|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning health.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Section 3.1 as follows:
| ||||||
6 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
7 | Sec. 3.1. Dial up system. | ||||||
8 | (a) The Department of State Police shall provide
a dial up | ||||||
9 | telephone system or utilize other existing technology which | ||||||
10 | shall be used by any federally licensed
firearm dealer, gun | ||||||
11 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
12 | stun gun, or taser under the provisions of this
Act. The | ||||||
13 | Department of State Police may utilize existing technology | ||||||
14 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
15 | Fees collected by the Department of
State Police shall be | ||||||
16 | deposited in the State Police Services Fund and used
to provide | ||||||
17 | the service.
| ||||||
18 | (b) Upon receiving a request from a federally licensed | ||||||
19 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
20 | Department of State Police shall immediately approve, or within | ||||||
21 | the time
period established by Section 24-3 of the Criminal | ||||||
22 | Code of 1961 regarding
the delivery of firearms, stun guns, and | ||||||
23 | tasers notify the inquiring dealer, gun show promoter, or gun |
| |||||||
| |||||||
1 | show vendor of any objection that
would disqualify the | ||||||
2 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
3 | taser. In
conducting the inquiry, the Department of State | ||||||
4 | Police shall initiate and
complete an automated search of its | ||||||
5 | criminal history record information
files and those of the | ||||||
6 | Federal Bureau of Investigation, including the
National | ||||||
7 | Instant Criminal Background Check System, and of the files of
| ||||||
8 | the Department of Human Services relating to mental health and
| ||||||
9 | developmental disabilities to obtain
any felony conviction or | ||||||
10 | patient hospitalization information which would
disqualify a | ||||||
11 | person from obtaining or require revocation of a currently
| ||||||
12 | valid Firearm Owner's Identification Card. | ||||||
13 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
14 | of the Criminal Code of 1961, federal law, or this Act the | ||||||
15 | Department of State Police shall: | ||||||
16 | (1) assign a unique identification number to the | ||||||
17 | transfer; and | ||||||
18 | (2) provide the licensee, gun show promoter, or gun | ||||||
19 | show vendor with the number. | ||||||
20 | (d) Approvals issued by the Department of State Police for | ||||||
21 | the purchase of a firearm are valid for 30 days from the date | ||||||
22 | of issue.
| ||||||
23 | (e) (1) The Department of State Police must act as the | ||||||
24 | Illinois Point of Contact
for the National Instant Criminal | ||||||
25 | Background Check System. | ||||||
26 | (2) The Department of State Police and the Department of |
| |||||||
| |||||||
1 | Human Services shall, in accordance with State and federal law | ||||||
2 | regarding confidentiality, enter into a memorandum of | ||||||
3 | understanding with the Federal Bureau of Investigation for the | ||||||
4 | purpose of implementing the National Instant Criminal | ||||||
5 | Background Check System in the State. The Department of State | ||||||
6 | Police shall report the name, date of birth, and physical | ||||||
7 | description of any person prohibited from possessing a firearm | ||||||
8 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
9 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
10 | Background Check System Index, Denied Persons Files.
| ||||||
11 | (f) The Department of State Police shall promulgate rules | ||||||
12 | not inconsistent with this Section to implement this
system.
| ||||||
13 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised | ||||||
14 | 8-19-05.)
| ||||||
15 | Section 10. The Mental Health and Developmental | ||||||
16 | Disabilities Confidentiality Act is amended by changing | ||||||
17 | Section 12 as follows:
| ||||||
18 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
19 | Sec. 12. (a) If the United States Secret Service or the | ||||||
20 | Department of
State Police requests information from a mental | ||||||
21 | health or developmental
disability facility, as defined in | ||||||
22 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
23 | Disabilities Code, relating to a specific
recipient and the | ||||||
24 | facility director determines that disclosure of such
|
| |||||||
| |||||||
1 | information may be necessary to protect the life of, or to | ||||||
2 | prevent
the infliction of great bodily harm to, a public | ||||||
3 | official,
or a person under the protection of the United
States | ||||||
4 | Secret Service, only the following information
may be | ||||||
5 | disclosed: the recipient's name, address, and age and the date | ||||||
6 | of
any admission to or discharge from a facility; and any | ||||||
7 | information which
would indicate whether or not the recipient | ||||||
8 | has a history of violence or
presents a danger of violence to | ||||||
9 | the person under protection. Any information
so disclosed shall | ||||||
10 | be used for investigative purposes only and shall not
be | ||||||
11 | publicly disseminated.
