Full Text of HB1155 98th General Assembly
HB1155ham039 98TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1155
| 2 | | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 810. 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 | | (Text of Section before amendment by P.A. 97-1167 )
| 8 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 9 | | Identification Card must:
| 10 | | (1) Make application on blank forms prepared and | 11 | | furnished at convenient
locations throughout the State by | 12 | | the Department of State Police, or by
electronic means, if | 13 | | and when made available by the Department of State
Police; | 14 | | and
| 15 | | (2) Submit evidence to the Department of State Police | 16 | | that:
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| 1 | | (i) He or she is 21 years of age or over, or if he | 2 | | or she is under 21
years of age that he or she has the | 3 | | written consent of his or her parent or
legal guardian | 4 | | to possess and acquire firearms and firearm ammunition | 5 | | and that
he or she has never been convicted of a | 6 | | misdemeanor other than a traffic
offense or adjudged
| 7 | | delinquent, provided, however, that such parent or | 8 | | legal guardian is not an
individual prohibited from | 9 | | having a Firearm Owner's Identification Card and
files | 10 | | an affidavit with the Department as prescribed by the | 11 | | Department
stating that he or she is not an individual | 12 | | prohibited from having a Card;
| 13 | | (ii) He or she has not been convicted of a felony | 14 | | under the laws of
this or any other jurisdiction;
| 15 | | (iii) He or she is not addicted to narcotics;
| 16 | | (iv) He or she has not been a patient in a mental | 17 | | institution within
the past 5 years and he or she has | 18 | | not been adjudicated as a mental defective;
| 19 | | (v) He or she is not intellectually disabled;
| 20 | | (vi) He or she is not an alien who is unlawfully | 21 | | present in the
United States under the laws of the | 22 | | United States;
| 23 | | (vii) He or she is not subject to an existing order | 24 | | of protection
prohibiting him or her from possessing a | 25 | | firearm;
| 26 | | (viii) He or she has not been convicted within the |
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| 1 | | past 5 years of
battery, assault, aggravated assault, | 2 | | violation of an order of
protection, or a substantially | 3 | | similar offense in another jurisdiction, in
which a | 4 | | firearm was used or possessed;
| 5 | | (ix) He or she has not been convicted of domestic | 6 | | battery, aggravated domestic battery, or a
| 7 | | substantially similar offense in another
jurisdiction | 8 | | committed before, on or after January 1, 2012 (the | 9 | | effective date of Public Act 97-158). If the applicant | 10 | | knowingly and intelligently waives the right to have an | 11 | | offense described in this clause (ix) tried by a jury, | 12 | | and by guilty plea or otherwise, results in a | 13 | | conviction for an offense in which a domestic | 14 | | relationship is not a required element of the offense | 15 | | but in which a determination of the applicability of 18 | 16 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 17 | | Code of Criminal Procedure of 1963, an entry by the | 18 | | court of a judgment of conviction for that offense | 19 | | shall be grounds for denying the issuance of a Firearm | 20 | | Owner's Identification Card under this Section;
| 21 | | (x) (Blank);
| 22 | | (xi) He or she is not an alien who has been | 23 | | admitted to the United
States under a non-immigrant | 24 | | visa (as that term is defined in Section
101(a)(26) of | 25 | | the Immigration and Nationality Act (8 U.S.C. | 26 | | 1101(a)(26))),
or that he or she is an alien who has |
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| 1 | | been lawfully admitted to the United
States under a | 2 | | non-immigrant visa if that alien is:
| 3 | | (1) admitted to the United States for lawful | 4 | | hunting or sporting
purposes;
| 5 | | (2) an official representative of a foreign | 6 | | government who is:
| 7 | | (A) accredited to the United States | 8 | | Government or the Government's
mission to an | 9 | | international organization having its | 10 | | headquarters in the United
States; or
