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Full Text of HB2792  98th General Assembly

HB2792 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2792

 

Introduced , by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8
740 ILCS 110/11  from Ch. 91 1/2, par. 811

    Amends the Firearm Owners Identification Card Act. Provides that an applicant for a Firearm Owner's Identification Card must receive a psychiatric or psychological evaluation by a psychiatrist, clinical psychologist, or clinical social worker and receive a certification by the psychiatrist, clinical psychologist, or clinical social worker that he or she: (1) is not a danger to himself, herself, or to others; (2) does not lack the mental capacity to manage his or her own affairs; (3) is able to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others; and (4) does not have a state of mind manifested by violent, suicidal, threatening, or assaultive behavior that poses a clear and present danger to himself, herself, or to others at the time of the evaluation or in the future. Provides that if a patient of a psychiatrist, clinical psychologist, or clinical social worker has received a psychiatric or psychological evaluation and the psychiatrist, clinical psychologist, or clinical social worker determines that the Card holder is ineligible for the Card for these reasons, the psychiatrist, clinical psychologist, or clinical social worker shall immediately after making the determination shall forward that information to the Department of State Police. Amends the Mental Health and Developmental Disabilities Confidentiality Act to permit disclosure of this information. Effective immediately.


LRB098 07260 RLC 37322 b

 

 

A BILL FOR

 

HB2792LRB098 07260 RLC 37322 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 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
8Identification 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
17        or she is under 21 years of age that he or she has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm ammunition
20        and that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from

 

 

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1        having a Firearm Owner's Identification Card and files
2        an affidavit with the Department as prescribed by the
3        Department stating that he or she is not an individual
4        prohibited from having a Card;
5            (ii) He or she has not been convicted of a felony
6        under the laws of this or any other jurisdiction;
7            (iii) He or she is not addicted to narcotics;
8            (iv) He or she has not been a patient in a mental
9        institution within the past 5 years and he or she has
10        not been adjudicated as a mental defective;
11            (v) He or she is not intellectually disabled;
12            (vi) He or she is not an alien who is unlawfully
13        present in the United States under the laws of the
14        United States;
15            (vii) He or she is not subject to an existing order
16        of protection prohibiting him or her from possessing a
17        firearm;
18            (viii) He or she has not been convicted within the
19        past 5 years of battery, assault, aggravated assault,
20        violation of an order of protection, or a substantially
21        similar offense in another jurisdiction, in which a
22        firearm was used or possessed;
23            (ix) He or she has not been convicted of domestic
24        battery, aggravated domestic battery, or a
25        substantially similar offense in another jurisdiction
26        committed before, on or after January 1, 2012 (the

 

 

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1        effective date of Public Act 97-158). If the applicant
2        knowingly and intelligently waives the right to have an
3        offense described in this clause (ix) tried by a jury,
4        and by guilty plea or otherwise, results in a
5        conviction for an offense in which a domestic
6        relationship is not a required element of the offense
7        but in which a determination of the applicability of 18
8        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
9        Code of Criminal Procedure of 1963, an entry by the
10        court of a judgment of conviction for that offense
11        shall be grounds for denying the issuance of a Firearm
12        Owner's Identification Card under this Section;
13            (x) (Blank);
14            (xi) He or she is not an alien who has been
15        admitted to the United States under a non-immigrant
16        visa (as that term is defined in Section 101(a)(26) of
17        the Immigration and Nationality Act (8 U.S.C.
18        1101(a)(26))), or that he or she is an alien who has
19        been lawfully admitted to the United States under a
20        non-immigrant visa if that alien is:
21                (1) admitted to the United States for lawful
22            hunting or sporting purposes;
23                (2) an official representative of a foreign
24            government who is:
25                    (A) accredited to the United States
26                Government or the Government's mission to an

 

 

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1                international organization having its
2                headquarters in the United States; or
3                    (B) en route to or from another country to
4                which that alien is accredited;
5                (3) an official of a foreign government or
6            distinguished foreign visitor who has been so
7            designated by the Department of State;
8                (4) a foreign law enforcement officer of a
9            friendly foreign government entering the United
10            States on official business; or
11                (5) one who has received a waiver from the
12            Attorney General of the United States pursuant to
13            18 U.S.C. 922(y)(3);
14            (xii) He or she is not a minor subject to a
15        petition filed under Section 5-520 of the Juvenile
16        Court Act of 1987 alleging that the minor is a
17        delinquent minor for the commission of an offense that
18        if committed by an adult would be a felony;
19            (xiii) He or she is not an adult who had been
20        adjudicated a delinquent minor under the Juvenile
21        Court Act of 1987 for the commission of an offense that
22        if committed by an adult would be a felony; and
23            (xiv) He or she is a resident of the State of
24        Illinois; and
25            (xv) He or she has received a psychiatric or
26        psychological evaluation by a psychiatrist, clinical

