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Public Act 099-0696 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Firearm Owners Identification Card Act is | ||||
amended by changing Section 8.1 as follows:
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(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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Sec. 8.1. Notifications to the Department of State Police.
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(a) The Circuit Clerk shall, in the form and manner | ||||
required by the
Supreme Court, notify the Department of State | ||||
Police of all final dispositions
of cases for which the | ||||
Department has received information reported to it under
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Sections 2.1 and 2.2 of the Criminal Identification Act.
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(b) Upon adjudication of any individual as a person with a | ||||
mental disability as defined in Section 1.1 of this Act or a | ||||
finding that a person has been involuntarily admitted, the | ||||
court shall direct the circuit court clerk to immediately | ||||
notify the Department of State Police, Firearm Owner's | ||||
Identification (FOID) department, and shall forward a copy of | ||||
the court order to the Department. | ||||
(b-1) Beginning July 1, 2016, and each July 1 and December | ||||
30 of every year thereafter, the circuit court clerk shall, in | ||||
the form and manner prescribed by the Department of State | ||||
Police, notify the Department of State Police, Firearm Owner's |
Identification (FOID) department if the court has not directed | ||
the circuit court clerk to notify the Department of State | ||
Police, Firearm Owner's Identification (FOID) department under | ||
subsection (b) of this Section, within the preceding 6 months, | ||
because no person has been adjudicated as a person with a | ||
mental disability by the court as defined in Section 1.1 of | ||
this Act or if no person has been involuntarily admitted. The | ||
Supreme Court may adopt any orders or rules necessary to | ||
identify the persons who shall be reported to the Department of | ||
State Police under subsection (b), or any other orders or rules | ||
necessary to implement the requirements of this Act. | ||
(c) The Department of Human Services shall, in the form and | ||
manner prescribed by the Department of State Police, report all | ||
information collected under subsection (b) of Section 12 of the | ||
Mental Health and Developmental Disabilities Confidentiality | ||
Act for the purpose of determining whether a person who may be | ||
or may have been a patient in a mental health facility is | ||
disqualified under State or federal law from receiving or | ||
retaining a Firearm Owner's Identification Card, or purchasing | ||
a weapon. | ||
(d) If a person is determined to pose a clear and present | ||
danger to himself, herself, or to others: | ||
(1) by a physician, clinical psychologist, or | ||
qualified examiner, or is determined to have a | ||
developmental disability by a physician, clinical | ||
psychologist, or qualified examiner, whether employed by |
the State or privately, then the physician, clinical | ||
psychologist, or qualified examiner shall, within 24 hours | ||
of making the determination, notify the Department of Human | ||
Services that the person poses a clear and present danger | ||
or has a developmental disability; or | ||
(2) by a law enforcement official or school | ||
administrator, then the law enforcement official or school | ||
administrator shall, within 24 hours of making the | ||
determination, notify the Department of State Police that | ||
the person poses a clear and present danger. | ||
The Department of Human Services shall immediately update | ||
its records and information relating to mental health and | ||
developmental disabilities, and if appropriate, shall notify | ||
the Department of State Police in a form and manner prescribed | ||
by the Department of State Police. The Department of State | ||
Police shall determine whether to revoke the person's Firearm | ||
Owner's Identification Card under Section 8 of this Act. Any | ||
information disclosed under this subsection shall remain | ||
privileged and confidential, and shall not be redisclosed, | ||
except as required under subsection (e) of Section 3.1 of this | ||
Act, nor used for any other purpose. The method of providing | ||
this information shall guarantee that the information is not | ||
released beyond what is necessary for the purpose of this | ||
Section and shall be provided by rule by the Department of | ||
Human Services. The identity of the person reporting under this | ||
Section shall not be disclosed to the subject of the report. |
The physician, clinical psychologist, qualified examiner, law | ||
enforcement official, or school administrator making the | ||
determination and his or her employer shall not be held | ||
criminally, civilly, or professionally liable for making or not | ||
making the notification required under this subsection, except | ||
for willful or wanton misconduct. | ||
(e) The Department of State Police shall adopt rules to | ||
implement this Section. | ||
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, | ||
eff. 7-27-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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