Full Text of HB1157 98th General Assembly
HB1157ham003 98TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1157
| 2 | | AMENDMENT NO. ______. Amend House Bill 1157, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 202. 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 |
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| 1 | | or she is under 21
years of age that he or she has the | 2 | | written consent of his or her parent or
legal guardian | 3 | | to possess and acquire firearms and firearm ammunition | 4 | | and that
he or she has never been convicted of a | 5 | | misdemeanor other than a traffic
offense or adjudged
| 6 | | delinquent, provided, however, that such parent or | 7 | | legal guardian is not an
individual prohibited from | 8 | | having a Firearm Owner's Identification Card and
files | 9 | | an affidavit with the Department as prescribed by the | 10 | | Department
stating that he or she is not an individual | 11 | | prohibited from having a Card;
| 12 | | (ii) He or she has not been convicted of a felony | 13 | | under the laws of
this or any other jurisdiction;
| 14 | | (iii) He or she is not addicted to narcotics;
| 15 | | (iv) He or she has not been a patient in a mental | 16 | | institution within
the past 5 years and he or she has | 17 | | not been adjudicated as a mental defective;
| 18 | | (v) He or she is not intellectually disabled;
| 19 | | (vi) He or she is not an alien who is unlawfully | 20 | | present in the
United States under the laws of the | 21 | | United States;
| 22 | | (vii) He or she is not subject to an existing order | 23 | | of protection
prohibiting him or her from possessing a | 24 | | firearm;
| 25 | | (viii) He or she has not been convicted within the | 26 | | past 5 years of
battery, assault, aggravated assault, |
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| 1 | | violation of an order of
protection, or a substantially | 2 | | similar offense in another jurisdiction, in
which a | 3 | | firearm was used or possessed;
| 4 | | (ix) He or she has not been convicted of domestic | 5 | | battery, aggravated domestic battery, or a
| 6 | | substantially similar offense in another
jurisdiction | 7 | | committed before, on or after January 1, 2012 (the | 8 | | effective date of Public Act 97-158). If the applicant | 9 | | knowingly and intelligently waives the right to have an | 10 | | offense described in this clause (ix) tried by a jury, | 11 | | and by guilty plea or otherwise, results in a | 12 | | conviction for an offense in which a domestic | 13 | | relationship is not a required element of the offense | 14 | | but in which a determination of the applicability of 18 | 15 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 16 | | Code of Criminal Procedure of 1963, an entry by the | 17 | | court of a judgment of conviction for that offense | 18 | | shall be grounds for denying the issuance of a Firearm | 19 | | Owner's Identification Card under this Section;
| 20 | | (x) (Blank);
| 21 | | (xi) He or she is not an alien who has been | 22 | | admitted to the United
States under a non-immigrant | 23 | | visa (as that term is defined in Section
101(a)(26) of | 24 | | the Immigration and Nationality Act (8 U.S.C. | 25 | | 1101(a)(26))),
or that he or she is an alien who has | 26 | | been lawfully admitted to the United
States under a |
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| 1 | | non-immigrant visa if that alien is:
| 2 | | (1) admitted to the United States for lawful | 3 | | hunting or sporting
purposes;
| 4 | | (2) an official representative of a foreign | 5 | | government who is:
| 6 | | (A) accredited to the United States | 7 | | Government or the Government's
mission to an | 8 | | international organization having its | 9 | | headquarters in the United
States; or
| 10 | | (B) en route to or from another country to | 11 | | which that alien is
accredited;
| 12 | | (3) an official of a foreign government or | 13 | | distinguished foreign
visitor who has been so | 14 | | designated by the Department of State;
| 15 | | (4) a foreign law enforcement officer of a | 16 | | friendly foreign
government entering the United | 17 | | States on official business; or
| 18 | | (5) one who has received a waiver from the | 19 | | Attorney General of the
United States pursuant to | 20 | | 18 U.S.C. 922(y)(3);
| 21 | | (xii) He or she is not a minor subject to a | 22 | | petition filed
under Section 5-520 of the Juvenile | 23 | | Court Act of 1987 alleging that the
minor is a | 24 | | delinquent minor for the commission of an offense that | 25 | | if
committed by an adult would be a felony;
| 26 | | (xiii) He or she is not an adult who had been |
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| 1 | | adjudicated a delinquent
