Full Text of HB2792 98th General Assembly
HB2792 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2792 Introduced , by Rep. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/4 | from Ch. 38, par. 83-4 |
430 ILCS 65/8 | from Ch. 38, par. 83-8 |
740 ILCS 110/11 | from Ch. 91 1/2, par. 811 |
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Amends the Firearm Owners Identification Card Act. Provides that an applicant for a Firearm Owner's Identification Card must receive a psychiatric or psychological evaluation by a psychiatrist, clinical psychologist, or clinical social worker and receive a certification by the psychiatrist, clinical psychologist, or clinical social worker that he or she: (1) is not a danger to himself, herself, or to others; (2) does not lack the mental capacity to manage his or her
own affairs; (3) is able to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others; and (4) does not have a state of mind manifested by violent, suicidal, threatening, or assaultive behavior that poses a clear and present danger to himself, herself, or to others at the time of the evaluation or in the future. Provides that if a patient of a psychiatrist, clinical psychologist, or clinical social worker has received a psychiatric or psychological evaluation and the psychiatrist, clinical psychologist, or clinical social worker determines that the Card holder is ineligible for the Card for these reasons, the psychiatrist, clinical psychologist, or clinical social worker shall immediately after making the determination shall forward that information to the Department of State Police. Amends the Mental Health and Developmental Disabilities Confidentiality Act to permit disclosure of this information. Effective immediately.
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| | A BILL FOR |
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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 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 4 and 8 as follows:
| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 7 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 8 | | Identification Card must:
| 9 | | (1) Make application on blank forms prepared and | 10 | | furnished at convenient
locations throughout the State by | 11 | | the Department of State Police, or by
electronic means, if | 12 | | and when made available by the Department of State
Police; | 13 | | and
| 14 | | (2) Submit evidence to the Department of State Police | 15 | | that:
| 16 | | (i) He or she is 21 years of age or over, or if he | 17 | | or she is under 21
years of age that he or she has the | 18 | | written consent of his or her parent or
legal guardian | 19 | | to possess and acquire firearms and firearm ammunition | 20 | | and that
he or she has never been convicted of a | 21 | | misdemeanor other than a traffic
offense or adjudged
| 22 | | delinquent, provided, however, that such parent or | 23 | | legal guardian is not an
individual prohibited from |
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| 1 | | having a Firearm Owner's Identification Card and
files | 2 | | an affidavit with the Department as prescribed by the | 3 | | Department
stating that he or she is not an individual | 4 | | prohibited from having a Card;
| 5 | | (ii) He or she has not been convicted of a felony | 6 | | under the laws of
this or any other jurisdiction;
| 7 | | (iii) He or she is not addicted to narcotics;
| 8 | | (iv) He or she has not been a patient in a mental | 9 | | institution within
the past 5 years and he or she has | 10 | | not been adjudicated as a mental defective;
| 11 | | (v) He or she is not intellectually disabled;
| 12 | | (vi) He or she is not an alien who is unlawfully | 13 | | present in the
United States under the laws of the | 14 | | United States;
| 15 | | (vii) He or she is not subject to an existing order | 16 | | of protection
prohibiting him or her from possessing a | 17 | | firearm;
| 18 | | (viii) He or she has not been convicted within the | 19 | | past 5 years of
battery, assault, aggravated assault, | 20 | | violation of an order of
protection, or a substantially | 21 | | similar offense in another jurisdiction, in
which a | 22 | | firearm was used or possessed;
| 23 | | (ix) He or she has not been convicted of domestic | 24 | | battery, aggravated domestic battery, or a
| 25 | | substantially similar offense in another
jurisdiction | 26 | | committed before, on or after January 1, 2012 (the |
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| 1 | | effective date of Public Act 97-158). If the applicant | 2 | | knowingly and intelligently waives the right to have an | 3 | | offense described in this clause (ix) tried by a jury, | 4 | | and by guilty plea or otherwise, results in a | 5 | | conviction for an offense in which a domestic | 6 | | relationship is not a required element of the offense | 7 | | but in which a determination of the applicability of 18 | 8 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 9 | | Code of Criminal Procedure of 1963, an entry by the | 10 | | court of a judgment of conviction for that offense | 11 | | shall be grounds for denying the issuance of a Firearm | 12 | | Owner's Identification Card under this Section;
