Illinois General Assembly - Full Text of SB2213
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Full Text of SB2213  99th General Assembly


Sen. Julie A. Morrison

Filed: 4/1/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2213 by replacing
3everything after the enacting clause with the following:
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



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1notify the Department of State Police, Firearm Owner's
2Identification (FOID) department, and shall forward a copy of
3the court order to the Department. Beginning July 1, 2016, and
4each July 1 and December 30 of every year thereafter, the
5circuit court clerk shall, in the form and manner prescribed by
6the Department of State Police, notify the Department of State
7Police, Firearm Owner's Identification (FOID) department, if
8no person has been adjudicated as a person with a mental
9disability by the court as defined in Section 1.1 of this Act
10or if no person has been involuntarily admitted by the court
11within the preceding 6 months. The Supreme Court may adopt any
12orders or rules necessary to identify the individuals who shall
13be reported to the Department of State Police under this
14subsection (b), or any other orders or rules necessary to
15implement the requirements of this Act.
16    (c) The Department of Human Services shall, in the form and
17manner prescribed by the Department of State Police, report all
18information collected under subsection (b) of Section 12 of the
19Mental Health and Developmental Disabilities Confidentiality
20Act for the purpose of determining whether a person who may be
21or may have been a patient in a mental health facility is
22disqualified under State or federal law from receiving or
23retaining a Firearm Owner's Identification Card, or purchasing
24a weapon.
25    (d) If a person is determined to pose a clear and present
26danger to himself, herself, or to others:



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



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1released beyond what is necessary for the purpose of this
2Section and shall be provided by rule by the Department of
3Human Services. The identity of the person reporting under this
4Section shall not be disclosed to the subject of the report.
5The physician, clinical psychologist, qualified examiner, law
6enforcement official, or school administrator making the
7determination and his or her employer shall not be held
8criminally, civilly, or professionally liable for making or not
9making the notification required under this subsection, except
10for willful or wanton misconduct.
11    (e) The Department of State Police shall adopt rules to
12implement this Section.
13(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143,
14eff. 7-27-15.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".