minor under the Juvenile | 2 | | Court Act of 1987 for the commission of an offense
that | 3 | | if committed by an adult would be a felony; and
| 4 | | (xiv) He or she is a resident of the State of | 5 | | Illinois; and | 6 | | (xv) He or she has received a mental health | 7 | | evaluation by a clinical psychologist or physician as | 8 | | those terms are defined in the Mental Health and | 9 | | Developmental Disabilities Code and has received a | 10 | | certification by the clinical psychologist or | 11 | | physician that he or she: | 12 | | (1) is not a danger to himself, herself, or to | 13 | | others; | 14 | | (2) does not lack the mental capacity to manage | 15 | | his or her
own affairs; | 16 | | (3) is able to provide for his or her basic | 17 | | physical needs so as to guard himself or herself | 18 | | from serious harm without the assistance of family | 19 | | or others; and | 20 | | (4) does not have a state of mind manifested by | 21 | | violent, suicidal, threatening, or assaultive | 22 | | behavior that poses a clear and present danger to | 23 | | himself, herself, or to others at the time of the | 24 | | evaluation or in the future. | 25 | | The certification shall be submitted to the | 26 | | Department of State Police by the applicant at the time |
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| 1 | | of his or her application; and a mental health | 2 | | evaluation as provided in this item (xv) is also | 3 | | required when applying for renewal of a Firearm Owner's | 4 | | Identification Card; and
| 5 | | (3) Upon request by the Department of State Police, | 6 | | sign a release on a
form prescribed by the Department of | 7 | | State Police waiving any right to
confidentiality and | 8 | | requesting the disclosure to the Department of State Police
| 9 | | of limited mental health institution admission information | 10 | | from another state,
the District of Columbia, any other | 11 | | territory of the United States, or a
foreign nation | 12 | | concerning the applicant for the sole purpose of | 13 | | determining
whether the applicant is or was a patient in a | 14 | | mental health institution and
disqualified because of that | 15 | | status from receiving a Firearm Owner's
Identification | 16 | | Card. No mental health care or treatment records may be
| 17 | | requested. The information received shall be destroyed | 18 | | within one year of
receipt.
| 19 | | (a-5) Each applicant for a Firearm Owner's Identification | 20 | | Card who is over
the age of 18 shall furnish to the Department | 21 | | of State Police either his or
her Illinois driver's license | 22 | | number or Illinois Identification Card number, except as
| 23 | | provided in subsection (a-10).
| 24 | | (a-10) Each applicant for a Firearm Owner's Identification | 25 | | Card,
who is employed as a law enforcement officer, an armed | 26 | | security officer in Illinois, or by the United States Military
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| 1 | | permanently assigned in Illinois and who is not an Illinois | 2 | | resident, shall furnish to
the Department of State Police his | 3 | | or her driver's license number or state
identification card | 4 | | number from his or her state of residence. The Department
of | 5 | | State Police may promulgate rules to enforce the provisions of | 6 | | this
subsection (a-10).
| 7 | | (a-15) If an applicant applying for a Firearm Owner's | 8 | | Identification Card moves from the residence address named in | 9 | | the application, he or she shall immediately notify in a form | 10 | | and manner prescribed by the Department of State Police of that | 11 | | change of address. | 12 | | (a-20) Each applicant for a Firearm Owner's Identification | 13 | | Card shall furnish to the Department of State Police his or her | 14 | | photograph. An applicant who is 21 years of age or older | 15 | | seeking a religious exemption to the photograph requirement | 16 | | must furnish with the application an approved copy of United | 17 | | States Department of the Treasury Internal Revenue Service Form | 18 | | 4029. In lieu of a photograph, an applicant regardless of age | 19 | | seeking a religious exemption to the photograph requirement | 20 | | shall submit fingerprints on a form and manner prescribed by | 21 | | the Department with his or her application. | 22 | | (b) Each application form shall include the following | 23 | | statement printed in
bold type: "Warning: Entering false | 24 | | information on an application for a Firearm
Owner's | 25 | | Identification Card is punishable as a Class 2 felony in | 26 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
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| 1 | | Owners Identification Card
Act.".