| 13 | | (x) (Blank);
| 14 | | (xi) He or she is not an alien who has been | 15 | | admitted to the United
States under a non-immigrant | 16 | | visa (as that term is defined in Section
101(a)(26) of | 17 | | the Immigration and Nationality Act (8 U.S.C. | 18 | | 1101(a)(26))),
or that he or she is an alien who has | 19 | | been lawfully admitted to the United
States under a | 20 | | non-immigrant visa if that alien is:
| 21 | | (1) admitted to the United States for lawful | 22 | | hunting or sporting
purposes;
| 23 | | (2) an official representative of a foreign | 24 | | government who is:
| 25 | | (A) accredited to the United States | 26 | | Government or the Government's
mission to an |
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| 1 | | international organization having its | 2 | | headquarters in the United
States; or
| 3 | | (B) en route to or from another country to | 4 | | which that alien is
accredited;
| 5 | | (3) an official of a foreign government or | 6 | | distinguished foreign
visitor who has been so | 7 | | designated by the Department of State;
| 8 | | (4) a foreign law enforcement officer of a | 9 | | friendly foreign
government entering the United | 10 | | States on official business; or
| 11 | | (5) one who has received a waiver from the | 12 | | Attorney General of the
United States pursuant to | 13 | | 18 U.S.C. 922(y)(3);
| 14 | | (xii) He or she is not a minor subject to a | 15 | | petition filed
under Section 5-520 of the Juvenile | 16 | | Court Act of 1987 alleging that the
minor is a | 17 | | delinquent minor for the commission of an offense that | 18 | | if
committed by an adult would be a felony;
| 19 | | (xiii) He or she is not an adult who had been | 20 | | adjudicated a delinquent
minor under the Juvenile | 21 | | Court Act of 1987 for the commission of an offense
that | 22 | | if committed by an adult would be a felony; and
| 23 | | (xiv) He or she is a resident of the State of | 24 | | Illinois; and | 25 | | (xv) He or she has received a psychiatric or | 26 | | psychological evaluation by a psychiatrist, clinical |
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| 1 | | psychologist, or clinical social worker as those terms | 2 | | are defined in the Mental Health and Developmental | 3 | | Disabilities Code and has received a certification by | 4 | | the psychiatrist, clinical psychologist, or clinical | 5 | | social worker that he or she: | 6 | | (1) is not a danger to himself, herself, or to | 7 | | others; | 8 | | (2) does not lack the mental capacity to manage | 9 | | his or her
own affairs; | 10 | | (3) is able to provide for his or her basic | 11 | | physical needs so as to guard himself or herself | 12 | | from serious harm without the assistance of family | 13 | | or others; and | 14 | | (4) does not have a state of mind manifested by | 15 | | violent, suicidal, threatening, or assaultive | 16 | | behavior that poses a clear and present danger to | 17 | | himself, herself, or to others at the time of the | 18 | | evaluation or in the future. | 19 | | The certification shall be submitted to the | 20 | | Department of State Police by the applicant at the time | 21 | | of his or her application; and
| 22 | | (3) Upon request by the Department of State Police, | 23 | | sign a release on a
form prescribed by the Department of | 24 | | State Police waiving any right to
confidentiality and | 25 | | requesting the disclosure to the Department of State Police
| 26 | | of limited mental health institution admission information |
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| 1 | | from another state,
the District of Columbia, any other | 2 | | territory of the United States, or a
foreign nation | 3 | | concerning the applicant for the sole purpose of | 4 | | determining
whether the applicant is or was a patient in a | 5 | | mental health institution and
disqualified because of that | 6 | | status from receiving a Firearm Owner's
Identification | 7 | | Card. No mental health care or treatment records may be
| 8 | | requested. The information received shall be destroyed | 9 | | within one year of
receipt.
| 10 | | (a-5) Each applicant for a Firearm Owner's Identification | 11 | | Card who is over
the age of 18 shall furnish to the Department | 12 | | of State Police either his or
her Illinois driver's license | 13 | | number or Illinois Identification Card number, except as
| 14 | | provided in subsection (a-10).
| 15 | | (a-10) Each applicant for a Firearm Owner's Identification | 16 | | Card,
who is employed as a law enforcement officer, an armed | 17 | | security officer in Illinois, or by the United States Military
| 18 | | permanently assigned in Illinois and who is not an Illinois | 19 | | resident, shall furnish to
the Department of State Police his | 20 | | or her driver's license number or state
identification card | 21 | | number from his or her state of residence. The Department
of | 22 | | State Police may promulgate rules to enforce the provisions of | 23 | | this
subsection (a-10).