| 11 | | (B) en route to or from another country to | 12 | | which that alien is
accredited;
| 13 | | (3) an official of a foreign government or | 14 | | distinguished foreign
visitor who has been so | 15 | | designated by the Department of State;
| 16 | | (4) a foreign law enforcement officer of a | 17 | | friendly foreign
government entering the United | 18 | | States on official business; or
| 19 | | (5) one who has received a waiver from the | 20 | | Attorney General of the
United States pursuant to | 21 | | 18 U.S.C. 922(y)(3);
| 22 | | (xii) He or she is not a minor subject to a | 23 | | petition filed
under Section 5-520 of the Juvenile | 24 | | Court Act of 1987 alleging that the
minor is a | 25 | | delinquent minor for the commission of an offense that | 26 | | if
committed by an adult would be a felony;
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| 1 | | (xiii) He or she is not an adult who had been | 2 | | adjudicated a delinquent
minor under the Juvenile | 3 | | Court Act of 1987 for the commission of an offense
that | 4 | | if committed by an adult would be a felony; and
| 5 | | (xiv) He or she is a resident of the State of | 6 | | Illinois; and | 7 | | (xv) He or she has received a mental health | 8 | | evaluation by a clinical psychologist or physician as | 9 | | those terms are defined in the Mental Health and | 10 | | Developmental Disabilities Code and has received a | 11 | | certification by the clinical psychologist or | 12 | | physician that he or she: | 13 | | (1) is not a danger to himself, herself, or to | 14 | | others; | 15 | | (2) does not lack the mental capacity to manage | 16 | | his or her
own affairs; | 17 | | (3) is able to provide for his or her basic | 18 | | physical needs so as to guard himself or herself | 19 | | from serious harm without the assistance of family | 20 | | or others; and | 21 | | (4) does not have a state of mind manifested by | 22 | | violent, suicidal, threatening, or assaultive | 23 | | behavior that poses a clear and present danger to | 24 | | himself, herself, or to others at the time of the | 25 | | evaluation or in the future. | 26 | | The certification shall be submitted to the |
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| 1 | | Department of State Police by the applicant at the time | 2 | | of his or her application; and a mental health | 3 | | evaluation as provided in this item (xv) is also | 4 | | required when applying for renewal of a Firearm Owner's | 5 | | Identification Card; and
| 6 | | (3) Upon request by the Department of State Police, | 7 | | sign a release on a
form prescribed by the Department of | 8 | | State Police waiving any right to
confidentiality and | 9 | | requesting the disclosure to the Department of State Police
| 10 | | of limited mental health institution admission information | 11 | | from another state,
the District of Columbia, any other | 12 | | territory of the United States, or a
foreign nation | 13 | | concerning the applicant for the sole purpose of | 14 | | determining
whether the applicant is or was a patient in a | 15 | | mental health institution and
disqualified because of that | 16 | | status from receiving a Firearm Owner's
Identification | 17 | | Card. No mental health care or treatment records may be
| 18 | | requested. The information received shall be destroyed | 19 | | within one year of
receipt.
| 20 | | (a-5) Each applicant for a Firearm Owner's Identification | 21 | | Card who is over
the age of 18 shall furnish to the Department | 22 | | of State Police either his or
her Illinois driver's license | 23 | | number or Illinois Identification Card number, except as
| 24 | | provided in subsection (a-10).
| 25 | | (a-10) Each applicant for a Firearm Owner's Identification | 26 | | Card,
who is employed as a law enforcement officer, an armed |
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| 1 | | security officer in Illinois, or by the United States Military
| 2 | | permanently assigned in Illinois and who is not an Illinois | 3 | | resident, shall furnish to
the Department of State Police his | 4 | | or her driver's license number or state
identification card | 5 | | number from his or her state of residence. The Department
of | 6 | | State Police may promulgate rules to enforce the provisions of | 7 | | this
subsection (a-10).
