Illinois General Assembly - Full Text of SB2213
Illinois General Assembly

Previous General Assemblies

Full Text of SB2213  99th General Assembly




SB2213 EnrolledLRB099 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 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.
20    (b-1) Beginning July 1, 2016, and each July 1 and December
2130 of every year thereafter, the circuit court clerk shall, in
22the form and manner prescribed by the Department of State
23Police, notify the Department of State Police, Firearm Owner's



SB2213 Enrolled- 2 -LRB099 15827 RLC 40202 b

1Identification (FOID) department if the court has not directed
2the circuit court clerk to notify the Department of State
3Police, Firearm Owner's Identification (FOID) department under
4subsection (b) of this Section, within the preceding 6 months,
5because no person has been adjudicated as a person with a
6mental disability by the court as defined in Section 1.1 of
7this Act or if no person has been involuntarily admitted. The
8Supreme Court may adopt any orders or rules necessary to
9identify the persons who shall be reported to the Department of
10State Police under subsection (b), or any other orders or rules
11necessary to implement the requirements of this Act.
12    (c) The Department of Human Services shall, in the form and
13manner prescribed by the Department of State Police, report all
14information collected under subsection (b) of Section 12 of the
15Mental Health and Developmental Disabilities Confidentiality
16Act for the purpose of determining whether a person who may be
17or may have been a patient in a mental health facility is
18disqualified under State or federal law from receiving or
19retaining a Firearm Owner's Identification Card, or purchasing
20a weapon.
21    (d) If a person is determined to pose a clear and present
22danger to himself, herself, or to others:
23        (1) by a physician, clinical psychologist, or
24    qualified examiner, or is determined to have a
25    developmental disability by a physician, clinical
26    psychologist, or qualified examiner, whether employed by



SB2213 Enrolled- 3 -LRB099 15827 RLC 40202 b

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



SB2213 Enrolled- 4 -LRB099 15827 RLC 40202 b

1The physician, clinical psychologist, qualified examiner, law
2enforcement official, or school administrator making the
3determination and his or her employer shall not be held
4criminally, civilly, or professionally liable for making or not
5making the notification required under this subsection, except
6for willful or wanton misconduct.
7    (e) The Department of State Police shall adopt rules to
8implement this Section.
9(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143,
10eff. 7-27-15.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.