102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1857

 

Introduced 2/26/2021, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-2-13 new

    Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the Department of Corrections officer's Firearm Owner's Identification Card is revoked or seized because the Department of Corrections officer has been a patient of a mental health facility and the Department of Corrections officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that nothing is this provision shall otherwise impair an employer's ability to determine a Department of Corrections officer's fitness for duty. Provides that a collective bargaining agreement in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the employer cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the employer shall document if and why a Department of Corrections officer has been determined to pose a clear and present danger. Defines terms.


LRB102 12095 RLC 17432 b

 

 

A BILL FOR

 

SB1857LRB102 12095 RLC 17432 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5adding Section 3-2-13 as follows:
 
6    (730 ILCS 5/3-2-13 new)
7    Sec. 3-2-13. Possession of a Firearm Owner's
8Identification Card. The Department shall not make possession
9of a Firearm Owner's Identification Card a condition of
10continued employment if the Department of Corrections
11officer's Firearm Owner's Identification Card is revoked or
12seized because the Department of Corrections officer has been
13a patient of a mental health facility and the Department of
14Corrections officer has not been determined to pose a clear
15and present danger to himself, herself, or others as
16determined by a physician, clinical psychologist, or qualified
17examiner. Nothing is this Section shall otherwise impair an
18employer's ability to determine a Department of Corrections
19officer's fitness for duty. A collective bargaining agreement
20in effect on this issue on the effective date of this
21amendatory Act of the 102nd General Assembly cannot be
22modified, but on or after the effective date of this
23amendatory Act of the 102nd General Assembly, the employer

 

 

SB1857- 2 -LRB102 12095 RLC 17432 b

1cannot require a Firearm Owner's Identification Card as a
2condition of continued employment in a collective bargaining
3agreement. The employer shall document if and why a Department
4of Corrections officer has been determined to pose a clear and
5present danger. In this Section, "mental health facility",
6"physician", "clinical psychologist", and "qualified examiner"
7have the meanings ascribed to them in the Mental Health and
8Developmental Disabilities Code.