Sen. Dan Kotowski
Filed: 5/17/2007
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1 | AMENDMENT TO SENATE BILL 940
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2 | AMENDMENT NO. ______. Amend Senate Bill 940 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 3.1 as follows:
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6 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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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 |
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1 | the service.
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2 | (b) Upon receiving a request from a federally licensed | ||||||
3 | firearm dealer, gun show promoter, or gun show vendor, the
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4 | Department of State Police shall immediately approve, or within | ||||||
5 | the time
period established by Section 24-3 of the Criminal | ||||||
6 | Code of 1961 regarding
the delivery of firearms, stun guns, and | ||||||
7 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
8 | show vendor of any objection that
would disqualify the | ||||||
9 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
10 | taser. In
conducting the inquiry, the Department of State | ||||||
11 | Police shall initiate and
complete an automated search of its | ||||||
12 | criminal history record information
files and those of the | ||||||
13 | Federal Bureau of Investigation, including the
National | ||||||
14 | Instant Criminal Background Check System, and of the files of
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15 | the Department of Human Services relating to mental health and
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16 | developmental disabilities to obtain
any felony conviction or | ||||||
17 | patient hospitalization information which would
disqualify a | ||||||
18 | person from obtaining or require revocation of a currently
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19 | valid Firearm Owner's Identification Card. | ||||||
20 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
21 | of the Criminal Code of 1961, federal law, or this Act the | ||||||
22 | Department of State Police shall: | ||||||
23 | (1) assign a unique identification number to the | ||||||
24 | transfer; and | ||||||
25 | (2) provide the licensee, gun show promoter, or gun | ||||||
26 | show vendor with the number. |
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1 | (d) Approvals issued by the Department of State Police for | ||||||
2 | the purchase of a firearm are valid for 30 days from the date | ||||||
3 | of issue.
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4 | (e) (1) The Department of State Police must act as the | ||||||
5 | Illinois Point of Contact
for the National Instant Criminal | ||||||
6 | Background Check System. | ||||||
7 | (2) The Department of State Police and the Department of | ||||||
8 | Human Services shall, in accordance with State and federal law | ||||||
9 | regarding confidentiality, enter into a memorandum of | ||||||
10 | understanding with the Federal Bureau of Investigation for the | ||||||
11 | purpose of implementing the National Instant Criminal | ||||||
12 | Background Check System in the State. The Department of State | ||||||
13 | Police shall report the name, date of birth, and physical | ||||||
14 | description of any person prohibited from possessing a firearm | ||||||
15 | pursuant to the Firearm Owners Identification Card Act and 18 | ||||||
16 | USC 922(g) and (n) to the National Instant Criminal Background | ||||||
17 | Check System Index, Denied Persons Files.
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18 | (f) The Department of State Police shall promulgate rules | ||||||
19 | not inconsistent with this Section to implement this
system.
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20 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised | ||||||
21 | 8-19-05.)
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22 | Section 10. The Mental Health and Developmental | ||||||
23 | Disabilities Confidentiality Act is amended by changing | ||||||
24 | Section 12 as follows:
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1 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
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2 | Sec. 12. (a) If the United States Secret Service or the | ||||||
3 | Department of
State Police requests information from a mental | ||||||
4 | health or developmental
disability facility, as defined in | ||||||
5 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
6 | Disabilities Code, relating to a specific
recipient and the | ||||||
7 | facility director determines that disclosure of such
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8 | information may be necessary to protect the life of, or to | ||||||
9 | prevent
the infliction of great bodily harm to, a public | ||||||
10 | official,
or a person under the protection of the United
States | ||||||
11 | Secret Service, only the following information
may be | ||||||
12 | disclosed: the recipient's name, address, and age and the date | ||||||
13 | of
any admission to or discharge from a facility; and any | ||||||
14 | information which
would indicate whether or not the recipient | ||||||
15 | has a history of violence or
presents a danger of violence to | ||||||
16 | the person under protection. Any information
so disclosed shall | ||||||
17 | be used for investigative purposes only and shall not
be | ||||||
18 | publicly disseminated.
Any person participating in good faith | ||||||
19 | in the disclosure of such
information in accordance with this | ||||||
20 | provision shall have immunity from any
liability, civil, | ||||||
21 | criminal or otherwise, if such information is disclosed
relying | ||||||
22 | upon the representation of an officer of the United States | ||||||
23 | Secret
Service or the Department of State Police that a person | ||||||
24 | is under the
protection of the United States Secret Service or | ||||||
25 | is a public official.
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26 | For the purpose of this subsection (a), the term "public |
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1 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
2 | General, Secretary of State,
State Comptroller, State | ||||||
3 | Treasurer or member of the General Assembly. The
term shall | ||||||
4 | also include the spouse, child or children of a public | ||||||
5 | official.