 

 

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1        psychologist, or clinical social worker as those terms
2        are defined in the Mental Health and Developmental
3        Disabilities Code and has received a certification by
4        the psychiatrist, clinical psychologist, or clinical
5        social worker that he or she:
6                (1) is not a danger to himself, herself, or to
7            others;
8                (2) does not lack the mental capacity to manage
9            his or her own affairs;
10                (3) is able to provide for his or her basic
11            physical needs so as to guard himself or herself
12            from serious harm without the assistance of family
13            or others; and
14                (4) does not have a state of mind manifested by
15            violent, suicidal, threatening, or assaultive
16            behavior that poses a clear and present danger to
17            himself, herself, or to others at the time of the
18            evaluation or in the future.
19            The certification shall be submitted to the
20        Department of State Police by the applicant at the time
21        of his or her application; and
22        (3) Upon request by the Department of State Police,
23    sign a release on a form prescribed by the Department of
24    State Police waiving any right to confidentiality and
25    requesting the disclosure to the Department of State Police
26    of limited mental health institution admission information

 

 

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1    from another state, the District of Columbia, any other
2    territory of the United States, or a foreign nation
3    concerning the applicant for the sole purpose of
4    determining whether the applicant is or was a patient in a
5    mental health institution and disqualified because of that
6    status from receiving a Firearm Owner's Identification
7    Card. No mental health care or treatment records may be
8    requested. The information received shall be destroyed
9    within one year of receipt.
10    (a-5) Each applicant for a Firearm Owner's Identification
11Card who is over the age of 18 shall furnish to the Department
12of State Police either his or her Illinois driver's license
13number or Illinois Identification Card number, except as
14provided in subsection (a-10).
15    (a-10) Each applicant for a Firearm Owner's Identification
16Card, who is employed as a law enforcement officer, an armed
17security officer in Illinois, or by the United States Military
18permanently assigned in Illinois and who is not an Illinois
19resident, shall furnish to the Department of State Police his
20or her driver's license number or state identification card
21number from his or her state of residence. The Department of
22State Police may promulgate rules to enforce the provisions of
23this subsection (a-10).
24    (a-15) If an applicant applying for a Firearm Owner's
25Identification Card moves from the residence address named in
26the application, he or she shall immediately notify in a form

 

 

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1and manner prescribed by the Department of State Police of that
2change of address.
3    (a-20) Each applicant for a Firearm Owner's Identification
4Card shall furnish to the Department of State Police his or her
5photograph. An applicant who is 21 years of age or older
6seeking a religious exemption to the photograph requirement
7must furnish with the application an approved copy of United
8States Department of the Treasury Internal Revenue Service Form
94029. In lieu of a photograph, an applicant regardless of age
10seeking a religious exemption to the photograph requirement
11shall submit fingerprints on a form and manner prescribed by
12the Department with his or her application.
13    (b) Each application form shall include the following
14statement printed in bold type: "Warning: Entering false
15information on an application for a Firearm Owner's
16Identification Card is punishable as a Class 2 felony in
17accordance with subsection (d-5) of Section 14 of the Firearm
18Owners Identification Card Act.".
19    (c) Upon such written consent, pursuant to Section 4,
20paragraph (a)(2)(i), the parent or legal guardian giving the
21consent shall be liable for any damages resulting from the
22applicant's use of firearms or firearm ammunition.
23(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
24eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
25    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)

 

 

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1    Sec. 8. The Department of State Police has authority to
2deny an application for or to revoke and seize a Firearm
3Owner's Identification Card previously issued under this Act
4only if the Department finds that the applicant or the person
5to whom such card was issued is or was at the time of issuance:
6    (a) A person under 21 years of age who has been convicted
7of a misdemeanor other than a traffic offense or adjudged
8delinquent;
9    (b) A person under 21 years of age who does not have the
10written consent of his parent or guardian to acquire and
11possess firearms and firearm ammunition, or whose parent or
12guardian has revoked such written consent, or where such parent
13or guardian does not qualify to have a Firearm Owner's
14Identification Card;
15    (c) A person convicted of a felony under the laws of this
16or any other jurisdiction;
17    (d) A person addicted to narcotics;
18    (e) A person who has been a patient of a mental institution
19within the past 5 years or has been adjudicated as a mental
20defective;
21    (f) A person whose mental condition is of such a nature
22that it poses a clear and present danger to the applicant, any
23other person or persons or the community;
24    For the purposes of this Section, "mental condition" means
25a state of mind manifested by violent, suicidal, threatening or
26assaultive behavior.

