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Public Act 095-0564


 

Public Act 0564 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0564
 
SB0940 Enrolled LRB095 05750 KBJ 25840 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 3.1 as follows:
 
    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
    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.
    (b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
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
the Department of Human Services relating to mental health and
developmental disabilities to obtain any felony conviction or
patient hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
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.
    (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.
    (f) The Department of State Police shall promulgate rules
not inconsistent with this Section to implement this system.
(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised
8-19-05.)
 
    Section 10. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 12 as follows:
 
    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
    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
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.
    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.
    (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
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
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
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.
    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
action. For the purpose of any proceeding, civil or criminal,
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
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.
    For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
        (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.
        (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.
        (3) "Mental health facility" is defined by Section
    1-114 of the Mental Health and Developmental Disabilities
    Code.
    (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.
    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.
    (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
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.
(Source: P.A. 92-738, eff. 7-25-02.)

Effective Date: 6/1/2008