Any person participating in good faith | ||||||
12 | in the disclosure of such
information in accordance with this | ||||||
13 | provision shall have immunity from any
liability, civil, | ||||||
14 | criminal or otherwise, if such information is disclosed
relying | ||||||
15 | upon the representation of an officer of the United States | ||||||
16 | Secret
Service or the Department of State Police that a person | ||||||
17 | is under the
protection of the United States Secret Service or | ||||||
18 | is a public official.
| ||||||
19 | For the purpose of this subsection (a), the term "public | ||||||
20 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
21 | General, Secretary of State,
State Comptroller, State | ||||||
22 | Treasurer or member of the General Assembly. The
term shall | ||||||
23 | also include the spouse, child or children of a public | ||||||
24 | official.
| ||||||
25 | (b) The Department of Human Services (acting as successor | ||||||
26 | to the
Department of Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities) and all
public or private hospitals and mental | ||||||
2 | health facilities are required, as hereafter described in this | ||||||
3 | subsection,
to furnish the Department of State Police only such | ||||||
4 | information as may
be required for the sole purpose of | ||||||
5 | determining whether an individual who
may be or may have been a | ||||||
6 | patient is disqualified because of that status
from receiving | ||||||
7 | or retaining a Firearm Owner's Identification Card under
| ||||||
8 | subsection (e) or (f) of Section 8 of the Firearm Owners | ||||||
9 | Identification Card
Act or 18 U.S.C. 922(g) and (n) . All public | ||||||
10 | or private hospitals and mental health facilities shall, in the | ||||||
11 | form and manner required
by the Department, provide such | ||||||
12 | information as shall be necessary for the
Department to comply | ||||||
13 | with the reporting requirements to the Department of
State | ||||||
14 | Police. Such information shall be furnished within 7
30 days | ||||||
15 | after
admission to a public or private hospital or mental | ||||||
16 | health facility or the provision of services to a patient | ||||||
17 | described in clause (2) of this subsection (b) . Any such | ||||||
18 | information disclosed under
this subsection shall
remain | ||||||
19 | privileged and confidential, and shall not be redisclosed , | ||||||
20 | except as required by clause (e)(2) of Section 3.1 of the | ||||||
21 | Firearm Owners Identification Card Act, nor utilized
for any | ||||||
22 | other purpose. The method of requiring the providing of such
| ||||||
23 | information shall guarantee that no information is released | ||||||
24 | beyond what
is necessary for this purpose. In addition, the | ||||||
25 | information disclosed
shall be provided
by the Department | ||||||
26 | within the time period established by Section 24-3 of the
|
| |||||||
| |||||||
1 | Criminal Code of 1961 regarding the delivery of firearms. The | ||||||
2 | method used
shall be sufficient to provide the necessary | ||||||
3 | information within the
prescribed time period, which may | ||||||
4 | include periodically providing
lists to the Department of Human | ||||||
5 | Services
or any public or private hospital or mental health | ||||||
6 | facility of Firearm Owner's Identification Card applicants
on | ||||||
7 | which the Department or hospital shall indicate the identities | ||||||
8 | of those
individuals who are to its knowledge disqualified from | ||||||
9 | having a Firearm
Owner's Identification Card for reasons | ||||||
10 | described herein. The Department
may provide for a centralized | ||||||
11 | source
of information for the State on this subject under its | ||||||
12 | jurisdiction.
| ||||||
13 | Any person, institution, or agency, under this Act, | ||||||
14 | participating in
good faith in the reporting or disclosure of | ||||||
15 | records and communications
otherwise in accordance with this | ||||||
16 | provision or with rules, regulations or
guidelines issued by | ||||||
17 | the Department shall have immunity from any
liability, civil, | ||||||
18 | criminal or otherwise, that might result by reason of the
| ||||||
19 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
20 | arising out of a report or disclosure in accordance with this | ||||||
21 | provision,
the good faith of any person,
institution, or agency | ||||||
22 | so reporting or disclosing shall be presumed. The
full extent | ||||||
23 | of the immunity provided in this subsection (b) shall apply to
| ||||||
24 | any person, institution or agency that fails to make a report | ||||||
25 | or disclosure
in the good faith belief that the report or | ||||||
26 | disclosure would violate
federal regulations governing the |
| |||||||
| |||||||
1 | confidentiality of alcohol and drug abuse
patient records | ||||||
2 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
3 | For purposes of this subsection (b) only, the following | ||||||
4 | terms shall have
the meaning prescribed:
| ||||||
5 | (1) "Hospital" means only that type of institution | ||||||
6 | which is providing
full-time residential facilities and | ||||||
7 | treatment .
