Full Text of HB5766 102nd General Assembly
HB5766 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5766 Introduced 11/16/2022, by Rep. Deb Conroy, Bob Morgan, Robyn Gabel, Jennifer Gong-Gershowitz, Kathleen Willis, et al. SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/8 | from Ch. 38, par. 83-8 |
430 ILCS 65/8.1 | from Ch. 38, par. 83-8.1 |
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Amends the Firearm Owners Identification Card Act. Provides that a minor who causes or attempts to cause physical self-harm or harm to another is subject to the denial of an application for or the revocation and seizure of a Firearm Owner's Identification Card. Provides that until the age of 24 years, such a person is presumed to be a person whose mental condition is of such a nature that it poses
a clear and present danger. Provides that a physician, clinical psychologist, qualified examiner, law enforcement official, school administrator, or other person who has knowledge of a minor causing or attempting to cause physical self-harm or harm to another shall report the incident to the Department of Human Services. Effective immediately.
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as the FOID White | 5 | | Flag Act. | 6 | | Section 5. The Firearm Owners Identification Card Act is | 7 | | amended by changing Sections 8 and 8.1 as follows:
| 8 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 9 | | Sec. 8. Grounds for denial and revocation. The Illinois | 10 | | State Police has authority to deny an
application for or to | 11 | | revoke and seize a Firearm Owner's Identification
Card | 12 | | previously issued under this Act only if the Illinois State | 13 | | Police Department finds that the
applicant or the person to | 14 | | whom such card was issued is or was at the time
of issuance:
| 15 | | (a) A person under 21 years of age who has been | 16 | | convicted of a
misdemeanor other than a traffic offense or | 17 | | adjudged delinquent;
| 18 | | (b) This subsection (b) applies through the 180th day | 19 | | following July 12, 2019 ( the effective date of Public Act | 20 | | 101-80) this amendatory Act of the 101st General Assembly . | 21 | | A person under 21 years of age who does not have the | 22 | | written consent
of his parent or guardian to acquire and |
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| 1 | | possess firearms and firearm
ammunition, or whose parent | 2 | | or guardian has revoked such written consent,
or where | 3 | | such parent or guardian does not qualify to have a Firearm | 4 | | Owner's
Identification Card; | 5 | | (b-5) This subsection (b-5) applies on and after the | 6 | | 181st day following July 12, 2019 ( the effective date of | 7 | | Public Act 101-80) this amendatory Act of the 101st | 8 | | General Assembly . A person under 21 years of age who is not | 9 | | an active duty member of the United States Armed Forces | 10 | | and does not have the written consent
of his or her parent | 11 | | or guardian to acquire and possess firearms and firearm
| 12 | | ammunition, or whose parent or guardian has revoked such | 13 | | written consent,
or where such parent or guardian does not | 14 | | qualify to have a Firearm Owner's
Identification Card;
| 15 | | (c) A person convicted of a felony under the laws of | 16 | | this or any other
jurisdiction;
| 17 | | (d) A person addicted to narcotics;
| 18 | | (e) A person who has been a patient of a mental health | 19 | | facility within the
past 5 years or a person who has been a | 20 | | patient in a mental health facility more than 5 years ago | 21 | | who has not received the certification required under | 22 | | subsection (u) of this Section. An active law enforcement | 23 | | officer employed by a unit of government or a Department | 24 | | of Corrections employee authorized to possess firearms who | 25 | | is denied, revoked, or has his or her Firearm Owner's | 26 | | Identification Card seized under this subsection (e) may |
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| 1 | | obtain relief as described in subsection (c-5) of Section | 2 | | 10 of this Act if the officer or employee did not act in a | 3 | | manner threatening to the officer or employee, another | 4 | | person, or the public as determined by the treating | 5 | | clinical psychologist or physician, and the officer or | 6 | | employee seeks mental health treatment;
| 7 | | (f) A person whose mental condition is of such a | 8 | | nature that it poses
a clear and present danger to the | 9 | | applicant, any other person or persons , or
the community;
| 10 | | (f-5) A minor who has caused or attempted to cause | 11 | | physical self-harm or harm to another. There is a | 12 | | rebuttable presumption that a person who is ineligible for | 13 | | a Firearm Owner's Identification Card under this | 14 | | subsection is also ineligible under subsection (f) until | 15 | | the age of 24 years; | 16 | | (g) A person who has an intellectual disability;
| 17 | | (h) A person who intentionally makes a false statement | 18 | | in the Firearm
Owner's Identification Card application;
| 19 | | (i) An alien who is unlawfully present in
the United | 20 | | States under the laws of the United States;
| 21 | | (i-5) An alien who has been admitted to the United | 22 | | States under a
non-immigrant visa (as that term is defined | 23 | | in Section 101(a)(26) of the
Immigration and Nationality | 24 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 25 | | (i-5) does not apply to any alien who has been lawfully | 26 | | admitted to
