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Public Act 099-0696
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| SB2213 Enrolled | LRB099 15827 RLC 40202 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Firearm Owners Identification Card Act is |
amended by changing Section 8.1 as follows:
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(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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Sec. 8.1. Notifications to the Department of State Police.
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(a) The Circuit Clerk shall, in the form and manner |
required by the
Supreme Court, notify the Department of State |
Police of all final dispositions
of cases for which the |
Department has received information reported to it under
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Sections 2.1 and 2.2 of the Criminal Identification Act.
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(b) Upon adjudication of any individual as a person with a |
mental disability as defined in Section 1.1 of this Act or a |
finding that a person has been involuntarily admitted, the |
court shall direct the circuit court clerk to immediately |
notify the Department of State Police, Firearm Owner's |
Identification (FOID) department, and shall forward a copy of |
the court order to the Department. |
(b-1) Beginning July 1, 2016, and each July 1 and December |
30 of every year thereafter, the circuit court clerk shall, in |
the form and manner prescribed by the Department of State |
Police, notify the Department of State Police, Firearm Owner's |
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Identification (FOID) department if the court has not directed |
the circuit court clerk to notify the Department of State |
Police, Firearm Owner's Identification (FOID) department under |
subsection (b) of this Section, within the preceding 6 months, |
because no person has been adjudicated as a person with a |
mental disability by the court as defined in Section 1.1 of |
this Act or if no person has been involuntarily admitted. The |
Supreme Court may adopt any orders or rules necessary to |
identify the persons who shall be reported to the Department of |
State Police under subsection (b), or any other orders or rules |
necessary to implement the requirements of this Act. |
(c) The Department of Human Services shall, in the form and |
manner prescribed by the Department of State Police, report all |
information collected under subsection (b) of Section 12 of the |
Mental Health and Developmental Disabilities Confidentiality |
Act for the purpose of determining whether a person who may be |
or may have been a patient in a mental health facility is |
disqualified under State or federal law from receiving or |
retaining a Firearm Owner's Identification Card, or purchasing |
a weapon. |
(d) If a person is determined to pose a clear and present |
danger to himself, herself, or to others: |
(1) by a physician, clinical psychologist, or |
qualified examiner, or is determined to have a |
developmental disability by a physician, clinical |
psychologist, or qualified examiner, whether employed by |
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the State or privately, then the physician, clinical |
psychologist, or qualified examiner shall, within 24 hours |
of making the determination, notify the Department of Human |
Services that the person poses a clear and present danger |
or has a developmental disability; or |
(2) by a law enforcement official or school |
administrator, then the law enforcement official or school |
administrator shall, within 24 hours of making the |
determination, notify the Department of State Police that |
the person poses a clear and present danger. |
The Department of Human Services shall immediately update |
its records and information relating to mental health and |
developmental disabilities, and if appropriate, shall notify |
the Department of State Police in a form and manner prescribed |
by the Department of State Police. The Department of State |
Police shall determine whether to revoke the person's Firearm |
Owner's Identification Card under Section 8 of this Act. Any |
information disclosed under this subsection shall remain |
privileged and confidential, and shall not be redisclosed, |
except as required under subsection (e) of Section 3.1 of this |
Act, nor used for any other purpose. The method of providing |
this information shall guarantee that the information is not |
released beyond what is necessary for the purpose of this |
Section and shall be provided by rule by the Department of |
Human Services. The identity of the person reporting under this |
Section shall not be disclosed to the subject of the report. |
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The physician, clinical psychologist, qualified examiner, law |
enforcement official, or school administrator making the |
determination and his or her employer shall not be held |
criminally, civilly, or professionally liable for making or not |
making the notification required under this subsection, except |
for willful or wanton misconduct. |
(e) The Department of State Police shall adopt rules to |
implement this Section. |
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, |
eff. 7-27-15.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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