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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||
5 | amended by changing Sections 4 and 8 as follows:
| |||||||||||||||||||||||
6 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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7 | Sec. 4. (a) Each applicant for a Firearm Owner's | |||||||||||||||||||||||
8 | Identification Card must:
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9 | (1) Make application on blank forms prepared and | |||||||||||||||||||||||
10 | furnished at convenient
locations throughout the State by | |||||||||||||||||||||||
11 | the Department of State Police, or by
electronic means, if | |||||||||||||||||||||||
12 | and when made available by the Department of State
Police; | |||||||||||||||||||||||
13 | and
| |||||||||||||||||||||||
14 | (2) Submit evidence to the Department of State Police | |||||||||||||||||||||||
15 | that:
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16 | (i) He or she is 21 years of age or over, or if he | |||||||||||||||||||||||
17 | or she is under 21
years of age that he or she has the | |||||||||||||||||||||||
18 | written consent of his or her parent or
legal guardian | |||||||||||||||||||||||
19 | to possess and acquire firearms and firearm ammunition | |||||||||||||||||||||||
20 | and that
he or she has never been convicted of a | |||||||||||||||||||||||
21 | misdemeanor other than a traffic
offense or adjudged
| |||||||||||||||||||||||
22 | delinquent, provided, however, that such parent or | |||||||||||||||||||||||
23 | legal guardian is not an
individual prohibited from |
| |||||||
| |||||||
1 | having a Firearm Owner's Identification Card and
files | ||||||
2 | an affidavit with the Department as prescribed by the | ||||||
3 | Department
stating that he or she is not an individual | ||||||
4 | prohibited from having a Card;
| ||||||
5 | (ii) He or she has not been convicted of a felony | ||||||
6 | under the laws of
this or any other jurisdiction;
| ||||||
7 | (iii) He or she is not addicted to narcotics;
| ||||||
8 | (iv) He or she has not been a patient in a mental | ||||||
9 | institution within
the past 5 years and he or she has | ||||||
10 | not been adjudicated as a mental defective;
| ||||||
11 | (v) He or she is not intellectually disabled;
| ||||||
12 | (vi) He or she is not an alien who is unlawfully | ||||||
13 | present in the
United States under the laws of the | ||||||
14 | United States;
| ||||||
15 | (vii) He or she is not subject to an existing order | ||||||
16 | of protection
prohibiting him or her from possessing a | ||||||
17 | firearm;
| ||||||
18 | (viii) He or she has not been convicted within the | ||||||
19 | past 5 years of
battery, assault, aggravated assault, | ||||||
20 | violation of an order of
protection, or a substantially | ||||||
21 | similar offense in another jurisdiction, in
which a | ||||||
22 | firearm was used or possessed;
| ||||||
23 | (ix) He or she has not been convicted of domestic | ||||||
24 | battery, aggravated domestic battery, or a
| ||||||
25 | substantially similar offense in another
jurisdiction | ||||||
26 | committed before, on or after January 1, 2012 (the |
| |||||||
| |||||||
1 | effective date of Public Act 97-158). If the applicant | ||||||
2 | knowingly and intelligently waives the right to have an | ||||||
3 | offense described in this clause (ix) tried by a jury, | ||||||
4 | and by guilty plea or otherwise, results in a | ||||||
5 | conviction for an offense in which a domestic | ||||||
6 | relationship is not a required element of the offense | ||||||
7 | but in which a determination of the applicability of 18 | ||||||
8 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
9 | Code of Criminal Procedure of 1963, an entry by the | ||||||
10 | court of a judgment of conviction for that offense | ||||||
11 | shall be grounds for denying the issuance of a Firearm | ||||||
12 | Owner's Identification Card under this Section;
| ||||||
13 | (x) (Blank);
| ||||||
14 | (xi) He or she is not an alien who has been | ||||||
15 | admitted to the United
States under a non-immigrant | ||||||
16 | visa (as that term is defined in Section
101(a)(26) of | ||||||
17 | the Immigration and Nationality Act (8 U.S.C. | ||||||
18 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
19 | been lawfully admitted to the United
States under a | ||||||
20 | non-immigrant visa if that alien is:
| ||||||
21 | (1) admitted to the United States for lawful | ||||||
22 | hunting or sporting
purposes;
| ||||||
23 | (2) an official representative of a foreign | ||||||
24 | government who is:
| ||||||
