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Rep. Michael P. McAuliffe
Filed: 4/6/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5231
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5231 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the Law |
| 5 | | Enforcement Support Program Confidentiality Act.
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| 6 | | Section 5. Law enforcement support program |
| 7 | | confidentiality. |
| 8 | | (a) In this Act: |
| 9 | | "Peer support program" means a program established by a |
| 10 | | law enforcement agency, public safety employer, union, or |
| 11 | | other entity providing counseling support, referrals, |
| 12 | | information, or other social services to law enforcement |
| 13 | | officers, public safety employees, peace officers, |
| 14 | | firefighters, or emergency services personnel. |
| 15 | | "Peer support counselor" is a person offering |
| 16 | | counseling services through a peer support program. |
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| 1 | | (b) Information, omissions, confessions, or other |
| 2 | | communication obtained by a participant in a peer support |
| 3 | | program involving a peer support counselor from a law |
| 4 | | enforcement officer, public safety employee, peace officer, |
| 5 | | firefighter, or emergency services personnel shall be |
| 6 | | considered confidential information and shall not be released |
| 7 | | to any person or entity, including, but not limited to, a |
| 8 | | court, administrative agency or tribunal, or public officer or |
| 9 | | employer, unless: (1) to the extent it appears necessary to |
| 10 | | prevent the commission of an act that is likely to result in a |
| 11 | | clear imminent risk of serious physical injury or death of a |
| 12 | | person or persons; (2) when required by court order; (3) when, |
| 13 | | after full disclosure has been provided, the person who made |
| 14 | | the confession, admission, or other communication has given |
| 15 | | specific written consent; (4) there is information regarding |
| 16 | | any violation of law; (5) there is any information mandated by |
| 17 | | law or directive to be reported; or (6) there is information |
| 18 | | related to discrimination, harassment, or retaliation if |
| 19 | | otherwise required to be reported.
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| 20 | | Section 105. The Uniform Peace Officers' Disciplinary Act |
| 21 | | is amended by adding Section 7.2 as follows:
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| 22 | | (50 ILCS 725/7.2 new) |
| 23 | | Sec. 7.2. Possession of a Firearm Owner's Identification |
| 24 | | Card. An employer of an officer shall not make possession of a |