the United States under a non-immigrant visa |
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| 1 | | if that alien is:
| 2 | | (1) admitted to the United States for lawful | 3 | | hunting or sporting purposes;
| 4 | | (2) an official representative of a foreign | 5 | | government who is:
| 6 | | (A) accredited to the United States Government | 7 | | or the Government's
mission to an international | 8 | | organization having its headquarters in the United
| 9 | | States; or
| 10 | | (B) en route to or from another country to | 11 | | which that alien is
accredited;
| 12 | | (3) an official of a foreign government or | 13 | | distinguished foreign visitor
who has been so | 14 | | designated by the Department of State;
| 15 | | (4) a foreign law enforcement officer of a | 16 | | friendly foreign government
entering the United States | 17 | | on official business; or
| 18 | | (5) one who has received a waiver from the | 19 | | Attorney General of the United
States pursuant to 18 | 20 | | U.S.C. 922(y)(3);
| 21 | | (j) (Blank);
| 22 | | (k) A person who has been convicted within the past 5 | 23 | | years of battery,
assault, aggravated assault, violation | 24 | | of an order of protection, or a
substantially similar | 25 | | offense in another jurisdiction, in which a firearm was
| 26 | | used or possessed;
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| 1 | | (l) A person who has been convicted of domestic | 2 | | battery, aggravated domestic battery, or a substantially
| 3 | | similar offense in another jurisdiction committed before, | 4 | | on or after January 1, 2012 (the effective date of Public | 5 | | Act 97-158). If the applicant or person who has been | 6 | | previously issued a Firearm Owner's Identification Card | 7 | | under this Act knowingly and intelligently waives the | 8 | | right to have an offense described in this paragraph (l) | 9 | | tried by a jury, and by guilty plea or otherwise, results | 10 | | in a conviction for an offense in which a domestic | 11 | | relationship is not a required element of the offense but | 12 | | in which a determination of the applicability of 18 U.S.C. | 13 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 14 | | Criminal Procedure of 1963, an entry by the court of a | 15 | | judgment of conviction for that offense shall be grounds | 16 | | for denying an application for and for revoking and | 17 | | seizing a Firearm Owner's Identification Card previously | 18 | | issued to the person under this Act;
| 19 | | (m) (Blank);
| 20 | | (n) A person who is prohibited from acquiring or | 21 | | possessing
firearms or firearm ammunition by any Illinois | 22 | | State statute or by federal
law;
| 23 | | (o) A minor subject to a petition filed under Section | 24 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 25 | | minor is a delinquent minor for
the commission of an | 26 | | offense that if committed by an adult would be a felony;
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| 1 | | (p) An adult who had been adjudicated a delinquent | 2 | | minor under the Juvenile
Court Act of 1987 for the | 3 | | commission of an offense that if committed by an
adult | 4 | | would be a felony;
| 5 | | (q) A person who is not a resident of the State of | 6 | | Illinois, except as provided in subsection (a-10) of | 7 | | Section 4; | 8 | | (r) A person who has been adjudicated as a person with | 9 | | a mental disability; | 10 | | (s) A person who has been found to have a | 11 | | developmental disability; | 12 | | (t) A person involuntarily admitted into a mental | 13 | | health facility; or | 14 | | (u) A person who has had his or her Firearm Owner's | 15 | | Identification Card revoked or denied under subsection (e) | 16 | | of this Section or item (iv) of paragraph (2) of | 17 | | subsection (a) of Section 4 of this Act because he or she | 18 | | was a patient in a mental health facility as provided in | 19 | | subsection (e) of this Section, shall not be permitted to | 20 | | obtain a Firearm Owner's Identification Card, after the | 21 | | 5-year period has lapsed, unless he or she has received a | 22 | | mental health evaluation by a physician, clinical | 23 | | psychologist, or qualified examiner as those terms are | 24 | | defined in the Mental Health and Developmental | 25 | | Disabilities Code, and has received a certification that | 26 | | he or she is not a clear and present danger to himself, |
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| 1 | | herself, or others. The physician, clinical psychologist, | 2 | | or qualified examiner making the certification and his or | 3 | | her employer shall not be held criminally, civilly, or | 4 | | professionally liable for making or not making the | 5 | | certification required under this subsection, except for | 6 | | willful or wanton misconduct. This subsection does not | 7 | | apply to a person whose firearm possession rights have | 8 | | been restored through administrative or judicial action | 9 | | under Section 10 or 11 of this Act. | 10 | | Upon revocation of a person's Firearm Owner's | 11 | | Identification Card, the Illinois State Police shall provide | 12 | | notice to the person and the person shall comply with Section | 13 | | 9.5 of this Act. | 14 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | 15 | | 102-645, eff. 1-1-22; revised 10-14-21.)
| 16 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| 17 | | Sec. 8.1. Notifications to the Illinois State Police.
