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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||
5 | amended by changing Section 8.1 as follows:
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6 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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7 | Sec. 8.1. Notifications to the Department of State Police.
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8 | (a) The
The Circuit Clerk shall, in the form and manner | |||||||||||||||||||
9 | required by the
Supreme Court, notify the Department of State | |||||||||||||||||||
10 | Police of all final dispositions
of cases for which the | |||||||||||||||||||
11 | Department has received information reported to it under
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12 | Sections 2.1 and 2.2 of the Criminal Identification Act. | |||||||||||||||||||
13 | (b) Upon adjudication of any individual as a person with a | |||||||||||||||||||
14 | mental disability as defined in Section 1.1 of this Act or a | |||||||||||||||||||
15 | finding that a person has been involuntarily admitted, the | |||||||||||||||||||
16 | court shall direct the circuit court clerk to immediately | |||||||||||||||||||
17 | notify the Department of State Police, Firearm Owner's | |||||||||||||||||||
18 | Identification (FOID) department, and shall forward a copy of | |||||||||||||||||||
19 | the court order to the Department. | |||||||||||||||||||
20 | (b-1) Beginning July 1, 2016, and each July 1 and December | |||||||||||||||||||
21 | 30 of every year thereafter, the circuit court clerk shall, in | |||||||||||||||||||
22 | the form and manner prescribed by the Department of State | |||||||||||||||||||
23 | Police, notify the Department of State Police, Firearm Owner's |
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1 | Identification (FOID) department if the court has not directed | ||||||
2 | the circuit court clerk to notify the Department of State | ||||||
3 | Police, Firearm Owner's Identification (FOID) department under | ||||||
4 | subsection (b) of this Section, within the preceding 6 months, | ||||||
5 | because no person has been adjudicated as a person with a | ||||||
6 | mental disability by the court as defined in Section 1.1 of | ||||||
7 | this Act or if no person has been involuntarily admitted. The | ||||||
8 | Supreme Court may adopt any orders or rules necessary to | ||||||
9 | identify the persons who shall be reported to the Department of | ||||||
10 | State Police under subsection (b), or any other orders or rules | ||||||
11 | necessary to implement the requirements of this Act. | ||||||
12 | (c) The Department of Human Services shall, in the form and | ||||||
13 | manner prescribed by the Department of State Police, report all | ||||||
14 | information collected under subsection (b) of Section 12 of the | ||||||
15 | Mental Health and Developmental Disabilities Confidentiality | ||||||
16 | Act for the purpose of determining whether a person who may be | ||||||
17 | or may have been a patient in a mental health facility is | ||||||
18 | disqualified under State or federal law from receiving or | ||||||
19 | retaining a Firearm Owner's Identification Card, or purchasing | ||||||
20 | a weapon. | ||||||
21 | (d) If a person is determined to pose a clear and present | ||||||
22 | danger 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 |
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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 | ||||||
12 | its records and information relating to mental health and | ||||||
13 | developmental disabilities, and if appropriate, shall notify | ||||||
14 | the Department of State Police in a form and manner prescribed | ||||||
15 | by the Department of State Police. The Department of State | ||||||
16 | Police shall determine whether to revoke the person's Firearm | ||||||
17 | Owner's Identification Card under Section 8 of this Act. Any | ||||||
18 | information disclosed under this subsection shall remain | ||||||
19 | privileged and confidential, and shall not be redisclosed, | ||||||
20 | except as required under subsection (e) of Section 3.1 of this | ||||||
21 | Act, nor used for any other purpose. The method of providing | ||||||
22 | this information shall guarantee that the information is not | ||||||
23 | released beyond what is necessary for the purpose of this | ||||||
24 | Section and shall be provided by rule by the Department of | ||||||
25 | Human Services. The identity of the person reporting under this | ||||||
26 | Section shall not be disclosed to the subject of the report. |
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1 | The physician, clinical psychologist, qualified examiner, law | ||||||
2 | enforcement official, or school administrator making the | ||||||
3 | determination and his or her employer shall not be held | ||||||
4 | criminally, civilly, or professionally liable for making or not | ||||||
5 | making the notification required under this subsection, except | ||||||
6 | for willful or wanton misconduct. | ||||||
7 | (e) The Department of State Police shall adopt rules to | ||||||
8 | implement this Section. | ||||||
9 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, | ||||||
10 | eff. 7-27-15; 99-696, eff. 7-29-16.)
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