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6 | (b) The Department of Human Services (acting as successor | ||||||
7 | to the
Department of Mental Health and Developmental | ||||||
8 | Disabilities) and all
public or private hospitals and mental | ||||||
9 | health facilities as described in clause (3) of this subsection | ||||||
10 | (b), are required, as hereafter described in this subsection,
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11 | to furnish the Department of State Police only such information | ||||||
12 | as may
be required for the sole purpose of determining whether | ||||||
13 | an individual who
may be or may have been a patient is | ||||||
14 | disqualified because of that status
from receiving or retaining | ||||||
15 | a Firearm Owner's Identification Card under
subsections
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16 | subsection (e) and (f) of Section 8 of the Firearm Owners | ||||||
17 | Identification Card
Act and 18 USC 922(g) and (n) . All public | ||||||
18 | or private hospitals and mental health facilities shall, in the | ||||||
19 | form and manner required
by the Department, provide such | ||||||
20 | information as shall be necessary for the
Department to comply | ||||||
21 | with the reporting requirements to the Department of
State | ||||||
22 | Police. Such information shall be furnished within 7
30 days | ||||||
23 | after
admission to a public or private hospital or mental | ||||||
24 | health facility or the provision of services to a person | ||||||
25 | described in clause (2) of this subsection (b) . Any such | ||||||
26 | information disclosed under
this subsection shall
remain |
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1 | privileged and confidential, and shall not be redisclosed nor | ||||||
2 | utilized
for any other purpose. The method of requiring the | ||||||
3 | providing of such
information shall guarantee that no | ||||||
4 | information is released beyond what
is necessary for this | ||||||
5 | purpose. In addition, the information disclosed
shall be | ||||||
6 | provided
by the Department within the time period established | ||||||
7 | by Section 24-3 of the
Criminal Code of 1961 regarding the | ||||||
8 | delivery of firearms. The method used
shall be sufficient to | ||||||
9 | provide the necessary information within the
prescribed time | ||||||
10 | period, which may include periodically providing
lists to the | ||||||
11 | Department of Human Services
or any public or private hospital | ||||||
12 | or mental health facility of Firearm Owner's Identification | ||||||
13 | Card applicants
on which the Department or hospital shall | ||||||
14 | indicate the identities of those
individuals who are to its | ||||||
15 | knowledge disqualified from having a Firearm
Owner's | ||||||
16 | Identification Card for reasons described herein. The | ||||||
17 | Department
may provide for a centralized source
of information | ||||||
18 | for the State on this subject under its jurisdiction.
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19 | Any person, institution, or agency, under this Act, | ||||||
20 | participating in
good faith in the reporting or disclosure of | ||||||
21 | records and communications
otherwise in accordance with this | ||||||
22 | provision or with rules, regulations or
guidelines issued by | ||||||
23 | the Department shall have immunity from any
liability, civil, | ||||||
24 | criminal or otherwise, that might result by reason of the
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25 | action. For the purpose of any proceeding, civil or criminal,
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26 | arising out of a report or disclosure in accordance with this |
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1 | provision,
the good faith of any person,
institution, or agency | ||||||
2 | so reporting or disclosing shall be presumed. The
full extent | ||||||
3 | of the immunity provided in this subsection (b) shall apply to
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4 | any person, institution or agency that fails to make a report | ||||||
5 | or disclosure
in the good faith belief that the report or | ||||||
6 | disclosure would violate
federal regulations governing the | ||||||
7 | confidentiality of alcohol and drug abuse
patient records | ||||||
8 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
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9 | For purposes of this subsection (b) only, the following | ||||||
10 | terms shall have
the meaning prescribed:
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11 | (1) "Hospital" means only that type of institution | ||||||
12 | which is providing
full-time residential facilities and | ||||||
13 | treatment for in-patients and excludes
institutions, such | ||||||
14 | as community clinics, which only provide treatment to | ||||||
15 | out-patients.
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16 | (2) "Patient" shall mean only a person who is an | ||||||
17 | in-patient or resident
of any hospital, not an out-patient | ||||||
18 | or client seen solely for periodic consultation unless the | ||||||
19 | person's mental condition is of such a nature that it poses | ||||||
20 | a clear and present danger to himself or herself, any other | ||||||
21 | person or persons or the community. The term "mental | ||||||
22 | condition" is defined in subsection (f) of Section 8 of the | ||||||
23 | Firearm Owners Identification Card Act .
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24 | (3) "Mental health facility" means any public or | ||||||
25 | private facility that provides mental health services to | ||||||
26 | persons on an inpatient or outpatient basis.
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1 | (c) Upon the request of a peace officer who takes a person | ||||||
2 | into custody
and transports such person to a mental health or | ||||||
3 | developmental disability
facility pursuant to Section 3-606 or | ||||||
4 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
5 | or who transports a person from such facility,
a facility | ||||||
6 | director shall furnish said peace officer the name, address, | ||||||
7 | age
and name of the nearest relative of the person transported | ||||||
8 | to or from the
mental health or developmental disability | ||||||
9 | facility. In no case shall the
facility director disclose to | ||||||
10 | the peace officer any information relating to the
diagnosis, | ||||||
11 | treatment or evaluation of the person's mental or physical | ||||||
12 | health.
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13 | For the purposes of this subsection (c), the terms "mental | ||||||
14 | health or
developmental disability facility", "peace officer" | ||||||
15 | and "facility director"
shall have the meanings ascribed to | ||||||
16 | them in the Mental Health and
Developmental Disabilities Code.
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17 | (d) Upon the request of a peace officer or prosecuting | ||||||
18 | authority who is
conducting a bona fide investigation of a | ||||||
19 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
20 | justice,
a facility director may disclose whether a person is | ||||||
21 | present at the facility.
Upon request of a peace officer or | ||||||
22 | prosecuting authority who has a valid
forcible felony warrant | ||||||
23 | issued, a facility director shall disclose: (1) whether
the | ||||||
24 | person who is the subject of the warrant is present at the | ||||||
25 | facility and (2)
the
date of that person's discharge or future | ||||||
26 | discharge from the facility.
The requesting peace officer or |
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1 | prosecuting authority must furnish a case
number and the | ||||||
2 | purpose of the investigation or an outstanding arrest warrant | ||||||
3 | at
the time of the request. Any person, institution, or agency
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4 | participating in good faith in disclosing such information in | ||||||
5 | accordance with
this subsection (d) is immune from any | ||||||
6 | liability, civil, criminal or
otherwise, that might result by | ||||||
7 | reason of the action.
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8 | (Source: P.A. 92-738, eff. 7-25-02.)".
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