for in-patients and excludes
institutions, such | ||||||
8 | as community clinics, which only provide treatment to | ||||||
9 | out-patients.
| ||||||
10 | (2) "Patient" shall include only: (i) a person who is | ||||||
11 | an in-patient or resident of any public or private hospital | ||||||
12 | or mental health facility or (ii) a person who is an | ||||||
13 | out-patient or provided services by a public or private | ||||||
14 | hospital or mental health facility whose mental condition | ||||||
15 | is of such a nature that it is manifested by violent, | ||||||
16 | suicidal, threatening, or assaultive behavior or reported | ||||||
17 | behavior, for which there is a reasonable belief by a | ||||||
18 | physician, clinical psychologist, or qualified examiner | ||||||
19 | that the condition poses a clear and present or imminent | ||||||
20 | danger to the patient, any other person or the community | ||||||
21 | meaning the patient's condition poses a clear and present | ||||||
22 | danger in accordance with subsection
(f) of Section 8 of | ||||||
23 | the Firearm Owners Identification Card Act. The terms | ||||||
24 | physician, clinical psychologist, and qualified examiner | ||||||
25 | are defined in Sections 1-120, 1-103, and 1-122 of the | ||||||
26 | Mental Health and Developmental Disabilities Code.
mean |
| |||||||
| |||||||
1 | only a person who is an in-patient or resident
of any | ||||||
2 | hospital, not an out-patient or client seen solely for | ||||||
3 | periodic consultation .
| ||||||
4 | (3) "Mental health facility" is defined by Section | ||||||
5 | 1-114 of the Mental Health and Developmental Disabilities | ||||||
6 | Code.
| ||||||
7 | (c) Upon the request of a peace officer who takes a person | ||||||
8 | into custody
and transports such person to a mental health or | ||||||
9 | developmental disability
facility pursuant to Section 3-606 or | ||||||
10 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
11 | or who transports a person from such facility,
a facility | ||||||
12 | director shall furnish said peace officer the name, address, | ||||||
13 | age
and name of the nearest relative of the person transported | ||||||
14 | to or from the
mental health or developmental disability | ||||||
15 | facility. In no case shall the
facility director disclose to | ||||||
16 | the peace officer any information relating to the
diagnosis, | ||||||
17 | treatment or evaluation of the person's mental or physical | ||||||
18 | health.
| ||||||
19 | For the purposes of this subsection (c), the terms "mental | ||||||
20 | health or
developmental disability facility", "peace officer" | ||||||
21 | and "facility director"
shall have the meanings ascribed to | ||||||
22 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
23 | (d) Upon the request of a peace officer or prosecuting | ||||||
24 | authority who is
conducting a bona fide investigation of a | ||||||
25 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
26 | justice,
a facility director may disclose whether a person is |
| |||||||
| |||||||
1 | present at the facility.
Upon request of a peace officer or | ||||||
2 | prosecuting authority who has a valid
forcible felony warrant | ||||||
3 | issued, a facility director shall disclose: (1) whether
the | ||||||
4 | person who is the subject of the warrant is present at the | ||||||
5 | facility and (2)
the
date of that person's discharge or future | ||||||
6 | discharge from the facility.
The requesting peace officer or | ||||||
7 | prosecuting authority must furnish a case
number and the | ||||||
8 | purpose of the investigation or an outstanding arrest warrant | ||||||
9 | at
the time of the request. Any person, institution, or agency
| ||||||
10 | participating in good faith in disclosing such information in | ||||||
11 | accordance with
this subsection (d) is immune from any | ||||||
12 | liability, civil, criminal or
otherwise, that might result by | ||||||
13 | reason of the action.
| ||||||
14 | (Source: P.A. 92-738, eff. 7-25-02.)
|