| 24 | | (a-15) If an applicant applying for a Firearm Owner's | 25 | | Identification Card moves from the residence address named in | 26 | | the application, he or she shall immediately notify in a form |
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| 1 | | and manner prescribed by the Department of State Police of that | 2 | | change of address. | 3 | | (a-20) Each applicant for a Firearm Owner's Identification | 4 | | Card shall furnish to the Department of State Police his or her | 5 | | photograph. An applicant who is 21 years of age or older | 6 | | seeking a religious exemption to the photograph requirement | 7 | | must furnish with the application an approved copy of United | 8 | | States Department of the Treasury Internal Revenue Service Form | 9 | | 4029. In lieu of a photograph, an applicant regardless of age | 10 | | seeking a religious exemption to the photograph requirement | 11 | | shall submit fingerprints on a form and manner prescribed by | 12 | | the Department with his or her application. | 13 | | (b) Each application form shall include the following | 14 | | statement printed in
bold type: "Warning: Entering false | 15 | | information on an application for a Firearm
Owner's | 16 | | Identification Card is punishable as a Class 2 felony in | 17 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 18 | | Owners Identification Card
Act.".
| 19 | | (c) Upon such written consent, pursuant to Section 4, | 20 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 21 | | consent shall be liable for any
damages resulting from the | 22 | | applicant's use of firearms or firearm ammunition.
| 23 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 24 | | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 25 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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| 1 | | Sec. 8. The Department of State Police has authority to | 2 | | deny an
application for or to revoke and seize a Firearm | 3 | | Owner's Identification
Card previously issued under this Act | 4 | | only if the Department finds that the
applicant or the person | 5 | | to whom such card was issued is or was at the time
of issuance:
| 6 | | (a) A person under 21 years of age who has been convicted | 7 | | of a
misdemeanor other than a traffic offense or adjudged | 8 | | delinquent;
| 9 | | (b) A person under 21 years of age who does not have the | 10 | | written consent
of his parent or guardian to acquire and | 11 | | possess firearms and firearm
ammunition, or whose parent or | 12 | | guardian has revoked such written consent,
or where such parent | 13 | | or guardian does not qualify to have a Firearm Owner's
| 14 | | Identification Card;
| 15 | | (c) A person convicted of a felony under the laws of this | 16 | | or any other
jurisdiction;
| 17 | | (d) A person addicted to narcotics;
| 18 | | (e) A person who has been a patient of a mental institution | 19 | | within the
past 5 years or has been adjudicated as a mental | 20 | | defective;
| 21 | | (f) A person whose mental condition is of such a nature | 22 | | that it poses
a clear and present danger to the applicant, any | 23 | | other person or persons or
the community;
| 24 | | For the purposes of this Section, "mental condition" means | 25 | | a state of
mind manifested by violent, suicidal, threatening or | 26 | | assaultive behavior.