| 2 | | (c) Upon such written consent, pursuant to Section 4, | 3 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 4 | | consent shall be liable for any
damages resulting from the | 5 | | applicant's use of firearms or firearm ammunition.
| 6 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 7 | | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 8 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 9 | | Sec. 8. The Department of State Police has authority to | 10 | | deny an
application for or to revoke and seize a Firearm | 11 | | Owner's Identification
Card previously issued under this Act | 12 | | only if the Department finds that the
applicant or the person | 13 | | to whom such card was issued is or was at the time
of issuance:
| 14 | | (a) A person under 21 years of age who has been convicted | 15 | | of a
misdemeanor other than a traffic offense or adjudged | 16 | | delinquent;
| 17 | | (b) A person under 21 years of age who does not have the | 18 | | written consent
of his parent or guardian to acquire and | 19 | | possess firearms and firearm
ammunition, or whose parent or | 20 | | guardian has revoked such written consent,
or where such parent | 21 | | or guardian does not qualify to have a Firearm Owner's
| 22 | | Identification Card;
| 23 | | (c) A person convicted of a felony under the laws of this | 24 | | or any other
jurisdiction;
| 25 | | (d) A person addicted to narcotics;
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| 1 | | (e) A person who has been a patient of a mental institution | 2 | | within the
past 5 years or has been adjudicated as a mental | 3 | | defective;
| 4 | | (f) A person whose mental condition is of such a nature | 5 | | that it poses
a clear and present danger to the applicant, any | 6 | | other person or persons or
the community;
| 7 | | For the purposes of this Section, "mental condition" means | 8 | | a state of
mind manifested by violent, suicidal, threatening or | 9 | | assaultive behavior.
| 10 | | (g) A person who is intellectually disabled;
| 11 | | (h) A person who intentionally makes a false statement in | 12 | | the Firearm
Owner's Identification Card application;
| 13 | | (i) An alien who is unlawfully present in
the United States | 14 | | under the laws of the United States;
| 15 | | (i-5) An alien who has been admitted to the United States | 16 | | under a
non-immigrant visa (as that term is defined in Section | 17 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 18 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 19 | | to any alien who has been lawfully admitted to
the United | 20 | | States under a non-immigrant visa if that alien is:
| 21 | | (1) admitted to the United States for lawful hunting or | 22 | | sporting purposes;
| 23 | | (2) an official representative of a foreign government | 24 | | who is:
| 25 | | (A) accredited to the United States Government or | 26 | | the Government's
mission to an international |
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| 1 | | organization having its headquarters in the United
| 2 | | States; or
| 3 | | (B) en route to or from another country to which | 4 | | that alien is
accredited;
| 5 | | (3) an official of a foreign government or | 6 | | distinguished foreign visitor
who has been so designated by | 7 | | the Department of State;
| 8 | | (4) a foreign law enforcement officer of a friendly | 9 | | foreign government
entering the United States on official | 10 | | business; or
| 11 | | (5) one who has received a waiver from the Attorney | 12 | | General of the United
States pursuant to 18 U.S.C. | 13 | | 922(y)(3);
| 14 | | (j) (Blank);
| 15 | | (k) A person who has been convicted within the past 5 years | 16 | | of battery,
assault, aggravated assault, violation of an order | 17 | | of protection, or a
substantially similar offense in another | 18 | | jurisdiction, in which a firearm was
used or possessed;
| 19 | | (l) A person who has been convicted of domestic battery, | 20 | | aggravated domestic battery, or a substantially
similar | 21 | | offense in another jurisdiction committed before, on or after | 22 | | January 1, 2012 (the effective date of Public Act 97-158). If | 23 | | the applicant or person who has been previously issued a | 24 | | Firearm Owner's Identification Card under this Act knowingly | 25 | | and intelligently waives the right to have an offense described | 26 | | in this paragraph (l) tried by a jury, and by guilty plea or |