| 8 | | (a-15) If an applicant applying for a Firearm Owner's | 9 | | Identification Card moves from the residence address named in | 10 | | the application, he or she shall immediately notify in a form | 11 | | and manner prescribed by the Department of State Police of that | 12 | | change of address. | 13 | | (a-20) Each applicant for a Firearm Owner's Identification | 14 | | Card shall furnish to the Department of State Police his or her | 15 | | photograph. An applicant who is 21 years of age or older | 16 | | seeking a religious exemption to the photograph requirement | 17 | | must furnish with the application an approved copy of United | 18 | | States Department of the Treasury Internal Revenue Service Form | 19 | | 4029. In lieu of a photograph, an applicant regardless of age | 20 | | seeking a religious exemption to the photograph requirement | 21 | | shall submit fingerprints on a form and manner prescribed by | 22 | | the Department with his or her application. | 23 | | (b) Each application form shall include the following | 24 | | statement printed in
bold type: "Warning: Entering false | 25 | | information on an application for a Firearm
Owner's | 26 | | Identification Card is punishable as a Class 2 felony in |
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| 1 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 2 | | Owners Identification Card
Act.".
| 3 | | (c) Upon such written consent, pursuant to Section 4, | 4 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 5 | | consent shall be liable for any
damages resulting from the | 6 | | applicant's use of firearms or firearm ammunition.
| 7 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 8 | | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 9 | | (Text of Section after amendment by P.A. 97-1167 ) | 10 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 11 | | Identification Card must:
| 12 | | (1) Make application on blank forms prepared and | 13 | | furnished at convenient
locations throughout the State by | 14 | | the Department of State Police, or by
electronic means, if | 15 | | and when made available by the Department of State
Police; | 16 | | and
| 17 | | (2) Submit evidence to the Department of State Police | 18 | | that:
| 19 | | (i) He or she is 21 years of age or over, or if he | 20 | | or she is under 21
years of age that he or she has the | 21 | | written consent of his or her parent or
legal guardian | 22 | | to possess and acquire firearms and firearm ammunition | 23 | | and that
he or she has never been convicted of a | 24 | | misdemeanor other than a traffic
offense or adjudged
| 25 | | delinquent, provided, however, that such parent or |
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| 1 | | legal guardian is not an
individual prohibited from | 2 | | having a Firearm Owner's Identification Card and
files | 3 | | an affidavit with the Department as prescribed by the | 4 | | Department
stating that he or she is not an individual | 5 | | prohibited from having a Card;
| 6 | | (ii) He or she has not been convicted of a felony | 7 | | under the laws of
this or any other jurisdiction;
| 8 | | (iii) He or she is not addicted to narcotics;
| 9 | | (iv) He or she has not been a patient in a mental | 10 | | institution within
the past 5 years;
| 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;
| 23 | | (xiv) He or she is a resident of the State of | 24 | | Illinois; and | 25 | | (xv) He or she has not been adjudicated as a mental | 26 | | defective; and |
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| 1 | | (xvi) He or she has received a mental health | 2 | | evaluation by a clinical psychologist or physician as | 3 | | those terms are defined in the Mental Health and | 4 | | Developmental Disabilities Code and has received a | 5 | | certification by the clinical psychologist or | 6 | | physician that he or she: | 7 | | (1) is not a danger to himself, herself, or to | 8 | | others; | 9 | | (2) does not lack the mental capacity to manage | 10 | | his or her
own affairs; | 11 | | (3) is able to provide for his or her basic | 12 | | physical needs so as to guard himself or herself | 13 | | from serious harm without the assistance of family | 14 | | or others; and | 15 | | (4) does not have a state of mind manifested by | 16 | | violent, suicidal, threatening, or assaultive | 17 | | behavior that poses a clear and present danger to | 18 | | himself, herself, or to others at the time of the | 19 | | evaluation or in the future. | 20 | | The certification shall be submitted to the | 21 | | Department of State Police by the applicant at the time | 22 | | of his or her application; and a mental health | 23 | | evaluation as provided in this item (xvi) is also | 24 | | required when applying for renewal of a Firearm Owner's | 25 | | Identification Card; and
| 26 | | (3) Upon request by the Department of State Police, |
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| 1 | | sign a release on a
form prescribed by the Department of | 2 | | State Police waiving any right to
confidentiality and | 3 | | requesting the disclosure to the Department of State Police
| 4 | | of limited mental health institution admission information | 5 | | from another state,
the District of Columbia, any other | 6 | | territory of the United States, or a
foreign nation | 7 | | concerning the applicant for the sole purpose of | 8 | | determining
whether the applicant is or was a patient in a | 9 | | mental health institution and
disqualified because of that | 10 | | status from receiving a Firearm Owner's
Identification | 11 | | Card. No mental health care or treatment records may be
| 12 | | requested. The information received shall be destroyed | 13 | | within one year of
receipt.