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| 1 | | (g) A person who is intellectually disabled;
| 2 | | (h) A person who intentionally makes a false statement in | 3 | | the Firearm
Owner's Identification Card application;
| 4 | | (i) An alien who is unlawfully present in
the United States | 5 | | under the laws of the United States;
| 6 | | (i-5) An alien who has been admitted to the United States | 7 | | under a
non-immigrant visa (as that term is defined in Section | 8 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 9 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 10 | | to any alien who has been lawfully admitted to
the United | 11 | | States under a non-immigrant visa if that alien is:
| 12 | | (1) admitted to the United States for lawful hunting or | 13 | | sporting purposes;
| 14 | | (2) an official representative of a foreign government | 15 | | who is:
| 16 | | (A) accredited to the United States Government or | 17 | | the Government's
mission to an international | 18 | | organization having its headquarters in the United
| 19 | | States; or
| 20 | | (B) en route to or from another country to which | 21 | | that alien is
accredited;
| 22 | | (3) an official of a foreign government or | 23 | | distinguished foreign visitor
who has been so designated by | 24 | | the Department of State;
| 25 | | (4) a foreign law enforcement officer of a friendly | 26 | | foreign government
entering the United States on official |
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| 1 | | business; or
| 2 | | (5) one who has received a waiver from the Attorney | 3 | | General of the United
States pursuant to 18 U.S.C. | 4 | | 922(y)(3);
| 5 | | (j) (Blank);
| 6 | | (k) A person who has been convicted within the past 5 years | 7 | | of battery,
assault, aggravated assault, violation of an order | 8 | | of protection, or a
substantially similar offense in another | 9 | | jurisdiction, in which a firearm was
used or possessed;
| 10 | | (l) A person who has been convicted of domestic battery, | 11 | | aggravated domestic battery, or a substantially
similar | 12 | | offense in another jurisdiction committed before, on or after | 13 | | January 1, 2012 (the effective date of Public Act 97-158). If | 14 | | the applicant or person who has been previously issued a | 15 | | Firearm Owner's Identification Card under this Act knowingly | 16 | | and intelligently waives the right to have an offense described | 17 | | in this paragraph (l) tried by a jury, and by guilty plea or | 18 | | otherwise, results in a conviction for an offense in which a | 19 | | domestic relationship is not a required element of the offense | 20 | | but in which a determination of the applicability of 18 U.S.C. | 21 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 22 | | Criminal Procedure of 1963, an entry by the court of a judgment | 23 | | of conviction for that offense shall be grounds for denying an | 24 | | application for and for revoking and seizing a Firearm Owner's | 25 | | Identification Card previously issued to the person under this | 26 | | Act;
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| 1 | | (m) (Blank);
| 2 | | (n) A person who is prohibited from acquiring or possessing
| 3 | | firearms or firearm ammunition by any Illinois State statute or | 4 | | by federal
law;
| 5 | | (o) A minor subject to a petition filed under Section 5-520 | 6 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 7 | | delinquent minor for
the commission of an offense that if | 8 | | committed by an adult would be a felony;
| 9 | | (p) An adult who had been adjudicated a delinquent minor | 10 | | under the Juvenile
Court Act of 1987 for the commission of an | 11 | | offense that if committed by an
adult would be a felony; or
| 12 | | (q) A person who is not a resident of the State of | 13 | | Illinois, except as provided in subsection (a-10) of Section 4 ; | 14 | | or . | 15 | | (s) A person who has received a psychiatric or | 16 | | psychological evaluation by a psychiatrist, clinical | 17 | | psychologist, or clinical social worker as those terms are | 18 | | defined in the Mental Health and Developmental Disabilities | 19 | | Code and the psychiatrist, clinical psychologist, or clinical | 20 | | social worker determines that the Card holder: | 21 | | (1) is a danger to himself, herself, or to | 22 | | others; | 23 | | (2) lacks the mental capacity to manage his or | 24 | | her
own affairs; | 25 | | (3) is unable to provide for his or her basic | 26 | | physical needs so as to guard himself or herself |
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| 1 | | from serious harm without the assistance of family | 2 | | or others; and | 3 | | (4) has a state of mind manifested by violent, | 4 | | suicidal, threatening, or assaultive behavior that | 5 | | poses a clear and present danger to himself, | 6 | | herself, or to others at the time of the evaluation | 7 | | or in the future. | 8 | | The psychiatrist, clinical psychologist, or | 9 | | clinical social worker shall immediately after making | 10 | | the determination described in this subsection (s) | 11 | | shall forward that information to the Department of | 12 | | State Police. | 13 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 14 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 15 | | Section 10. The Mental Health and Developmental | 16 | | Disabilities Confidentiality Act is amended by changing | 17 | | Section 11 as follows:
| 18 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 19 | | Sec. 11. Disclosure of records and communications. Records | 20 | | and
communications may be disclosed:
| 21 | | (i) in accordance with the provisions of the
