99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2213
 
Introduced 1/13/2016, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:






430 ILCS 65/8.1 from Ch. 38, par. 83-8.1

 Amends the Firearm Owners Identification Card Act. Provides that upon adjudication of any individual as a person with a mental disability or a finding that a person has been involuntarily admitted, the circuit court clerk shall (rather than the court shall direct the circuit court clerk to) immediately notify the Department of State Police, Firearm Owner's Identification (FOID) department. Provides that beginning July 1, 2016, and each July 1 and December 30 of every year thereafter, the court shall direct the circuit court clerk to notify the Department of State Police, Firearm Owner's Identification (FOID) department if the court has not adjudicated any individual as a person with a mentally disability within the preceding 6 months. Provides that any clerk who knowingly fails to perform these duties is guilty of a petty offense and shall be fined by the court not exceeding $100, and for any subsequent offense he or she is guilty of a Class A misdemeanor and if convicted may be removed from office by the court.
Effective immediately.



LRB099 15827 RLC 40202 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB2213LRB099 15827 RLC 40202 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 8.1 as follows:



6 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



7 Sec. 8.1. Notifications to the Department of State Police.

8 (a) The Circuit Clerk shall, in the form and manner 
9required by the
Supreme Court, notify the Department of State 
10Police of all final dispositions
of cases for which the 
11Department has received information reported to it under

12Sections 2.1 and 2.2 of the Criminal Identification Act.

13 (b) Upon adjudication of any individual as a person with a 
14mental disability as defined in Section 1.1 of this Act or a 
15finding that a person has been involuntarily admitted, the 
16court shall direct the circuit court clerk shall to immediately 
17notify the Department of State Police, Firearm Owner's 
18Identification (FOID) department, and shall forward a copy of 
19the court order to the Department. Beginning July 1, 2016, and 
20each July 1 and December 30 of every year thereafter, the court 
21shall direct the circuit court clerk to notify the Department 
22of State Police, Firearm Owner's Identification (FOID) 
23department if the court has not adjudicated any individual as a 
 
 
SB2213- 2 -LRB099 15827 RLC 40202 b


1person with a mentally disability within the preceding 6 
2months. Any clerk who knowingly fails to perform the duties 
3under this subsection (b) is guilty of a petty offense and 
4shall be fined by the court not exceeding $100, and for any 
5subsequent offense he or she is guilty of a Class A misdemeanor 
6and if convicted may be removed from office by the court. 
7 (c) The Department of Human Services shall, in the form and 
8manner prescribed by the Department of State Police, report all 
9information collected under subsection (b) of Section 12 of the 
10Mental Health and Developmental Disabilities Confidentiality 
11Act for the purpose of determining whether a person who may be 
12or may have been a patient in a mental health facility is 
13disqualified under State or federal law from receiving or 
14retaining a Firearm Owner's Identification Card, or purchasing 
15a weapon.
16 (d) If a person is determined to pose a clear and present 
17danger to himself, herself, or to others:
18  (1) by a physician, clinical psychologist, or 
19 qualified examiner, or is determined to have a 
20 developmental disability by a physician, clinical 
21 psychologist, or qualified examiner, whether employed by 
22 the State or privately, then the physician, clinical 
23 psychologist, or qualified examiner shall, within 24 hours 
24 of making the determination, notify the Department of Human 
25 Services that the person poses a clear and present danger 
26 or has a developmental disability; or
 
 
SB2213- 3 -LRB099 15827 RLC 40202 b


1  (2) by a law enforcement official or school 
2 administrator, then the law enforcement official or school 
3 administrator shall, within 24 hours of making the 
4 determination, notify the Department of State Police that 
5 the person poses a clear and present danger. 
6 The Department of Human Services shall immediately update 
7its records and information relating to mental health and 
8developmental disabilities, and if appropriate, shall notify 
9the Department of State Police in a form and manner prescribed 
10by the Department of State Police. The Department of State 
11Police shall determine whether to revoke the person's Firearm 
12Owner's Identification Card under Section 8 of this Act. Any 
13information disclosed under this subsection shall remain 
14privileged and confidential, and shall not be redisclosed, 
15except as required under subsection (e) of Section 3.1 of this 
16Act, nor used for any other purpose. The method of providing 
17this information shall guarantee that the information is not 
18released beyond what is necessary for the purpose of this 
19Section and shall be provided by rule by the Department of 
20Human Services. The identity of the person reporting under this 
21Section shall not be disclosed to the subject of the report. 
22The physician, clinical psychologist, qualified examiner, law 
23enforcement official, or school administrator making the 
24determination and his or her employer shall not be held 
25criminally, civilly, or professionally liable for making or not 
26making the notification required under this subsection, except 
 
 
SB2213- 4 -LRB099 15827 RLC 40202 b


1for willful or wanton misconduct.
2 (e) The Department of State Police shall adopt rules to 
3implement this Section. 
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, 
5eff. 7-27-15.)



6 Section 99. Effective date. This Act takes effect upon 
7becoming law.