25 | (A) accredited to the United States | ||||||
26 | Government or the Government's
mission to an |
| |||||||
| |||||||
1 | international organization having its | ||||||
2 | headquarters in the United
States; or
| ||||||
3 | (B) en route to or from another country to | ||||||
4 | which that alien is
accredited;
| ||||||
5 | (3) an official of a foreign government or | ||||||
6 | distinguished foreign
visitor who has been so | ||||||
7 | designated by the Department of State;
| ||||||
8 | (4) a foreign law enforcement officer of a | ||||||
9 | friendly foreign
government entering the United | ||||||
10 | States on official business; or
| ||||||
11 | (5) one who has received a waiver from the | ||||||
12 | Attorney General of the
United States pursuant to | ||||||
13 | 18 U.S.C. 922(y)(3);
| ||||||
14 | (xii) He or she is not a minor subject to a | ||||||
15 | petition filed
under Section 5-520 of the Juvenile | ||||||
16 | Court Act of 1987 alleging that the
minor is a | ||||||
17 | delinquent minor for the commission of an offense that | ||||||
18 | if
committed by an adult would be a felony;
| ||||||
19 | (xiii) He or she is not an adult who had been | ||||||
20 | adjudicated a delinquent
minor under the Juvenile | ||||||
21 | Court Act of 1987 for the commission of an offense
that | ||||||
22 | if committed by an adult would be a felony; and
| ||||||
23 | (xiv) He or she is a resident of the State of | ||||||
24 | Illinois; and | ||||||
25 | (xv) He or she has received a psychiatric or | ||||||
26 | psychological evaluation by a psychiatrist, clinical |
| |||||||
| |||||||
1 | psychologist, or clinical social worker as those terms | ||||||
2 | are defined in the Mental Health and Developmental | ||||||
3 | Disabilities Code and has received a certification by | ||||||
4 | the psychiatrist, clinical psychologist, or clinical | ||||||
5 | social worker that he or she: | ||||||
6 | (1) is not a danger to himself, herself, or to | ||||||
7 | others; | ||||||
8 | (2) does not lack the mental capacity to manage | ||||||
9 | his or her
own affairs; | ||||||
10 | (3) is able to provide for his or her basic | ||||||
11 | physical needs so as to guard himself or herself | ||||||
12 | from serious harm without the assistance of family | ||||||
13 | or others; and | ||||||
14 | (4) does not have a state of mind manifested by | ||||||
15 | violent, suicidal, threatening, or assaultive | ||||||
16 | behavior that poses a clear and present danger to | ||||||
17 | himself, herself, or to others at the time of the | ||||||
18 | evaluation or in the future. | ||||||
19 | The certification shall be submitted to the | ||||||
20 | Department of State Police by the applicant at the time | ||||||
21 | of his or her application; and
| ||||||
22 | (3) Upon request by the Department of State Police, | ||||||
23 | sign a release on a
form prescribed by the Department of | ||||||
24 | State Police waiving any right to
confidentiality and | ||||||
25 | requesting the disclosure to the Department of State Police
| ||||||
26 | of limited mental health institution admission information |
| |||||||
| |||||||
1 | from another state,
the District of Columbia, any other | ||||||
2 | territory of the United States, or a
foreign nation | ||||||
3 | concerning the applicant for the sole purpose of | ||||||
4 | determining
whether the applicant is or was a patient in a | ||||||
5 | mental health institution and
disqualified because of that | ||||||
6 | status from receiving a Firearm Owner's
Identification | ||||||
7 | Card. No mental health care or treatment records may be
| ||||||
8 | requested. The information received shall be destroyed | ||||||
9 | within one year of
receipt.
| ||||||
10 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
11 | Card who is over
the age of 18 shall furnish to the Department | ||||||
12 | of State Police either his or
her Illinois driver's license | ||||||
13 | number or Illinois Identification Card number, except as
| ||||||
14 | provided in subsection (a-10).
| ||||||
15 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
16 | Card,
who is employed as a law enforcement officer, an armed | ||||||
17 | security officer in Illinois, or by the United States Military
| ||||||
18 | permanently assigned in Illinois and who is not an Illinois | ||||||
19 | resident, shall furnish to
the Department of State Police his | ||||||
20 | or her driver's license number or state
identification card | ||||||
21 | number from his or her state of residence. The Department
of | ||||||
22 | State Police may promulgate rules to enforce the provisions of | ||||||
23 | this
subsection (a-10).