 

 

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1    (g) A person who is intellectually disabled;
2    (h) A person who intentionally makes a false statement in
3the Firearm Owner's Identification Card application;
4    (i) An alien who is unlawfully present in the United States
5under the laws of the United States;
6    (i-5) An alien who has been admitted to the United States
7under a non-immigrant visa (as that term is defined in Section
8101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
91101(a)(26))), except that this subsection (i-5) does not apply
10to any alien who has been lawfully admitted to the United
11States under a non-immigrant visa if that alien is:
12        (1) admitted to the United States for lawful hunting or
13    sporting purposes;
14        (2) an official representative of a foreign government
15    who is:
16            (A) accredited to the United States Government or
17        the Government's mission to an international
18        organization having its headquarters in the United
19        States; or
20            (B) en route to or from another country to which
21        that alien is accredited;
22        (3) an official of a foreign government or
23    distinguished foreign visitor who has been so designated by
24    the Department of State;
25        (4) a foreign law enforcement officer of a friendly
26    foreign government entering the United States on official

 

 

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1    business; or
2        (5) one who has received a waiver from the Attorney
3    General of the United States pursuant to 18 U.S.C.
4    922(y)(3);
5    (j) (Blank);
6    (k) A person who has been convicted within the past 5 years
7of battery, assault, aggravated assault, violation of an order
8of protection, or a substantially similar offense in another
9jurisdiction, in which a firearm was used or possessed;
10    (l) A person who has been convicted of domestic battery,
11aggravated domestic battery, or a substantially similar
12offense in another jurisdiction committed before, on or after
13January 1, 2012 (the effective date of Public Act 97-158). If
14the applicant or person who has been previously issued a
15Firearm Owner's Identification Card under this Act knowingly
16and intelligently waives the right to have an offense described
17in this paragraph (l) tried by a jury, and by guilty plea or
18otherwise, results in a conviction for an offense in which a
19domestic relationship is not a required element of the offense
20but in which a determination of the applicability of 18 U.S.C.
21922(g)(9) is made under Section 112A-11.1 of the Code of
22Criminal Procedure of 1963, an entry by the court of a judgment
23of conviction for that offense shall be grounds for denying an
24application for and for revoking and seizing a Firearm Owner's
25Identification Card previously issued to the person under this
26Act;

 

 

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1    (m) (Blank);
2    (n) A person who is prohibited from acquiring or possessing
3firearms or firearm ammunition by any Illinois State statute or
4by federal law;
5    (o) A minor subject to a petition filed under Section 5-520
6of the Juvenile Court Act of 1987 alleging that the minor is a
7delinquent minor for the commission of an offense that if
8committed by an adult would be a felony;
9    (p) An adult who had been adjudicated a delinquent minor
10under the Juvenile Court Act of 1987 for the commission of an
11offense that if committed by an adult would be a felony; or
12    (q) A person who is not a resident of the State of
13Illinois, except as provided in subsection (a-10) of Section 4;
14or .
15    (s) A person who has received a psychiatric or
16psychological evaluation by a psychiatrist, clinical
17psychologist, or clinical social worker as those terms are
18defined in the Mental Health and Developmental Disabilities
19Code and the psychiatrist, clinical psychologist, or clinical
20social worker determines that the Card holder:
21                (1) is a danger to himself, herself, or to
22            others;
23                (2) lacks the mental capacity to manage his or
24            her own affairs;
25                (3) is unable to provide for his or her basic
26            physical needs so as to guard himself or herself

 

 

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1            from serious harm without the assistance of family
2            or others; and
3                (4) has a state of mind manifested by violent,
4            suicidal, threatening, or assaultive behavior that
5            poses a clear and present danger to himself,
6            herself, or to others at the time of the evaluation
7            or in the future.
8            The psychiatrist, clinical psychologist, or
9        clinical social worker shall immediately after making
10        the determination described in this subsection (s)
11        shall forward that information to the Department of
12        State Police.
13(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
14eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
15    Section 10. The Mental Health and Developmental
16Disabilities Confidentiality Act is amended by changing
17Section 11 as follows:
 
