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


Sen. Julie A. Morrison

Filed: 4/14/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2213, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Firearm Owners Identification Card Act is
6amended by changing Section 8.1 as follows:
7    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
8    Sec. 8.1. Notifications to the Department of State Police.
9    (a) The Circuit Clerk shall, in the form and manner
10required by the Supreme Court, notify the Department of State
11Police of all final dispositions of cases for which the
12Department has received information reported to it under
13Sections 2.1 and 2.2 of the Criminal Identification Act.
14    (b) Upon adjudication of any individual as a person with a
15mental disability as defined in Section 1.1 of this Act or a
16finding that a person has been involuntarily admitted, the



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1court shall direct the circuit court clerk to immediately
2notify the Department of State Police, Firearm Owner's
3Identification (FOID) department, and shall forward a copy of
4the court order to the Department.
5    (b-1) Beginning July 1, 2016, and each July 1 and December
630 of every year thereafter, the circuit court clerk shall, in
7the form and manner prescribed by the Department of State
8Police, notify the Department of State Police, Firearm Owner's
9Identification (FOID) department if the court has not directed
10the circuit court clerk to notify the Department of State
11Police, Firearm Owner's Identification (FOID) department under
12subsection (b) of this Section, within the preceding 6 months,
13because no person has been adjudicated as a person with a
14mental disability by the court as defined in Section 1.1 of
15this Act or if no person has been involuntarily admitted. The
16Supreme Court may adopt any orders or rules necessary to
17identify the persons who shall be reported to the Department of
18State Police under subsection (b), or any other orders or rules
19necessary to implement the requirements of this Act.
20    (c) The Department of Human Services shall, in the form and
21manner prescribed by the Department of State Police, report all
22information collected under subsection (b) of Section 12 of the
23Mental Health and Developmental Disabilities Confidentiality
24Act for the purpose of determining whether a person who may be
25or may have been a patient in a mental health facility is
26disqualified under State or federal law from receiving or



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1retaining a Firearm Owner's Identification Card, or purchasing
2a weapon.
3    (d) If a person is determined to pose a clear and present
4danger to himself, herself, or to others:
5        (1) by a physician, clinical psychologist, or
6    qualified examiner, or is determined to have a
7    developmental disability by a physician, clinical
8    psychologist, or qualified examiner, whether employed by
9    the State or privately, then the physician, clinical
10    psychologist, or qualified examiner shall, within 24 hours
11    of making the determination, notify the Department of Human
12    Services that the person poses a clear and present danger
13    or has a developmental disability; or
14        (2) by a law enforcement official or school
15    administrator, then the law enforcement official or school
16    administrator shall, within 24 hours of making the
17    determination, notify the Department of State Police that
18    the person poses a clear and present danger.
19    The Department of Human Services shall immediately update
20its records and information relating to mental health and
21developmental disabilities, and if appropriate, shall notify
22the Department of State Police in a form and manner prescribed
23by the Department of State Police. The Department of State
24Police shall determine whether to revoke the person's Firearm
25Owner's Identification Card under Section 8 of this Act. Any
26information disclosed under this subsection shall remain



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1privileged and confidential, and shall not be redisclosed,
2except as required under subsection (e) of Section 3.1 of this
3Act, nor used for any other purpose. The method of providing
4this information shall guarantee that the information is not
5released beyond what is necessary for the purpose of this
6Section and shall be provided by rule by the Department of
7Human Services. The identity of the person reporting under this
8Section shall not be disclosed to the subject of the report.
9The physician, clinical psychologist, qualified examiner, law
10enforcement official, or school administrator making the
11determination and his or her employer shall not be held
12criminally, civilly, or professionally liable for making or not
13making the notification required under this subsection, except
14for willful or wanton misconduct.
15    (e) The Department of State Police shall adopt rules to
16implement this Section.
17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143,
18eff. 7-27-15.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".