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Public Act 095-0564 |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Firearm Owners Identification Card Act is | ||||
amended by changing Section 3.1 as follows:
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(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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Sec. 3.1. Dial up system. | ||||
(a) The Department of State Police shall provide
a dial up | ||||
telephone system or utilize other existing technology which | ||||
shall be used by any federally licensed
firearm dealer, gun | ||||
show promoter, or gun show vendor who is to transfer a firearm, | ||||
stun gun, or taser under the provisions of this
Act. The | ||||
Department of State Police may utilize existing technology | ||||
which
allows the caller to be charged a fee not to exceed $2. | ||||
Fees collected by the Department of
State Police shall be | ||||
deposited in the State Police Services Fund and used
to provide | ||||
the service.
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(b) Upon receiving a request from a federally licensed | ||||
firearm dealer, gun show promoter, or gun show vendor, the
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Department of State Police shall immediately approve, or within | ||||
the time
period established by Section 24-3 of the Criminal | ||||
Code of 1961 regarding
the delivery of firearms, stun guns, and | ||||
tasers notify the inquiring dealer, gun show promoter, or gun |
show vendor of any objection that
would disqualify the | ||
transferee from acquiring or possessing a firearm, stun gun, or | ||
taser. In
conducting the inquiry, the Department of State | ||
Police shall initiate and
complete an automated search of its | ||
criminal history record information
files and those of the | ||
Federal Bureau of Investigation, including the
National | ||
Instant Criminal Background Check System, and of the files of
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the Department of Human Services relating to mental health and
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developmental disabilities to obtain
any felony conviction or | ||
patient hospitalization information which would
disqualify a | ||
person from obtaining or require revocation of a currently
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valid Firearm Owner's Identification Card. | ||
(c) If receipt of a firearm would not violate Section 24-3 | ||
of the Criminal Code of 1961, federal law, or this Act the | ||
Department of State Police shall: | ||
(1) assign a unique identification number to the | ||
transfer; and | ||
(2) provide the licensee, gun show promoter, or gun | ||
show vendor with the number. | ||
(d) Approvals issued by the Department of State Police for | ||
the purchase of a firearm are valid for 30 days from the date | ||
of issue.
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(e) (1) The Department of State Police must act as the | ||
Illinois Point of Contact
for the National Instant Criminal | ||
Background Check System. | ||
(2) The Department of State Police and the Department of |
Human Services shall, in accordance with State and federal law | ||
regarding confidentiality, enter into a memorandum of | ||
understanding with the Federal Bureau of Investigation for the | ||
purpose of implementing the National Instant Criminal | ||
Background Check System in the State. The Department of State | ||
Police shall report the name, date of birth, and physical | ||
description of any person prohibited from possessing a firearm | ||
pursuant to the Firearm Owners Identification Card Act or 18 | ||
U.S.C. 922(g) and (n) to the National Instant Criminal | ||
Background Check System Index, Denied Persons Files.
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(f) The Department of State Police shall promulgate rules | ||
not inconsistent with this Section to implement this
system.
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(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised | ||
8-19-05.)
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Section 10. The Mental Health and Developmental | ||
Disabilities Confidentiality Act is amended by changing | ||
Section 12 as follows:
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(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
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Sec. 12. (a) If the United States Secret Service or the | ||
Department of
State Police requests information from a mental | ||
health or developmental
disability facility, as defined in | ||
Section 1-107 and 1-114 of the Mental
Health and Developmental | ||
Disabilities Code, relating to a specific
recipient and the | ||
facility director determines that disclosure of such
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information may be necessary to protect the life of, or to | ||
prevent
the infliction of great bodily harm to, a public | ||
official,
or a person under the protection of the United
States | ||
Secret Service, only the following information
may be | ||
disclosed: the recipient's name, address, and age and the date | ||
of
any admission to or discharge from a facility; and any | ||
information which
would indicate whether or not the recipient | ||
has a history of violence or
presents a danger of violence to | ||
the person under protection. Any information
so disclosed shall | ||
be used for investigative purposes only and shall not
be | ||
publicly disseminated.
Any person participating in good faith | ||
in the disclosure of such
information in accordance with this | ||
provision shall have immunity from any
liability, civil, | ||
criminal or otherwise, if such information is disclosed
relying | ||
upon the representation of an officer of the United States | ||
Secret
Service or the Department of State Police that a person | ||
is under the
protection of the United States Secret Service or | ||
is a public official.
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For the purpose of this subsection (a), the term "public | ||
official" means
the Governor, Lieutenant Governor, Attorney | ||
General, Secretary of State,
State Comptroller, State | ||
Treasurer or member of the General Assembly. The
term shall | ||
also include the spouse, child or children of a public | ||
official.
