuntarily admitted, the
16court shall direct the circuit court clerk shall to immediately
17notify the Department of State Police, Firearm Owner's
18Identification (FOID) department, and shall forward a copy of
19the court order to the Department. Beginning July 1, 2016, and
20each July 1 and December 30 of every year thereafter, the court
21shall direct the circuit court clerk to notify the Department
22of State Police, Firearm Owner's Identification (FOID)
23department if the court has not adjudicated any individual as a

 

 

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1person with a mentally disability within the preceding 6
2months. Any clerk who knowingly fails to perform the duties
3under this subsection (b) is guilty of a petty offense and
4shall be fined by the court not exceeding $100, and for any
5subsequent offense he or she is guilty of a Class A misdemeanor
6and if convicted may be removed from office by the court.
7    (c) The Department of Human Services shall, in the form and
8manner prescribed by the Department of State Police, report all
9information collected under subsection (b) of Section 12 of the
10Mental Health and Developmental Disabilities Confidentiality
11Act for the purpose of determining whether a person who may be
12or may have been a patient in a mental health facility is
13disqualified under State or federal law from receiving or
14retaining a Firearm Owner's Identification Card, or purchasing
15a weapon.
16    (d) If a person is determined to pose a clear and present
17danger to himself, herself, or to others:
18        (1) by a physician, clinical psychologist, or
19    qualified examiner, or is determined to have a
20    developmental disability by a physician, clinical
21    psychologist, or qualified examiner, whether employed by
22    the State or privately, then the physician, clinical
23    psychologist, or qualified examiner shall, within 24 hours
24    of making the determination, notify the Department of Human
25    Services that the person poses a clear and present danger
26    or has a developmental disability; or

 

 

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1        (2) by a law enforcement official or school
2    administrator, then the law enforcement official or school
3    administrator shall, within 24 hours of making the
4    determination, notify the Department of State Police that
5    the person poses a clear and present danger.
6    The Department of Human Services shall immediately update
7its records and information relating to mental health and
8developmental disabilities, and if appropriate, shall notify
9the Department of State Police in a form and manner prescribed
10by the Department of State Police. The Department of State
11Police shall determine whether to revoke the person's Firearm
12Owner's Identification Card under Section 8 of this Act. Any
13information disclosed under this subsection shall remain
14privileged and confidential, and shall not be redisclosed,
15except as required under subsection (e) of Section 3.1 of this
16Act, nor used for any other purpose. The method of providing
17this information shall guarantee that the information is not
18released beyond what is necessary for the purpose of this
19Section and shall be provided by rule by the Department of
20Human Services. The identity of the person reporting under this
21Section shall not be disclosed to the subject of the report.
22The physician, clinical psychologist, qualified examiner, law
23enforcement official, or school administrator making the
24determination and his or her employer shall not be held
25criminally, civilly, or professionally liable for making or not
26making the notification required under this subsection, except

 

 

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1for willful or wanton misconduct.
2    (e) The Department of State Police shall adopt rules to
3implement this Section.
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143,
5eff. 7-27-15.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.