Full Text of SB2213 99th General Assembly
SB2213sam002 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/14/2016
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| 1 | | AMENDMENT TO SENATE BILL 2213
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2213, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Firearm Owners Identification Card Act is | 6 | | amended by changing Section 8.1 as follows:
| 7 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| 8 | | Sec. 8.1. Notifications to the Department of State Police.
| 9 | | (a) The Circuit Clerk shall, in the form and manner | 10 | | required by the
Supreme Court, notify the Department of State | 11 | | Police of all final dispositions
of cases for which the | 12 | | Department has received information reported to it under
| 13 | | Sections 2.1 and 2.2 of the Criminal Identification Act.
| 14 | | (b) Upon adjudication of any individual as a person with a | 15 | | mental disability as defined in Section 1.1 of this Act or a | 16 | | 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 Department of 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 Department of State | 8 | | Police, notify the Department of State Police, Firearm Owner's | 9 | | Identification (FOID) department if the court has not directed | 10 | | the circuit court clerk to notify the Department of State | 11 | | Police, 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 Department of | 18 | | State Police under subsection (b), or any other orders or rules | 19 | | necessary to implement the requirements of this Act. | 20 | | (c) The Department of Human Services shall, in the form and | 21 | | manner prescribed by the Department of State Police, report all | 22 | | information collected under subsection (b) of Section 12 of the | 23 | | Mental Health and Developmental Disabilities Confidentiality | 24 | | Act for the purpose of determining whether a person who may be | 25 | | or may have been a patient in a mental health facility is | 26 | | disqualified under State or federal law from receiving or |
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| 1 | | retaining a Firearm Owner's Identification Card, or purchasing | 2 | | a weapon. | 3 | | (d) If a person is determined to pose a clear and present | 4 | | danger to himself, herself, or to others: | 5 | | (1) by a physician, clinical psychologist, or | 6 | | qualified examiner, or is determined to have a | 7 | | developmental disability by a physician, clinical | 8 | | psychologist, or qualified examiner, whether employed by | 9 | | the State or privately, then the physician, clinical | 10 | | psychologist, or qualified examiner shall, within 24 hours | 11 | | of making the determination, notify the Department of Human | 12 | | Services that the person poses a clear and present danger | 13 | | or has a developmental disability; or | 14 | | (2) by a law enforcement official or school | 15 | | administrator, then the law enforcement official or school | 16 | | administrator shall, within 24 hours of making the | 17 | | determination, notify the Department of State Police that | 18 | | the person poses a clear and present danger. | 19 | | The Department of Human Services shall immediately update | 20 | | its records and information relating to mental health and | 21 | | developmental disabilities, and if appropriate, shall notify | 22 | | the Department of State Police in a form and manner prescribed | 23 | | by the Department of State Police. The Department of State | 24 | | Police shall determine whether to revoke the person's Firearm | 25 | | Owner's Identification Card under Section 8 of this Act. Any | 26 | | information disclosed under this subsection shall remain |
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| 1 | | privileged and confidential, and shall not be redisclosed, | 2 | | except as required under subsection (e) of Section 3.1 of this | 3 | | Act, nor used for any other purpose. The method of providing | 4 | | this information shall guarantee that the information is not | 5 | | released beyond what is necessary for the purpose of this | 6 | | Section and shall be provided by rule by the Department of | 7 | | Human Services. The identity of the person reporting under this | 8 | | Section shall not be disclosed to the subject of the report. | 9 | | The physician, clinical psychologist, qualified examiner, law | 10 | | enforcement official, or school administrator making the | 11 | | determination and his or her employer shall not be held | 12 | | criminally, civilly, or professionally liable for making or not | 13 | | making the notification required under this subsection, except | 14 | | for willful or wanton misconduct. | 15 | | (e) The Department of State Police shall adopt rules to | 16 | | implement this Section. | 17 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, | 18 | | eff. 7-27-15.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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