| 14 | | (a-5) Each applicant for a Firearm Owner's Identification | 15 | | Card who is over
the age of 18 shall furnish to the Department | 16 | | of State Police either his or
her Illinois driver's license | 17 | | number or Illinois Identification Card number, except as
| 18 | | provided in subsection (a-10).
| 19 | | (a-10) Each applicant for a Firearm Owner's Identification | 20 | | Card,
who is employed as a law enforcement officer, an armed | 21 | | security officer in Illinois, or by the United States Military
| 22 | | permanently assigned in Illinois and who is not an Illinois | 23 | | resident, shall furnish to
the Department of State Police his | 24 | | or her driver's license number or state
identification card | 25 | | number from his or her state of residence. The Department
of | 26 | | State Police may promulgate rules to enforce the provisions of |
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| 1 | | this
subsection (a-10).
| 2 | | (a-15) If an applicant applying for a Firearm Owner's | 3 | | Identification Card moves from the residence address named in | 4 | | the application, he or she shall immediately notify in a form | 5 | | and manner prescribed by the Department of State Police of that | 6 | | change of address. | 7 | | (a-20) Each applicant for a Firearm Owner's Identification | 8 | | Card shall furnish to the Department of State Police his or her | 9 | | photograph. An applicant who is 21 years of age or older | 10 | | seeking a religious exemption to the photograph requirement | 11 | | must furnish with the application an approved copy of United | 12 | | States Department of the Treasury Internal Revenue Service Form | 13 | | 4029. In lieu of a photograph, an applicant regardless of age | 14 | | seeking a religious exemption to the photograph requirement | 15 | | shall submit fingerprints on a form and manner prescribed by | 16 | | the Department with his or her application. | 17 | | (b) Each application form shall include the following | 18 | | statement printed in
bold type: "Warning: Entering false | 19 | | information on an application for a Firearm
Owner's | 20 | | Identification Card is punishable as a Class 2 felony in | 21 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 22 | | Owners Identification Card
Act.".
| 23 | | (c) Upon such written consent, pursuant to Section 4, | 24 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 25 | | consent shall be liable for any
damages resulting from the | 26 | | applicant's use of firearms or firearm ammunition.
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| 1 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | 2 | | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
| 3 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 4 | | (Text of Section before amendment by P.A. 97-1167 )
| 5 | | Sec. 8. The Department of State Police has authority to | 6 | | deny an
application for or to revoke and seize a Firearm | 7 | | Owner's Identification
Card previously issued under this Act | 8 | | only if the Department finds that the
applicant or the person | 9 | | to whom such card was issued is or was at the time
of issuance:
| 10 | | (a) A person under 21 years of age who has been convicted | 11 | | of a
misdemeanor other than a traffic offense or adjudged | 12 | | delinquent;
| 13 | | (b) A person under 21 years of age who does not have the | 14 | | written consent
of his parent or guardian to acquire and | 15 | | possess firearms and firearm
ammunition, or whose parent or | 16 | | guardian has revoked such written consent,
or where such parent | 17 | | or guardian does not qualify to have a Firearm Owner's
| 18 | | Identification Card;
| 19 | | (c) A person convicted of a felony under the laws of this | 20 | | or any other
jurisdiction;
| 21 | | (d) A person addicted to narcotics;
| 22 | | (e) A person who has been a patient of a mental institution | 23 | | within the
past 5 years or has been adjudicated as a mental | 24 | | defective;
| 25 | | (f) A person whose mental condition is of such a nature |
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| 1 | | that it poses
a clear and present danger to the applicant, any | 2 | | other person or persons or
the community;
| 3 | | For the purposes of this Section, "mental condition" means | 4 | | a state of
mind manifested by violent, suicidal, threatening or | 5 | | assaultive behavior.