18    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
19    Sec. 11. Disclosure of records and communications. Records
20and communications may be disclosed:
21        (i) in accordance with the provisions of the Abused and
22    Neglected Child Reporting Act, subsection (u) of Section 5
23    of the Children and Family Services Act, or Section 7.4 of
24    the Child Care Act of 1969;

 

 

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1        (ii) when, and to the extent, a therapist, in his or
2    her sole discretion, determines that disclosure is
3    necessary to initiate or continue civil commitment or
4    involuntary treatment proceedings under the laws of this
5    State or to otherwise protect the recipient or other person
6    against a clear, imminent risk of serious physical or
7    mental injury or disease or death being inflicted upon the
8    recipient or by the recipient on himself or another;
9        (iii) when, and to the extent disclosure is, in the
10    sole discretion of the therapist, necessary to the
11    provision of emergency medical care to a recipient who is
12    unable to assert or waive his or her rights hereunder;
13        (iv) when disclosure is necessary to collect sums or
14    receive third party payment representing charges for
15    mental health or developmental disabilities services
16    provided by a therapist or agency to a recipient under
17    Chapter V of the Mental Health and Developmental
18    Disabilities Code or to transfer debts under the
19    Uncollected State Claims Act; however, disclosure shall be
20    limited to information needed to pursue collection, and the
21    information so disclosed shall not be used for any other
22    purposes nor shall it be redisclosed except in connection
23    with collection activities;
24        (v) when requested by a family member, the Department
25    of Human Services may assist in the location of the
26    interment site of a deceased recipient who is interred in a

 

 

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1    cemetery established under Section 26 of the Mental Health
2    and Developmental Disabilities Administrative Act;
3        (vi) in judicial proceedings under Article VIII of
4    Chapter III and Article V of Chapter IV of the Mental
5    Health and Developmental Disabilities Code and proceedings
6    and investigations preliminary thereto, to the State's
7    Attorney for the county or residence of a person who is the
8    subject of such proceedings, or in which the person is
9    found, or in which the facility is located, to the attorney
10    representing the petitioner in the judicial proceedings,
11    to the attorney representing the recipient in the judicial
12    proceedings, to any person or agency providing mental
13    health services that are the subject of the proceedings and
14    to that person's or agency's attorney, to any court
15    personnel, including but not limited to judges and circuit
16    court clerks, and to a guardian ad litem if one has been
17    appointed by the court. Information disclosed under this
18    subsection shall not be utilized for any other purpose nor
19    be redisclosed except in connection with the proceedings or
20    investigations. Copies of any records provided to counsel
21    for a petitioner shall be deleted or destroyed at the end
22    of the proceedings and counsel for petitioner shall certify
23    to the court in writing that he or she has done so. At the
24    request of a recipient or his or her counsel, the court
25    shall issue a protective order insuring the
26    confidentiality of any records or communications provided

 

 

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1    to counsel for a petitioner;
2        (vii) when, and to the extent disclosure is necessary
3    to comply with the requirements of the Census Bureau in
4    taking the federal Decennial Census;
5        (viii) when, and to the extent, in the therapist's sole
6    discretion, disclosure is necessary to warn or protect a
7    specific individual against whom a recipient has made a
8    specific threat of violence where there exists a
9    therapist-recipient relationship or a special
10    recipient-individual relationship;
11        (ix) in accordance with the Sex Offender Registration
12    Act;
13        (x) in accordance with the Rights of Crime Victims and
14    Witnesses Act;
15        (xi) in accordance with Section 6 of the Abused and
16    Neglected Long Term Care Facility Residents Reporting Act;
17    and
18        (xii) in accordance with Section 55 of the Abuse of
19    Adults with Disabilities Intervention Act; and
20        (xiii) in accordance with clause (a)(2)(xv) of Section
21    4 and subsection (s) of Section 8 of the Firearm Owners
22    Identification Card Act.
23    Any person, institution, or agency, under this Act,
24participating in good faith in the making of a report under the
25Abused and Neglected Child Reporting Act or in the disclosure
26of records and communications under this Section, shall have

 

 

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1immunity from any liability, civil, criminal or otherwise, that
2might result by reason of such action. For the purpose of any
3proceeding, civil or criminal, arising out of a report or
4disclosure under this Section, the good faith of any person,
5institution, or agency so reporting or disclosing shall be
6presumed.
7(Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11;
897-375, eff. 8-15-11.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.