| ||||||
24 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
25 | Identification Card moves from the residence address named in | ||||||
26 | the application, he or she shall immediately notify in a form |
| |||||||
| |||||||
1 | and manner prescribed by the Department of State Police of that | ||||||
2 | change of address. | ||||||
3 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
4 | Card shall furnish to the Department of State Police his or her | ||||||
5 | photograph. An applicant who is 21 years of age or older | ||||||
6 | seeking a religious exemption to the photograph requirement | ||||||
7 | must furnish with the application an approved copy of United | ||||||
8 | States Department of the Treasury Internal Revenue Service Form | ||||||
9 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
10 | seeking a religious exemption to the photograph requirement | ||||||
11 | shall submit fingerprints on a form and manner prescribed by | ||||||
12 | the Department with his or her application. | ||||||
13 | (b) Each application form shall include the following | ||||||
14 | statement printed in
bold type: "Warning: Entering false | ||||||
15 | information on an application for a Firearm
Owner's | ||||||
16 | Identification Card is punishable as a Class 2 felony in | ||||||
17 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
18 | Owners Identification Card
Act.".
| ||||||
19 | (c) Upon such written consent, pursuant to Section 4, | ||||||
20 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
21 | consent shall be liable for any
damages resulting from the | ||||||
22 | applicant's use of firearms or firearm ammunition.
| ||||||
23 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
24 | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
25 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
|
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| |||||||
1 | Sec. 8. The Department of State Police has authority to | ||||||
2 | deny an
application for or to revoke and seize a Firearm | ||||||
3 | Owner's Identification
Card previously issued under this Act | ||||||
4 | only if the Department finds that the
applicant or the person | ||||||
5 | to whom such card was issued is or was at the time
of issuance:
| ||||||
6 | (a) A person under 21 years of age who has been convicted | ||||||
7 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
8 | delinquent;
| ||||||
9 | (b) A person under 21 years of age who does not have the | ||||||
10 | written consent
of his parent or guardian to acquire and | ||||||
11 | possess firearms and firearm
ammunition, or whose parent or | ||||||
12 | guardian has revoked such written consent,
or where such parent | ||||||
13 | or guardian does not qualify to have a Firearm Owner's
| ||||||
14 | Identification Card;
| ||||||
15 | (c) A person convicted of a felony under the laws of this | ||||||
16 | or any other
jurisdiction;
| ||||||
17 | (d) A person addicted to narcotics;
| ||||||
18 | (e) A person who has been a patient of a mental institution | ||||||
19 | within the
past 5 years or has been adjudicated as a mental | ||||||
20 | defective;
| ||||||
21 | (f) A person whose mental condition is of such a nature | ||||||
22 | that it poses
a clear and present danger to the applicant, any | ||||||
23 | other person or persons or
the community;
| ||||||
24 | For the purposes of this Section, "mental condition" means | ||||||
25 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
26 | assaultive behavior.
|
| |||||||
| |||||||
1 | (g) A person who is intellectually disabled;
| ||||||
2 | (h) A person who intentionally makes a false statement in | ||||||
3 | the Firearm
Owner's Identification Card application;
| ||||||
4 | (i) An alien who is unlawfully present in
the United States | ||||||
5 | under the laws of the United States;
| ||||||
6 | (i-5) An alien who has been admitted to the United States | ||||||
7 | under a
non-immigrant visa (as that term is defined in Section | ||||||
8 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
9 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
10 | to any alien who has been lawfully admitted to
the United | ||||||
11 | States under a non-immigrant visa if that alien is:
| ||||||
12 | (1) admitted to the United States for lawful hunting or | ||||||
13 | sporting purposes;
| ||||||
14 | (2) an official representative of a foreign government | ||||||
15 | who is:
| ||||||
16 | (A) accredited to the United States Government or | ||||||
17 | the Government's
mission to an international | ||||||
18 | organization having its headquarters in the United
| ||||||
19 | States; or
| ||||||
20 | (B) en route to or from another country to which | ||||||
21 | that alien is
accredited;
| ||||||
22 | (3) an official of a foreign government or | ||||||
23 | distinguished foreign visitor
who has been so designated by | ||||||
24 | the Department of State;
| ||||||
25 | (4) a foreign law enforcement officer of a friendly | ||||||
26 | foreign government
entering the United States on official |
| |||||||
| |||||||
1 | business; or
| ||||||
