Sen. Julie A. Morrison
Filed: 4/1/2016
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1 | AMENDMENT TO SENATE BILL 2213
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2 | AMENDMENT NO. ______. Amend Senate Bill 2213 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 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.
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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 |
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1 | notify the Department of State Police, Firearm Owner's | ||||||
2 | Identification (FOID) department, and shall forward a copy of | ||||||
3 | the court order to the Department. Beginning July 1, 2016, and | ||||||
4 | each July 1 and December 30 of every year thereafter, the | ||||||
5 | circuit court clerk shall, in the form and manner prescribed by | ||||||
6 | the Department of State Police, notify the Department of State | ||||||
7 | Police, Firearm Owner's Identification (FOID) department, if | ||||||
8 | no person has been adjudicated as a person with a mental | ||||||
9 | disability by the court as defined in Section 1.1 of this Act | ||||||
10 | or if no person has been involuntarily admitted by the court | ||||||
11 | within the preceding 6 months. The Supreme Court may adopt any | ||||||
12 | orders or rules necessary to identify the individuals who shall | ||||||
13 | be reported to the Department of State Police under this | ||||||
14 | subsection (b), or any other orders or rules necessary to | ||||||
15 | implement the requirements of this Act. | ||||||
16 | (c) The Department of Human Services shall, in the form and | ||||||
17 | manner prescribed by the Department of State Police, report all | ||||||
18 | information collected under subsection (b) of Section 12 of the | ||||||
19 | Mental Health and Developmental Disabilities Confidentiality | ||||||
20 | Act for the purpose of determining whether a person who may be | ||||||
21 | or may have been a patient in a mental health facility is | ||||||
22 | disqualified under State or federal law from receiving or | ||||||
23 | retaining a Firearm Owner's Identification Card, or purchasing | ||||||
24 | a weapon. | ||||||
25 | (d) If a person is determined to pose a clear and present | ||||||
26 | danger 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 | ||||||
16 | its records and information relating to mental health and | ||||||
17 | developmental disabilities, and if appropriate, shall notify | ||||||
18 | the Department of State Police in a form and manner prescribed | ||||||
19 | by the Department of State Police. The Department of State | ||||||
20 | Police shall determine whether to revoke the person's Firearm | ||||||
21 | Owner's Identification Card under Section 8 of this Act. Any | ||||||
22 | information disclosed under this subsection shall remain | ||||||
23 | privileged and confidential, and shall not be redisclosed, | ||||||
24 | except as required under subsection (e) of Section 3.1 of this | ||||||
25 | Act, nor used for any other purpose. The method of providing | ||||||
26 | this information shall guarantee that the information is not |
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1 | released beyond what is necessary for the purpose of this | ||||||
2 | Section and shall be provided by rule by the Department of | ||||||
3 | Human Services. The identity of the person reporting under this | ||||||
4 | Section shall not be disclosed to the subject of the report. | ||||||
5 | The physician, clinical psychologist, qualified examiner, law | ||||||
6 | enforcement official, or school administrator making the | ||||||
7 | determination and his or her employer shall not be held | ||||||
8 | criminally, civilly, or professionally liable for making or not | ||||||
9 | making the notification required under this subsection, except | ||||||
10 | for willful or wanton misconduct. | ||||||
11 | (e) The Department of State Police shall adopt rules to | ||||||
12 | implement this Section. | ||||||
13 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, | ||||||
14 | eff. 7-27-15.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
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