| 6 | | (g) A person who is intellectually disabled;
| 7 | | (h) A person who intentionally makes a false statement in | 8 | | the Firearm
Owner's Identification Card application;
| 9 | | (i) An alien who is unlawfully present in
the United States | 10 | | under the laws of the United States;
| 11 | | (i-5) An alien who has been admitted to the United States | 12 | | under a
non-immigrant visa (as that term is defined in Section | 13 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 14 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 15 | | to any alien who has been lawfully admitted to
the United | 16 | | States under a non-immigrant visa if that alien is:
| 17 | | (1) admitted to the United States for lawful hunting or | 18 | | sporting purposes;
| 19 | | (2) an official representative of a foreign government | 20 | | who is:
| 21 | | (A) accredited to the United States Government or | 22 | | the Government's
mission to an international | 23 | | organization having its headquarters in the United
| 24 | | States; or
| 25 | | (B) en route to or from another country to which | 26 | | that alien is
accredited;
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| 1 | | (3) an official of a foreign government or | 2 | | distinguished foreign visitor
who has been so designated by | 3 | | the Department of State;
| 4 | | (4) a foreign law enforcement officer of a friendly | 5 | | foreign government
entering the United States on official | 6 | | business; or
| 7 | | (5) one who has received a waiver from the Attorney | 8 | | General of the United
States pursuant to 18 U.S.C. | 9 | | 922(y)(3);
| 10 | | (j) (Blank);
| 11 | | (k) A person who has been convicted within the past 5 years | 12 | | of battery,
assault, aggravated assault, violation of an order | 13 | | of protection, or a
substantially similar offense in another | 14 | | jurisdiction, in which a firearm was
used or possessed;
| 15 | | (l) A person who has been convicted of domestic battery, | 16 | | aggravated domestic battery, or a substantially
similar | 17 | | offense in another jurisdiction committed before, on or after | 18 | | January 1, 2012 (the effective date of Public Act 97-158). If | 19 | | the applicant or person who has been previously issued a | 20 | | Firearm Owner's Identification Card under this Act knowingly | 21 | | and intelligently waives the right to have an offense described | 22 | | in this paragraph (l) tried by a jury, and by guilty plea or | 23 | | otherwise, results in a conviction for an offense in which a | 24 | | domestic relationship is not a required element of the offense | 25 | | but in which a determination of the applicability of 18 U.S.C. | 26 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
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| 1 | | Criminal Procedure of 1963, an entry by the court of a judgment | 2 | | of conviction for that offense shall be grounds for denying an | 3 | | application for and for revoking and seizing a Firearm Owner's | 4 | | Identification Card previously issued to the person under this | 5 | | Act;
| 6 | | (m) (Blank);
| 7 | | (n) A person who is prohibited from acquiring or possessing
| 8 | | firearms or firearm ammunition by any Illinois State statute or | 9 | | by federal
law;
| 10 | | (o) A minor subject to a petition filed under Section 5-520 | 11 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 12 | | delinquent minor for
the commission of an offense that if | 13 | | committed by an adult would be a felony;
| 14 | | (p) An adult who had been adjudicated a delinquent minor | 15 | | under the Juvenile