Abused and | 22 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 23 | | of the Children and Family Services Act, or Section 7.4 of | 24 | | the Child Care Act of 1969;
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| 1 | | (ii) when, and to the extent, a
therapist, in his or | 2 | | her sole discretion, determines that disclosure is
| 3 | | necessary to initiate or continue civil commitment or | 4 | | involuntary treatment proceedings under the laws
of this | 5 | | State or to otherwise protect the recipient or other person | 6 | | against a
clear, imminent risk of serious physical or | 7 | | mental injury or disease or death
being inflicted upon the | 8 | | recipient or by the recipient on himself or another;
| 9 | | (iii) when, and to the extent disclosure is, in the | 10 | | sole discretion of the
therapist, necessary to the | 11 | | provision of emergency medical care to a recipient
who is | 12 | | unable to assert or waive his or her rights hereunder;
| 13 | | (iv) when
disclosure is necessary to collect sums or | 14 | | receive third
party payment representing charges for | 15 | | mental health or developmental
disabilities services | 16 | | provided by a therapist or agency to a recipient
under | 17 | | Chapter V of the Mental Health and Developmental | 18 | | Disabilities Code or to
transfer debts under the | 19 | | Uncollected State Claims Act; however, disclosure
shall be | 20 | | limited to information needed to pursue collection, and the
| 21 | | information so disclosed shall not be used for any other | 22 | | purposes nor shall it
be redisclosed except in connection | 23 | | with collection activities;
| 24 | | (v) when
requested by a family member, the Department | 25 | | of Human Services may assist in
the location of the | 26 | | interment site of a deceased recipient who is interred in a
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| 1 | | cemetery established under Section 26 of the Mental Health | 2 | | and
Developmental Disabilities Administrative Act;
| 3 | | (vi) in judicial proceedings
under Article VIII of | 4 | | Chapter III and Article V of Chapter IV of the Mental
| 5 | | Health and Developmental Disabilities Code and proceedings | 6 | | and investigations
preliminary thereto, to the State's | 7 | | Attorney for the county or residence of a
person who is the | 8 | | subject of such proceedings, or in which the person is | 9 | | found,
or in which the facility is located, to the attorney | 10 | | representing the petitioner in the judicial proceedings, | 11 | | to the attorney representing the recipient
in the judicial | 12 | | proceedings, to any person or agency providing mental | 13 | | health
services that are the subject of the proceedings and | 14 | | to that person's or
agency's attorney, to any court | 15 | | personnel, including but not limited to judges
and circuit | 16 | | court clerks, and to a guardian ad litem if one has been | 17 | | appointed
by the court. Information disclosed under this | 18 | | subsection shall not be utilized
for any other purpose nor | 19 | | be redisclosed except in connection with the
proceedings or | 20 | | investigations. Copies of any records provided to counsel | 21 | | for a petitioner shall be deleted or destroyed at the end | 22 | | of the proceedings and counsel for petitioner shall certify | 23 | | to the court in writing that he or she has done so. At the | 24 | | request of a recipient or his or her counsel, the court | 25 | | shall issue a protective order insuring the | 26 | | confidentiality of any records or communications provided |
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| 1 | | to counsel for a petitioner;
| 2 | | (vii) when, and to the extent disclosure is
necessary | 3 | | to comply with the requirements of the Census Bureau in | 4 | | taking the
federal Decennial Census;
| 5 | | (viii) when, and to the extent, in the
therapist's sole | 6 | | discretion, disclosure is necessary to warn or protect a
| 7 | | specific individual against whom a recipient has made a | 8 | | specific threat of
violence where there exists a | 9 | | therapist-recipient relationship or a special
| 10 | | recipient-individual relationship;
| 11 | | (ix) in accordance with the Sex Offender
Registration | 12 | | Act;
| 13 | | (x) in accordance with the Rights of Crime Victims and
| 14 | | Witnesses Act; | 15 | | (xi) in accordance with Section 6 of the Abused and | 16 | | Neglected Long Term Care Facility Residents Reporting Act; | 17 | | and | 18 | | (xii) in accordance with Section 55 of the Abuse of | 19 | | Adults with Disabilities Intervention Act ; and | 20 | | (xiii) in accordance with clause (a)(2)(xv) of Section | 21 | | 4 and subsection (s) of Section 8 of the Firearm Owners | 22 | | Identification Card Act .
| 23 | | Any person, institution, or agency, under
this Act, | 24 | | participating in good faith in the making of a report under the
| 25 | | Abused and Neglected Child Reporting Act or in the disclosure | 26 | | of records and
communications under this Section, shall have |
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| 1 | | immunity from any liability,
civil, criminal or otherwise, that | 2 | | might result by reason of such action. For
the purpose of any | 3 | | proceeding, civil or criminal, arising out of a report or
| 4 | | disclosure under this Section, the good faith of any person, | 5 | | institution, or
agency so reporting or disclosing shall be | 6 | | presumed.
| 7 | | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; | 8 | | 97-375, eff. 8-15-11.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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