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| 1 | | otherwise, results in a conviction for an offense in which a | 2 | | domestic relationship is not a required element of the offense | 3 | | but in which a determination of the applicability of 18 U.S.C. | 4 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 5 | | Criminal Procedure of 1963, an entry by the court of a judgment | 6 | | of conviction for that offense shall be grounds for denying an | 7 | | application for and for revoking and seizing a Firearm Owner's | 8 | | Identification Card previously issued to the person under this | 9 | | Act;
| 10 | | (m) (Blank);
| 11 | | (n) A person who is prohibited from acquiring or possessing
| 12 | | firearms or firearm ammunition by any Illinois State statute or | 13 | | by federal
law;
| 14 | | (o) A minor subject to a petition filed under Section 5-520 | 15 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 16 | | delinquent minor for
the commission of an offense that if | 17 | | committed by an adult would be a felony;
| 18 | | (p) An adult who had been adjudicated a delinquent minor | 19 | | under the Juvenile
Court Act of 1987 for the commission of an | 20 | | offense that if committed by an
adult would be a felony; or
| 21 | | (q) A person who is not a resident of the State of | 22 | | Illinois, except as provided in subsection (a-10) of Section 4 ; | 23 | | or . | 24 | | (s) A person who has received a mental health evaluation by | 25 | | a clinical psychologist or physician as those terms are defined | 26 | | in the Mental Health and Developmental Disabilities Code and |
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| 1 | | the clinical psychologist or physician determines that the Card | 2 | | holder: | 3 | | (1) is a danger to himself, herself, or to | 4 | | others; | 5 | | (2) lacks the mental capacity to manage his or | 6 | | her
own affairs; | 7 | | (3) is unable to provide for his or her basic | 8 | | physical needs so as to guard himself or herself | 9 | | from serious harm without the assistance of family | 10 | | or others; and | 11 | | (4) has a state of mind manifested by violent, | 12 | | suicidal, threatening, or assaultive behavior that | 13 | | poses a clear and present danger to himself, | 14 | | herself, or to others at the time of the evaluation | 15 | | or in the future. | 16 | | The clinical psychologist or physician shall, | 17 | | immediately after making the determination described | 18 | | in this subsection (s), forward that information to the | 19 | | Department of State Police. | 20 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 21 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 22 | | Section 340. The Mental Health and Developmental | 23 | | Disabilities Confidentiality Act is amended by changing | 24 | | Section 11 as follows:
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| 1 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 2 | | Sec. 11. Disclosure of records and communications. Records | 3 | | and
communications may be disclosed:
| 4 | | (i) in accordance with the provisions of the
Abused and | 5 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 6 | | of the Children and Family Services Act, or Section 7.4 of | 7 | | the Child Care Act of 1969;
| 8 | | (ii) when, and to the extent, a
therapist, in his or | 9 | | her sole discretion, determines that disclosure is
| 10 | | necessary to initiate or continue civil commitment or | 11 | | involuntary treatment proceedings under the laws
of this | 12 | | State or to otherwise protect the recipient or other person | 13 | | against a
clear, imminent risk of serious physical or | 14 | | mental injury or disease or death
being inflicted upon the | 15 | | recipient or by the recipient on himself or another;
| 16 | | (iii) when, and to the extent disclosure is, in the | 17 | | sole discretion of the
therapist, necessary to the | 18 | | provision of emergency medical care to a recipient
who is | 19 | | unable to assert or waive his or her rights hereunder;
| 20 | | (iv) when
disclosure is necessary to collect sums or | 21 | | receive third
party payment representing charges for | 22 | | mental health or developmental
disabilities services | 23 | | provided by a therapist or agency to a recipient