2 | (5) one who has received a waiver from the Attorney | ||||||
3 | General of the United
States pursuant to 18 U.S.C. | ||||||
4 | 922(y)(3);
| ||||||
5 | (j) (Blank);
| ||||||
6 | (k) A person who has been convicted within the past 5 years | ||||||
7 | of battery,
assault, aggravated assault, violation of an order | ||||||
8 | of protection, or a
substantially similar offense in another | ||||||
9 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
10 | (l) A person who has been convicted of domestic battery, | ||||||
11 | aggravated domestic battery, or a substantially
similar | ||||||
12 | offense in another jurisdiction committed before, on or after | ||||||
13 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
14 | the applicant or person who has been previously issued a | ||||||
15 | Firearm Owner's Identification Card under this Act knowingly | ||||||
16 | and intelligently waives the right to have an offense described | ||||||
17 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
18 | otherwise, results in a conviction for an offense in which a | ||||||
19 | domestic relationship is not a required element of the offense | ||||||
20 | but in which a determination of the applicability of 18 U.S.C. | ||||||
21 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
22 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
23 | of conviction for that offense shall be grounds for denying an | ||||||
24 | application for and for revoking and seizing a Firearm Owner's | ||||||
25 | Identification Card previously issued to the person under this | ||||||
26 | Act;
|
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| |||||||
1 | (m) (Blank);
| ||||||
2 | (n) A person who is prohibited from acquiring or possessing
| ||||||
3 | firearms or firearm ammunition by any Illinois State statute or | ||||||
4 | by federal
law;
| ||||||
5 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
6 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
7 | delinquent minor for
the commission of an offense that if | ||||||
8 | committed by an adult would be a felony;
| ||||||
9 | (p) An adult who had been adjudicated a delinquent minor | ||||||
10 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
11 | offense that if committed by an
adult would be a felony; or
| ||||||
12 | (q) A person who is not a resident of the State of | ||||||
13 | Illinois, except as provided in subsection (a-10) of Section 4 ; | ||||||
14 | or . | ||||||
15 | (s) A person who has received a psychiatric or | ||||||
16 | psychological evaluation by a psychiatrist, clinical | ||||||
17 | psychologist, or clinical social worker as those terms are | ||||||
18 | defined in the Mental Health and Developmental Disabilities | ||||||
19 | Code and the psychiatrist, clinical psychologist, or clinical | ||||||
20 | social worker determines that the Card holder: | ||||||
21 | (1) is a danger to himself, herself, or to | ||||||
22 | others; | ||||||
23 | (2) lacks the mental capacity to manage his or | ||||||
24 | her
own affairs; | ||||||
25 | (3) is unable to provide for his or her basic | ||||||
26 | physical needs so as to guard himself or herself |
| |||||||
| |||||||
1 | from serious harm without the assistance of family | ||||||
2 | or others; and | ||||||
3 | (4) has a state of mind manifested by violent, | ||||||
4 | suicidal, threatening, or assaultive behavior that | ||||||
5 | poses a clear and present danger to himself, | ||||||
6 | herself, or to others at the time of the evaluation | ||||||
7 | or in the future. | ||||||
8 | The psychiatrist, clinical psychologist, or | ||||||
9 | clinical social worker shall immediately after making | ||||||
10 | the determination described in this subsection (s) | ||||||
11 | shall forward that information to the Department of | ||||||
12 | State Police. | ||||||
13 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
14 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
15 | Section 10. The Mental Health and Developmental | ||||||
16 | Disabilities Confidentiality Act is amended by changing | ||||||
17 | Section 11 as follows:
| ||||||
18 | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| ||||||
19 | Sec. 11. Disclosure of records and communications. Records | ||||||
20 | and
communications may be disclosed:
| ||||||
21 | (i) in accordance with the provisions of the
Abused and | ||||||
22 | Neglected Child Reporting Act, subsection (u) of Section 5 | ||||||
23 | of the Children and Family Services Act, or Section 7.4 of | ||||||
24 | the Child Care Act of 1969;
|
| |||||||
| |||||||
1 | (ii) when, and to the extent, a
therapist, in his or | ||||||
2 | her sole discretion, determines that disclosure is
| ||||||
3 | necessary to initiate or continue civil commitment or | ||||||
4 | involuntary treatment proceedings under the laws
of this | ||||||
5 | State or to otherwise protect the recipient or other person | ||||||
6 | against a
clear, imminent risk of serious physical or | ||||||
7 | mental injury or disease or death
being inflicted upon the | ||||||
8 | recipient or by the recipient on himself or another;
| ||||||