Court Act of 1987 for the commission of an | 16 | | offense that if committed by an
adult would be a felony; or
| 17 | | (q) A person who is not a resident of the State of | 18 | | Illinois, except as provided in subsection (a-10) of Section 4 ; | 19 | | or . | 20 | | (r) A person who has received a mental health evaluation by | 21 | | a clinical psychologist or physician as those terms are defined | 22 | | in the Mental Health and Developmental Disabilities Code and | 23 | | the clinical psychologist or physician determines that the Card | 24 | | holder: | 25 | | (1) is a danger to himself, herself, or to | 26 | | others; |
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| 1 | | (2) lacks the mental capacity to manage his or | 2 | | her
own affairs; | 3 | | (3) is unable to provide for his or her basic | 4 | | physical needs so as to guard himself or herself | 5 | | from serious harm without the assistance of family | 6 | | or others; and | 7 | | (4) has a state of mind manifested by violent, | 8 | | suicidal, threatening, or assaultive behavior that | 9 | | poses a clear and present danger to himself, | 10 | | herself, or to others at the time of the evaluation | 11 | | or in the future. | 12 | | The clinical psychologist or physician shall, | 13 | | immediately after making the determination described | 14 | | in this subsection (r), forward that information to the | 15 | | Department of State Police. | 16 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 17 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| 18 | | (Text of Section after amendment by P.A. 97-1167 ) | 19 | | Sec. 8. The Department of State Police has authority to | 20 | | deny an
application for or to revoke and seize a Firearm | 21 | | Owner's Identification
Card previously issued under this Act | 22 | | only if the Department finds that the
applicant or the person | 23 | | to whom such card was issued is or was at the time
of issuance:
| 24 | | (a) A person under 21 years of age who has been convicted | 25 | | of a
misdemeanor other than a traffic offense or adjudged |
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| 1 | | delinquent;
| 2 | | (b) A person under 21 years of age who does not have the | 3 | | written consent
of his parent or guardian to acquire and | 4 | | possess firearms and firearm
ammunition, or whose parent or | 5 | | guardian has revoked such written consent,
or where such parent | 6 | | or guardian does not qualify to have a Firearm Owner's
| 7 | | Identification Card;
| 8 | | (c) A person convicted of a felony under the laws of this | 9 | | or any other
jurisdiction;
| 10 | | (d) A person addicted to narcotics;
| 11 | | (e) A person who has been a patient of a mental institution | 12 | | within the
past 5 years. An active law enforcement officer | 13 | | employed by a unit of government who is denied, revoked, or has | 14 | | his or her Firearm Owner's Identification Card seized under | 15 | | this subsection (e) may obtain relief as described in | 16 | | subsection (c-5) of Section 10 of this Act if the officer did | 17 | | not act in a manner threatening to the officer, another person, | 18 | | or the public as determined by the treating clinical | 19 | | psychologist or physician, and the officer seeks mental health | 20 | | treatment;
| 21 | | (f) A person whose mental condition is of such a nature | 22 | | that it poses
a clear and present danger to the applicant, any | 23 | | other person or persons or
the community;
| 24 | | For the purposes of this Section, "mental condition" means | 25 | | a state of
mind manifested by violent, suicidal, threatening or | 26 | | assaultive behavior.