under | 24 | | Chapter V of the Mental Health and Developmental | 25 | | Disabilities Code or to
transfer debts under the | 26 | | Uncollected State Claims Act; however, disclosure
shall be |
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| 1 | | limited to information needed to pursue collection, and the
| 2 | | information so disclosed shall not be used for any other | 3 | | purposes nor shall it
be redisclosed except in connection | 4 | | with collection activities;
| 5 | | (v) when
requested by a family member, the Department | 6 | | of Human Services may assist in
the location of the | 7 | | interment site of a deceased recipient who is interred in a
| 8 | | cemetery established under Section 26 of the Mental Health | 9 | | and
Developmental Disabilities Administrative Act;
| 10 | | (vi) in judicial proceedings
under Article VIII of | 11 | | Chapter III and Article V of Chapter IV of the Mental
| 12 | | Health and Developmental Disabilities Code and proceedings | 13 | | and investigations
preliminary thereto, to the State's | 14 | | Attorney for the county or residence of a
person who is the | 15 | | subject of such proceedings, or in which the person is | 16 | | found,
or in which the facility is located, to the attorney | 17 | | representing the petitioner in the judicial proceedings, | 18 | | to the attorney representing the recipient
in the judicial | 19 | | proceedings, to any person or agency providing mental | 20 | | health
services that are the subject of the proceedings and | 21 | | to that person's or
agency's attorney, to any court | 22 | | personnel, including but not limited to judges
and circuit | 23 | | court clerks, and to a guardian ad litem if one has been | 24 | | appointed
by the court. Information disclosed under this | 25 | | subsection shall not be utilized
for any other purpose nor | 26 | | be redisclosed except in connection with the
proceedings or |
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| 1 | | investigations. Copies of any records provided to counsel | 2 | | for a petitioner shall be deleted or destroyed at the end | 3 | | of the proceedings and counsel for petitioner shall certify | 4 | | to the court in writing that he or she has done so. At the | 5 | | request of a recipient or his or her counsel, the court | 6 | | shall issue a protective order insuring the | 7 | | confidentiality of any records or communications provided | 8 | | to counsel for a petitioner;
| 9 | | (vii) when, and to the extent disclosure is
necessary | 10 | | to comply with the requirements of the Census Bureau in | 11 | | taking the
federal Decennial Census;
| 12 | | (viii) when, and to the extent, in the
therapist's sole | 13 | | discretion, disclosure is necessary to warn or protect a
| 14 | | specific individual against whom a recipient has made a | 15 | | specific threat of
violence where there exists a | 16 | | therapist-recipient relationship or a special
| 17 | | recipient-individual relationship;
| 18 | | (ix) in accordance with the Sex Offender
Registration | 19 | | Act;
| 20 | | (x) in accordance with the Rights of Crime Victims and
| 21 | | Witnesses Act; | 22 | | (xi) in accordance with Section 6 of the Abused and | 23 | | Neglected Long Term Care Facility Residents Reporting Act; | 24 | | and | 25 | | (xii) in accordance with Section 55 of the Abuse of | 26 | | Adults with Disabilities Intervention Act ; and |
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| 1 | | (xiii) in accordance with clause (a)(2)(xv) of Section | 2 | | 4 and subsection (s) of Section 8 of the Firearm Owners | 3 | | Identification Card Act .
| 4 | | Any person, institution, or agency, under
this Act, | 5 | | participating in good faith in the making of a report under the
| 6 | | Abused and Neglected Child Reporting Act or in the disclosure | 7 | | of records and
communications under this Section, shall have | 8 | | immunity from any liability,
civil, criminal or otherwise, that | 9 | | might result by reason of such action. For
the purpose of any | 10 | | proceeding, civil or criminal, arising out of a report or
| 11 | | disclosure under this Section, the good faith of any person, | 12 | | institution, or
agency so reporting or disclosing shall be | 13 | | presumed.
| 14 | | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; | 15 | | 97-375, eff. 8-15-11.)".
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