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
3inserting the following in its proper numeric sequence:
 
4    "Section 810. 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    (Text of Section before amendment by P.A. 97-1167)
8    Sec. 4. (a) Each applicant for a Firearm Owner's
9Identification 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
21Card who is over the age of 18 shall furnish to the Department
22of State Police either his or her Illinois driver's license
23number or Illinois Identification Card number, except as
24provided in subsection (a-10).
25    (a-10) Each applicant for a Firearm Owner's Identification
26Card, who is employed as a law enforcement officer, an armed

 

 

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1security officer in Illinois, or by the United States Military
2permanently assigned in Illinois and who is not an Illinois
3resident, shall furnish to the Department of State Police his
4or her driver's license number or state identification card
5number from his or her state of residence. The Department of
6State Police may promulgate rules to enforce the provisions of
7this subsection (a-10).
8    (a-15) If an applicant applying for a Firearm Owner's
9Identification Card moves from the residence address named in
10the application, he or she shall immediately notify in a form
11and manner prescribed by the Department of State Police of that
12change of address.
13    (a-20) Each applicant for a Firearm Owner's Identification
14Card shall furnish to the Department of State Police his or her
15photograph. An applicant who is 21 years of age or older
16seeking a religious exemption to the photograph requirement
17must furnish with the application an approved copy of United
18States Department of the Treasury Internal Revenue Service Form
194029. In lieu of a photograph, an applicant regardless of age
20seeking a religious exemption to the photograph requirement
21shall submit fingerprints on a form and manner prescribed by
22the Department with his or her application.
23    (b) Each application form shall include the following
24statement printed in bold type: "Warning: Entering false
25information on an application for a Firearm Owner's
26Identification Card is punishable as a Class 2 felony in

 

 

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1accordance with subsection (d-5) of Section 14 of the Firearm
2Owners Identification Card Act.".
3    (c) Upon such written consent, pursuant to Section 4,
4paragraph (a)(2)(i), the parent or legal guardian giving the
5consent shall be liable for any damages resulting from the
6applicant'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,
8eff. 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
11Identification 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
15Card who is over the age of 18 shall furnish to the Department
16of State Police either his or her Illinois driver's license
17number or Illinois Identification Card number, except as
18provided in subsection (a-10).
19    (a-10) Each applicant for a Firearm Owner's Identification
20Card, who is employed as a law enforcement officer, an armed
21security officer in Illinois, or by the United States Military
22permanently assigned in Illinois and who is not an Illinois
23resident, shall furnish to the Department of State Police his
24or her driver's license number or state identification card
25number from his or her state of residence. The Department of
26State Police may promulgate rules to enforce the provisions of

 

 

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1this subsection (a-10).
2    (a-15) If an applicant applying for a Firearm Owner's
3Identification Card moves from the residence address named in
4the application, he or she shall immediately notify in a form
5and manner prescribed by the Department of State Police of that
6change of address.
7    (a-20) Each applicant for a Firearm Owner's Identification
8Card shall furnish to the Department of State Police his or her
9photograph. An applicant who is 21 years of age or older
10seeking a religious exemption to the photograph requirement
11must furnish with the application an approved copy of United
12States Department of the Treasury Internal Revenue Service Form
134029. In lieu of a photograph, an applicant regardless of age
14seeking a religious exemption to the photograph requirement
15shall submit fingerprints on a form and manner prescribed by
16the Department with his or her application.
17    (b) Each application form shall include the following
18statement printed in bold type: "Warning: Entering false
19information on an application for a Firearm Owner's
20Identification Card is punishable as a Class 2 felony in
21accordance with subsection (d-5) of Section 14 of the Firearm
22Owners Identification Card Act.".
23    (c) Upon such written consent, pursuant to Section 4,
24paragraph (a)(2)(i), the parent or legal guardian giving the
25consent shall be liable for any damages resulting from the
26applicant'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,
2eff. 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
6deny an application for or to revoke and seize a Firearm
7Owner's Identification Card previously issued under this Act
8only if the Department finds that the applicant or the person
9to 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
11of a misdemeanor other than a traffic offense or adjudged
12delinquent;
13    (b) A person under 21 years of age who does not have the
14written consent of his parent or guardian to acquire and
15possess firearms and firearm ammunition, or whose parent or
16guardian has revoked such written consent, or where such parent
17or guardian does not qualify to have a Firearm Owner's
18Identification Card;
19    (c) A person convicted of a felony under the laws of this
20or any other jurisdiction;
21    (d) A person addicted to narcotics;
22    (e) A person who has been a patient of a mental institution
23within the past 5 years or has been adjudicated as a mental
24defective;
25    (f) A person whose mental condition is of such a nature

 

 