| 18 | | (a) The Circuit Clerk shall, in the form and manner | 19 | | required by the
Supreme Court, notify the Illinois State | 20 | | Police of all final dispositions
of cases for which the | 21 | | Department has received information reported to it under
| 22 | | Sections 2.1 and 2.2 of the Criminal Identification Act.
| 23 | | (b) Upon adjudication of any individual as a person with a | 24 | | mental disability as defined in Section 1.1 of this Act or a | 25 | | finding that a person has been involuntarily admitted, the |
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| 1 | | court shall direct the circuit court clerk to immediately | 2 | | notify the Illinois State Police, Firearm Owner's | 3 | | Identification (FOID) department, and shall forward a copy of | 4 | | the court order to the Department. | 5 | | (b-1) Beginning July 1, 2016, and each July 1 and December | 6 | | 30 of every year thereafter, the circuit court clerk shall, in | 7 | | the form and manner prescribed by the Illinois State Police, | 8 | | notify the Illinois State Police, Firearm Owner's | 9 | | Identification (FOID) department if the court has not directed | 10 | | the circuit court clerk to notify the Illinois State Police, | 11 | | Firearm Owner's Identification (FOID) department under | 12 | | subsection (b) of this Section, within the preceding 6 months, | 13 | | because no person has been adjudicated as a person with a | 14 | | mental disability by the court as defined in Section 1.1 of | 15 | | this Act or if no person has been involuntarily admitted. The | 16 | | Supreme Court may adopt any orders or rules necessary to | 17 | | identify the persons who shall be reported to the Illinois | 18 | | State Police under subsection (b), or any other orders or | 19 | | rules necessary to implement the requirements of this Act. | 20 | | (c) The Department of Human Services shall, in the form | 21 | | and manner prescribed by the Illinois State Police, report all | 22 | | information collected under subsection (b) of Section 12 of | 23 | | the Mental Health and Developmental Disabilities | 24 | | Confidentiality Act for the purpose of determining whether a | 25 | | person who may be or may have been a patient in a mental health | 26 | | facility is disqualified under State or federal law from |
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| 1 | | receiving or retaining a Firearm Owner's Identification Card, | 2 | | or purchasing a weapon. | 3 | | (d) If a person (i) is determined to pose a clear and | 4 | | present danger to himself, herself, or to others ; or (ii) is | 5 | | determined to be a minor who has caused or attempted to cause | 6 | | physical self-harm or harm to another : | 7 | | (1) by a physician, clinical psychologist, or | 8 | | qualified examiner, or is determined to have a | 9 | | developmental disability by a physician, clinical | 10 | | psychologist, or qualified examiner, whether employed by | 11 | | the State or privately, then the physician, clinical | 12 | | psychologist, or qualified examiner shall, within 24 hours | 13 | | of making the determination, notify the Department of | 14 | | Human Services that the person (i) poses a clear and | 15 | | present danger or has a developmental disability ; or (ii) | 16 | | is a minor who was observed causing or attempting to cause | 17 | | physical self-harm or harm to another ; or | 18 | | (2) by a law enforcement official or school | 19 | | administrator, then the law enforcement official or school | 20 | | administrator shall, within 24 hours of making the | 21 | | determination, notify the Illinois State Police that the | 22 | | person (i) poses a clear and present danger ; or (ii) is a | 23 | | minor who was observed causing or attempting to cause | 24 | | physical self-harm or harm to another; or . | 25 | | (3) by any person not listed in paragraph (1) or (2) | 26 | | who observes a minor causing or attempting to cause |
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| 1 | | physical self-harm or harm to another, then the person | 2 | | shall notify the Department of Human Services of the facts | 3 | | and circumstances of the incident. | 4 | | The Department of Human Services shall immediately update | 5 | | its records and information relating to mental health and | 6 | | developmental disabilities, and if appropriate, shall notify | 7 | | the Illinois State Police in a form and manner prescribed by | 8 | | the Illinois State Police. The Illinois State Police shall | 9 | | determine whether to revoke the person's Firearm Owner's | 10 | | Identification Card under Section 8 of this Act. Any | 11 | | information disclosed under this subsection shall remain | 12 | | privileged and confidential, and shall not be redisclosed, | 13 | | except as required under subsection (e) of Section 3.1 of this | 14 | | Act, nor used for any other purpose. The method of providing | 15 | | this information shall guarantee that the information is not | 16 | | released beyond what is necessary for the purpose of this | 17 | | Section and shall be provided by rule by the Department of | 18 | | Human Services. The identity of the person reporting under | 19 | | this Section shall not be disclosed to the subject of the | 20 | | report. The physician, clinical psychologist, qualified | 21 | | examiner, law enforcement official, or school administrator , | 22 | | or other person making the determination and his or her | 23 | | employer shall not be held criminally, civilly, or | 24 | | professionally liable for making or not making the | 25 | | notification required under this subsection, except for | 26 | | willful or wanton misconduct. |
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| 1 | | (e) The Illinois State Police shall adopt rules to | 2 | | implement this Section. | 3 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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