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| 1 | | (g) A person who is intellectually disabled;
| 2 | | (h) A person who intentionally makes a false statement in | 3 | | the Firearm
Owner's Identification Card application;
| 4 | | (i) An alien who is unlawfully present in
the United States | 5 | | under the laws of the United States;
| 6 | | (i-5) An alien who has been admitted to the United States | 7 | | under a
non-immigrant visa (as that term is defined in Section | 8 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 9 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 10 | | to any alien who has been lawfully admitted to
the United | 11 | | States 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 | 7 | | of battery,
assault, aggravated assault, violation of an order | 8 | | of protection, or a
substantially similar offense in another | 9 | | jurisdiction, in which a firearm was
used or possessed;
| 10 | | (l) A person who has been convicted of domestic battery, | 11 | | aggravated domestic battery, or a substantially
similar | 12 | | offense in another jurisdiction committed before, on or after | 13 | | January 1, 2012 (the effective date of Public Act 97-158). If | 14 | | the applicant or person who has been previously issued a | 15 | | Firearm Owner's Identification Card under this Act knowingly | 16 | | and intelligently waives the right to have an offense described | 17 | | in this paragraph (l) tried by a jury, and by guilty plea or | 18 | | otherwise, results in a conviction for an offense in which a | 19 | | domestic relationship is not a required element of the offense | 20 | | but in which a determination of the applicability of 18 U.S.C. | 21 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 22 | | Criminal Procedure of 1963, an entry by the court of a judgment | 23 | | of conviction for that offense shall be grounds for denying an | 24 | | application for and for revoking and seizing a Firearm Owner's | 25 | | Identification Card previously issued to the person under this | 26 | | Act;
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| 1 | | (m) (Blank);
| 2 | | (n) A person who is prohibited from acquiring or possessing
| 3 | | firearms or firearm ammunition by any Illinois State statute or | 4 | | by federal
law;
| 5 | | (o) A minor subject to a petition filed under Section 5-520 | 6 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 7 | | delinquent minor for
the commission of an offense that if | 8 | | committed by an adult would be a felony;
| 9 | | (p) An adult who had been adjudicated a delinquent minor | 10 | | under the Juvenile
Court Act of 1987 for the commission of an | 11 | | offense that if committed by an
adult would be a felony;
| 12 | | (q) A person who is not a resident of the State of | 13 | | Illinois, except as provided in subsection (a-10) of Section 4; | 14 | | or | 15 | | (r) A person who has been adjudicated as a mental | 16 | | defective ; or . | 17 | | (s) A person who has received a mental health evaluation by | 18 | | a clinical psychologist or physician as those terms are defined | 19 | | in the Mental Health and Developmental Disabilities Code and | 20 | | the clinical psychologist or physician determines that the Card | 21 | | holder: | 22 | | (1) is a danger to himself, herself, or to | 23 | | others; | 24 | | (2) lacks the mental capacity to manage his or | 25 | | her
own affairs; | 26 | | (3) is unable to provide for his or her basic |
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| 1 | | physical needs so as to guard himself or herself | 2 | | from serious harm without the assistance of family | 3 | | or others; and | 4 | | (4) has a state of mind manifested by violent, | 5 | | suicidal, threatening, or assaultive behavior that | 6 | | poses a clear and present danger to himself, | 7 | | herself, or to others at the time of the evaluation | 8 | | or in the future. | 9 | | The clinical psychologist or physician shall, | 10 | | immediately after making the determination described | 11 | | in this subsection (s), forward that information to the | 12 | | Department of State Police. | 13 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | 14 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | 15 | | 97-1167, eff. 6-1-13.)
| 16 | | Section 811. The Mental Health and Developmental | 17 | | Disabilities Confidentiality Act is amended by changing | 18 | | Section 11 as follows:
| 19 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 20 | | Sec. 11. Disclosure of records and communications. Records | 21 | | and
communications may be disclosed:
| 22 | | (i) in accordance with the provisions of the
Abused and | 23 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 24 | | of the Children and Family Services Act, or Section 7.4 of |
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| 1 | | the Child Care Act of 1969;
| 2 | | (ii) when, and to the extent, a
therapist, in his or | 3 | | her sole discretion, determines that disclosure is
| 4 | | necessary to initiate or continue civil commitment or | 5 | | involuntary treatment proceedings under the laws
of this | 6 | | State or to otherwise protect the recipient or other person | 7 | | against a