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1that it poses a clear and present danger to the applicant, any
2other person or persons or the community;
3    For the purposes of this Section, "mental condition" means
4a state of mind manifested by violent, suicidal, threatening or
5assaultive behavior.
6    (g) A person who is intellectually disabled;
7    (h) A person who intentionally makes a false statement in
8the Firearm Owner's Identification Card application;
9    (i) An alien who is unlawfully present in the United States
10under the laws of the United States;
11    (i-5) An alien who has been admitted to the United States
12under a non-immigrant visa (as that term is defined in Section
13101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
141101(a)(26))), except that this subsection (i-5) does not apply
15to any alien who has been lawfully admitted to the United
16States 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
12of battery, assault, aggravated assault, violation of an order
13of protection, or a substantially similar offense in another
14jurisdiction, in which a firearm was used or possessed;
15    (l) A person who has been convicted of domestic battery,
16aggravated domestic battery, or a substantially similar
17offense in another jurisdiction committed before, on or after
18January 1, 2012 (the effective date of Public Act 97-158). If
19the applicant or person who has been previously issued a
20Firearm Owner's Identification Card under this Act knowingly
21and intelligently waives the right to have an offense described
22in this paragraph (l) tried by a jury, and by guilty plea or
23otherwise, results in a conviction for an offense in which a
24domestic relationship is not a required element of the offense
25but in which a determination of the applicability of 18 U.S.C.
26922(g)(9) is made under Section 112A-11.1 of the Code of

 

 

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1Criminal Procedure of 1963, an entry by the court of a judgment
2of conviction for that offense shall be grounds for denying an
3application for and for revoking and seizing a Firearm Owner's
4Identification Card previously issued to the person under this
5Act;
6    (m) (Blank);
7    (n) A person who is prohibited from acquiring or possessing
8firearms or firearm ammunition by any Illinois State statute or
9by federal law;
10    (o) A minor subject to a petition filed under Section 5-520
11of the Juvenile Court Act of 1987 alleging that the minor is a
12delinquent minor for the commission of an offense that if
13committed by an adult would be a felony;
14    (p) An adult who had been adjudicated a delinquent minor
15under the Juvenile Court Act of 1987 for the commission of an
16offense that if committed by an adult would be a felony; or
17    (q) A person who is not a resident of the State of
18Illinois, except as provided in subsection (a-10) of Section 4;
19or .
20    (r) A person who has received a mental health evaluation by
21a clinical psychologist or physician as those terms are defined
22in the Mental Health and Developmental Disabilities Code and
23the clinical psychologist or physician determines that the Card
24holder:
25                (1) is a danger to himself, herself, or to
26            others;

 

 

09800HB1155ham039- 19 -LRB098 08475 MRW 42942 a

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,
17eff. 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
20deny an application for or to revoke and seize a Firearm
21Owner's Identification Card previously issued under this Act
22only if the Department finds that the applicant or the person
23to 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
25of a misdemeanor other than a traffic offense or adjudged

 

 

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1delinquent;
2    (b) A person under 21 years of age who does not have the
3written consent of his parent or guardian to acquire and
4possess firearms and firearm ammunition, or whose parent or
5guardian has revoked such written consent, or where such parent
6or guardian does not qualify to have a Firearm Owner's
7Identification Card;
8    (c) A person convicted of a felony under the laws of this
9or any other jurisdiction;
10    (d) A person addicted to narcotics;
11    (e) A person who has been a patient of a mental institution
12within the past 5 years. An active law enforcement officer
13employed by a unit of government who is denied, revoked, or has
14his or her Firearm Owner's Identification Card seized under
15this subsection (e) may obtain relief as described in
16subsection (c-5) of Section 10 of this Act if the officer did
17not act in a manner threatening to the officer, another person,
18or the public as determined by the treating clinical
19psychologist or physician, and the officer seeks mental health
20treatment;
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;
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    (r) A person who has been adjudicated as a mental
16defective; or .
17    (s) A person who has received a mental health evaluation by
18a clinical psychologist or physician as those terms are defined
19in the Mental Health and Developmental Disabilities Code and
20the clinical psychologist or physician determines that the Card
21holder:
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,
14eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
1597-1167, eff. 6-1-13.)
 
16    Section 811. The Mental Health and Developmental
17Disabilities Confidentiality Act is amended by changing
18Section 11 as follows:
 
19    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
20    Sec. 11. Disclosure of records and communications. Records
21and 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,
25participating in good faith in the making of a report under the
26Abused and Neglected Child Reporting Act or in the disclosure

 

 

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1of records and communications under this Section, shall have
2immunity from any liability, civil, criminal or otherwise, that
3might result by reason of such action. For the purpose of any
4proceeding, civil or criminal, arising out of a report or
5disclosure under this Section, the good faith of any person,
6institution, or agency so reporting or disclosing shall be
7presumed.
8(Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11;
997-375, eff. 8-15-11.)
 
10    Section 812. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.".