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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3942 Introduced , by Rep. Brian W. Stewart SYNOPSIS AS INTRODUCED:
| | 430 ILCS 65/8.1 | from Ch. 38, par. 83-8.1 |
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Amends the Firearm Owners Identification Card Act. Makes a technical change in a Section concerning notification of dispositions of certain criminal cases.
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| | A BILL FOR |
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| | HB3942 | | LRB099 10456 RLC 30683 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 8.1 as follows:
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| 6 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
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| 7 | | Sec. 8.1. Notifications to the Department of State Police.
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| 8 | | (a) The
The Circuit Clerk shall, in the form and manner |
| 9 | | required by the
Supreme Court, notify the Department of State |
| 10 | | Police of all final dispositions
of cases for which the |
| 11 | | Department has received information reported to it under
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| 12 | | Sections 2.1 and 2.2 of the Criminal Identification Act. |
| 13 | | (b) Upon adjudication of any individual as a mentally |
| 14 | | disabled person as defined in Section 1.1 of this Act or a |
| 15 | | finding that a person has been involuntarily admitted, the |
| 16 | | court shall direct the circuit court clerk to immediately |
| 17 | | notify the Department of State Police, Firearm Owner's |
| 18 | | Identification (FOID) department, and shall forward a copy of |
| 19 | | the court order to the Department. |
| 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 |
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| | HB3942 | - 2 - | LRB099 10456 RLC 30683 b |
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| 1 | | Act for the purpose of determining whether a person who may be |
| 2 | | or may have been a patient in a mental health facility is |
| 3 | | disqualified under State or federal law from receiving or |
| 4 | | retaining a Firearm Owner's Identification Card, or purchasing |
| 5 | | a weapon. |
| 6 | | (d) If a person is determined to pose a clear and present |
| 7 | | danger to himself, herself, or to others: |
| 8 | | (1) by a physician, clinical psychologist, or |
| 9 | | qualified examiner, or is determined to be developmentally |
| 10 | | disabled by a physician, clinical psychologist, or |
| 11 | | qualified examiner, whether employed by the State or |
| 12 | | privately, then the physician, clinical psychologist, or |
| 13 | | qualified examiner shall, within 24 hours of making the |
| 14 | | determination, notify the Department of Human Services |
| 15 | | that the person poses a clear and present danger or is |
| 16 | | developmentally disabled; or |
| 17 | | (2) by a law enforcement official or school |
| 18 | | administrator, then the law enforcement official or school |
| 19 | | administrator shall, within 24 hours of making the |
| 20 | | determination, notify the Department of State Police that |
| 21 | | the person poses a clear and present danger. |
| 22 | | The Department of Human Services shall immediately update |
| 23 | | its records and information relating to mental health and |
| 24 | | developmental disabilities, and if appropriate, shall notify |
| 25 | | the Department of State Police in a form and manner prescribed |
| 26 | | by the Department of State Police. The Department of State |
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| | HB3942 | - 3 - | LRB099 10456 RLC 30683 b |
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| 1 | | Police shall determine whether to revoke the person's Firearm |
| 2 | | Owner's Identification Card under Section 8 of this Act. Any |
| 3 | | information disclosed under this subsection shall remain |
| 4 | | privileged and confidential, and shall not be redisclosed, |
| 5 | | except as required under subsection (e) of Section 3.1 of this |
| 6 | | Act, nor used for any other purpose. The method of providing |
| 7 | | this information shall guarantee that the information is not |
| 8 | | released beyond what is necessary for the purpose of this |
| 9 | | Section and shall be provided by rule by the Department of |
| 10 | | Human Services. The identity of the person reporting under this |
| 11 | | Section shall not be disclosed to the subject of the report. |
| 12 | | The physician, clinical psychologist, qualified examiner, law |
| 13 | | enforcement official, or school administrator making the |
| 14 | | determination and his or her employer shall not be held |
| 15 | | criminally, civilly, or professionally liable for making or not |
| 16 | | making the notification required under this subsection, except |
| 17 | | for willful or wanton misconduct. |
| 18 | | (e) The Department of State Police shall adopt rules to |
| 19 | | implement this Section. |
| 20 | | (Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; 98-600, |
| 21 | | eff. 12-6-13.)
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