clear, imminent risk of serious physical or | 8 | | mental injury or disease or death
being inflicted upon the | 9 | | recipient or by the recipient on himself or another;
| 10 | | (iii) when, and to the extent disclosure is, in the | 11 | | sole discretion of the
therapist, necessary to the | 12 | | provision of emergency medical care to a recipient
who is | 13 | | unable to assert or waive his or her rights hereunder;
| 14 | | (iv) when
disclosure is necessary to collect sums or | 15 | | receive third
party payment representing charges for | 16 | | mental health or developmental
disabilities services | 17 | | provided by a therapist or agency to a recipient
under | 18 | | Chapter V of the Mental Health and Developmental | 19 | | Disabilities Code or to
transfer debts under the | 20 | | Uncollected State Claims Act; however, disclosure
shall be | 21 | | limited to information needed to pursue collection, and the
| 22 | | information so disclosed shall not be used for any other | 23 | | purposes nor shall it
be redisclosed except in connection | 24 | | with collection activities;
| 25 | | (v) when
requested by a family member, the Department | 26 | | of Human Services may assist in
the location of the |
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| 1 | | interment site of a deceased recipient who is interred in a
| 2 | | cemetery established under Section 26 of the Mental Health | 3 | | and
Developmental Disabilities Administrative Act;
| 4 | | (vi) in judicial proceedings
under Article VIII of | 5 | | Chapter III and Article V of Chapter IV of the Mental
| 6 | | Health and Developmental Disabilities Code and proceedings | 7 | | and investigations
preliminary thereto, to the State's | 8 | | Attorney for the county or residence of a
person who is the | 9 | | subject of such proceedings, or in which the person is | 10 | | found,
or in which the facility is located, to the attorney | 11 | | representing the petitioner in the judicial proceedings, | 12 | | to the attorney representing the recipient
in the judicial | 13 | | proceedings, to any person or agency providing mental | 14 | | health
services that are the subject of the proceedings and | 15 | | to that person's or
agency's attorney, to any court | 16 | | personnel, including but not limited to judges
and circuit | 17 | | court clerks, and to a guardian ad litem if one has been | 18 | | appointed
by the court. Information disclosed under this | 19 | | subsection shall not be utilized
for any other purpose nor | 20 | | be redisclosed except in connection with the
proceedings or | 21 | | investigations. Copies of any records provided to counsel | 22 | | for a petitioner shall be deleted or destroyed at the end | 23 | | of the proceedings and counsel for petitioner shall certify | 24 | | to the court in writing that he or she has done so. At the | 25 | | request of a recipient or his or her counsel, the court | 26 | | shall issue a protective order insuring the |
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| 1 | | confidentiality of any records or communications provided | 2 | | to counsel for a petitioner;
| 3 | | (vii) when, and to the extent disclosure is
necessary | 4 | | to comply with the requirements of the Census Bureau in | 5 | | taking the
federal Decennial Census;
| 6 | | (viii) when, and to the extent, in the
therapist's sole | 7 | | discretion, disclosure is necessary to warn or protect a
| 8 | | specific individual against whom a recipient has made a | 9 | | specific threat of
violence where there exists a | 10 | | therapist-recipient relationship or a special
| 11 | | recipient-individual relationship;
| 12 | | (ix) in accordance with the Sex Offender
Registration | 13 | | Act;
| 14 | | (x) in accordance with the Rights of Crime Victims and
| 15 | | Witnesses Act; | 16 | | (xi) in accordance with Section 6 of the Abused and | 17 | | Neglected Long Term Care Facility Residents Reporting Act; | 18 | | and | 19 | | (xii) in accordance with Section 55 of the Abuse of | 20 | | Adults with Disabilities Intervention Act ; and | 21 | | (xiii) in accordance with clause (a)(2)(xv) of Section | 22 | | 4 and subsection (s) of Section 8 of the Firearm Owners | 23 | | Identification Card Act .
| 24 | | Any person, institution, or agency, under
this Act, | 25 | | participating in good faith in the making of a report under the
| 26 | | Abused and Neglected Child Reporting Act or in the disclosure |
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| 1 | | of records and
communications under this Section, shall have | 2 | | immunity from any liability,
civil, criminal or otherwise, that | 3 | | might result by reason of such action. For
the purpose of any | 4 | | proceeding, civil or criminal, arising out of a report or
| 5 | | disclosure under this Section, the good faith of any person, | 6 | | institution, or
agency so reporting or disclosing shall be | 7 | | presumed.
| 8 | | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; | 9 | | 97-375, eff. 8-15-11.)
| 10 | | Section 812. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act.".
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