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(b) The Department of Human Services (acting as successor | ||
to the
Department of Mental Health and Developmental |
Disabilities) and all
public or private hospitals and mental | ||
health facilities are required, as hereafter described in this | ||
subsection,
to furnish the Department of State Police only such | ||
information as may
be required for the sole purpose of | ||
determining whether an individual who
may be or may have been a | ||
patient is disqualified because of that status
from receiving | ||
or retaining a Firearm Owner's Identification Card under
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subsection (e) or (f) of Section 8 of the Firearm Owners | ||
Identification Card
Act or 18 U.S.C. 922(g) and (n) . All public | ||
or private hospitals and mental health facilities shall, in the | ||
form and manner required
by the Department, provide such | ||
information as shall be necessary for the
Department to comply | ||
with the reporting requirements to the Department of
State | ||
Police. Such information shall be furnished within 7
30 days | ||
after
admission to a public or private hospital or mental | ||
health facility or the provision of services to a patient | ||
described in clause (2) of this subsection (b) . Any such | ||
information disclosed under
this subsection shall
remain | ||
privileged and confidential, and shall not be redisclosed , | ||
except as required by clause (e)(2) of Section 3.1 of the | ||
Firearm Owners Identification Card Act, nor utilized
for any | ||
other purpose. The method of requiring the providing of such
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information shall guarantee that no information is released | ||
beyond what
is necessary for this purpose. In addition, the | ||
information disclosed
shall be provided
by the Department | ||
within the time period established by Section 24-3 of the
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Criminal Code of 1961 regarding the delivery of firearms. The | ||
method used
shall be sufficient to provide the necessary | ||
information within the
prescribed time period, which may | ||
include periodically providing
lists to the Department of Human | ||
Services
or any public or private hospital or mental health | ||
facility of Firearm Owner's Identification Card applicants
on | ||
which the Department or hospital shall indicate the identities | ||
of those
individuals who are to its knowledge disqualified from | ||
having a Firearm
Owner's Identification Card for reasons | ||
described herein. The Department
may provide for a centralized | ||
source
of information for the State on this subject under its | ||
jurisdiction.
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Any person, institution, or agency, under this Act, | ||
participating in
good faith in the reporting or disclosure of | ||
records and communications
otherwise in accordance with this | ||
provision or with rules, regulations or
guidelines issued by | ||
the Department shall have immunity from any
liability, civil, | ||
criminal or otherwise, that might result by reason of the
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action. For the purpose of any proceeding, civil or criminal,
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arising out of a report or disclosure in accordance with this | ||
provision,
the good faith of any person,
institution, or agency | ||
so reporting or disclosing shall be presumed. The
full extent | ||
of the immunity provided in this subsection (b) shall apply to
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any person, institution or agency that fails to make a report | ||
or disclosure
in the good faith belief that the report or | ||
disclosure would violate
federal regulations governing the |
confidentiality of alcohol and drug abuse
patient records | ||
implementing 42 U.S.C. 290dd-3 and 290ee-3.
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For purposes of this subsection (b) only, the following | ||
terms shall have
the meaning prescribed:
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(1) "Hospital" means only that type of institution | ||
which is providing
full-time residential facilities and | ||
treatment .
for in-patients and excludes
institutions, such | ||
as community clinics, which only provide treatment to | ||
out-patients.
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(2) "Patient" shall include only: (i) a person who is | ||
an in-patient or resident of any public or private hospital | ||
or mental health facility or (ii) a person who is an | ||
out-patient or provided services by a public or private | ||
hospital or mental health facility whose mental condition | ||
is of such a nature that it is manifested by violent, | ||
suicidal, threatening, or assaultive behavior or reported | ||
behavior, for which there is a reasonable belief by a | ||
physician, clinical psychologist, or qualified examiner | ||
that the condition poses a clear and present or imminent | ||
danger to the patient, any other person or the community | ||
meaning the patient's condition poses a clear and present | ||
danger in accordance with subsection
(f) of Section 8 of | ||
the Firearm Owners Identification Card Act. The terms | ||
physician, clinical psychologist, and qualified examiner | ||
are defined in Sections 1-120, 1-103, and 1-122 of the | ||
Mental Health and Developmental Disabilities Code.
mean |
only a person who is an in-patient or resident
of any | ||
hospital, not an out-patient or client seen solely for | ||
periodic consultation .
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(3) "Mental health facility" is defined by Section | ||
1-114 of the Mental Health and Developmental Disabilities | ||
Code.
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(c) Upon the request of a peace officer who takes a person | ||
into custody
and transports such person to a mental health or | ||
developmental disability
facility pursuant to Section 3-606 or | ||
4-404 of the Mental Health and
Developmental Disabilities Code | ||
or who transports a person from such facility,
a facility | ||
director shall furnish said peace officer the name, address, | ||
age
and name of the nearest relative of the person transported | ||
to or from the
mental health or developmental disability | ||
facility. In no case shall the
facility director disclose to | ||
the peace officer any information relating to the
diagnosis, | ||
treatment or evaluation of the person's mental or physical | ||
health.
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For the purposes of this subsection (c), the terms "mental | ||
health or
developmental disability facility", "peace officer" | ||
and "facility director"
shall have the meanings ascribed to | ||
them in the Mental Health and
Developmental Disabilities Code.
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(d) Upon the request of a peace officer or prosecuting | ||
authority who is
conducting a bona fide investigation of a | ||
criminal offense, or attempting to
apprehend a fugitive from | ||
justice,
a facility director may disclose whether a person is |
present at the facility.
Upon request of a peace officer or | ||
prosecuting authority who has a valid
forcible felony warrant | ||
issued, a facility director shall disclose: (1) whether
the | ||
person who is the subject of the warrant is present at the | ||
facility and (2)
the
date of that person's discharge or future | ||
discharge from the facility.
The requesting peace officer or | ||
prosecuting authority must furnish a case
number and the | ||
purpose of the investigation or an outstanding arrest warrant | ||
at
the time of the request. Any person, institution, or agency
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participating in good faith in disclosing such information in | ||
accordance with
this subsection (d) is immune from any | ||
liability, civil, criminal or
otherwise, that might result by | ||
reason of the action.
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(Source: P.A. 92-738, eff. 7-25-02.)
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