9 | (iii) when, and to the extent disclosure is, in the | ||||||
10 | sole discretion of the
therapist, necessary to the | ||||||
11 | provision of emergency medical care to a recipient
who is | ||||||
12 | unable to assert or waive his or her rights hereunder;
| ||||||
13 | (iv) when
disclosure is necessary to collect sums or | ||||||
14 | receive third
party payment representing charges for | ||||||
15 | mental health or developmental
disabilities services | ||||||
16 | provided by a therapist or agency to a recipient
under | ||||||
17 | Chapter V of the Mental Health and Developmental | ||||||
18 | Disabilities Code or to
transfer debts under the | ||||||
19 | Uncollected State Claims Act; however, disclosure
shall be | ||||||
20 | limited to information needed to pursue collection, and the
| ||||||
21 | information so disclosed shall not be used for any other | ||||||
22 | purposes nor shall it
be redisclosed except in connection | ||||||
23 | with collection activities;
| ||||||
24 | (v) when
requested by a family member, the Department | ||||||
25 | of Human Services may assist in
the location of the | ||||||
26 | interment site of a deceased recipient who is interred in a
|
| |||||||
| |||||||
1 | cemetery established under Section 26 of the Mental Health | ||||||
2 | and
Developmental Disabilities Administrative Act;
| ||||||
3 | (vi) in judicial proceedings
under Article VIII of | ||||||
4 | Chapter III and Article V of Chapter IV of the Mental
| ||||||
5 | Health and Developmental Disabilities Code and proceedings | ||||||
6 | and investigations
preliminary thereto, to the State's | ||||||
7 | Attorney for the county or residence of a
person who is the | ||||||
8 | subject of such proceedings, or in which the person is | ||||||
9 | found,
or in which the facility is located, to the attorney | ||||||
10 | representing the petitioner in the judicial proceedings, | ||||||
11 | to the attorney representing the recipient
in the judicial | ||||||
12 | proceedings, to any person or agency providing mental | ||||||
13 | health
services that are the subject of the proceedings and | ||||||
14 | to that person's or
agency's attorney, to any court | ||||||
15 | personnel, including but not limited to judges
and circuit | ||||||
16 | court clerks, and to a guardian ad litem if one has been | ||||||
17 | appointed
by the court. Information disclosed under this | ||||||
18 | subsection shall not be utilized
for any other purpose nor | ||||||
19 | be redisclosed except in connection with the
proceedings or | ||||||
20 | investigations. Copies of any records provided to counsel | ||||||
21 | for a petitioner shall be deleted or destroyed at the end | ||||||
22 | of the proceedings and counsel for petitioner shall certify | ||||||
23 | to the court in writing that he or she has done so. At the | ||||||
24 | request of a recipient or his or her counsel, the court | ||||||
25 | shall issue a protective order insuring the | ||||||
26 | confidentiality of any records or communications provided |
| |||||||
| |||||||
1 | to counsel for a petitioner;
| ||||||
2 | (vii) when, and to the extent disclosure is
necessary | ||||||
3 | to comply with the requirements of the Census Bureau in | ||||||
4 | taking the
federal Decennial Census;
| ||||||
5 | (viii) when, and to the extent, in the
therapist's sole | ||||||
6 | discretion, disclosure is necessary to warn or protect a
| ||||||
7 | specific individual against whom a recipient has made a | ||||||
8 | specific threat of
violence where there exists a | ||||||
9 | therapist-recipient relationship or a special
| ||||||
10 | recipient-individual relationship;
| ||||||
11 | (ix) in accordance with the Sex Offender
Registration | ||||||
12 | Act;
| ||||||
13 | (x) in accordance with the Rights of Crime Victims and
| ||||||
14 | Witnesses Act; | ||||||
15 | (xi) in accordance with Section 6 of the Abused and | ||||||
16 | Neglected Long Term Care Facility Residents Reporting Act; | ||||||
17 | and | ||||||
18 | (xii) in accordance with Section 55 of the Abuse of | ||||||
19 | Adults with Disabilities Intervention Act ; and | ||||||
20 | (xiii) in accordance with clause (a)(2)(xv) of Section | ||||||
21 | 4 and subsection (s) of Section 8 of the Firearm Owners | ||||||
22 | Identification Card Act .
| ||||||
23 | Any person, institution, or agency, under
this Act, | ||||||
24 | participating in good faith in the making of a report under the
| ||||||
25 | Abused and Neglected Child Reporting Act or in the disclosure | ||||||
26 | of records and
communications under this Section, shall have |
| |||||||
| |||||||
1 | immunity from any liability,
civil, criminal or otherwise, that | ||||||
2 | might result by reason of such action. For
the purpose of any | ||||||
3 | proceeding, civil or criminal, arising out of a report or
| ||||||
4 | disclosure under this Section, the good faith of any person, | ||||||
5 | institution, or
agency so reporting or disclosing shall be | ||||||
6 | presumed.
| ||||||
7 | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; | ||||||
8 | 97-375, eff. 8-15-11.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|