Full Text of SB0836 99th General Assembly
SB0836eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Sections 6-103.2 and | 6 | | 6-103.3 as follows: | 7 | | (405 ILCS 5/6-103.2) | 8 | | Sec. 6-103.2. Developmental disability; notice. If For | 9 | | purposes of this Section, if a person 14 years old or older is | 10 | | determined to be developmentally disabled as defined in Section | 11 | | 1.1 of the Firearm Owners Identification Card Act by a | 12 | | physician, clinical psychologist, or qualified examiner, | 13 | | whether practicing at a public or by a private mental health | 14 | | facility or developmental disability facility, the physician, | 15 | | clinical psychologist, or qualified examiner shall notify the | 16 | | Department of Human Services within 7 days 24 hours of making | 17 | | the determination that the person has a developmental | 18 | | disability. The Department of Human Services shall immediately | 19 | | update its records and information relating to mental health | 20 | | and developmental disabilities, and if appropriate, shall | 21 | | notify the Department of State Police in a form and manner | 22 | | prescribed by the Department of State Police. Information | 23 | | disclosed under this Section shall remain privileged and |
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| 1 | | confidential, and shall not be redisclosed, except as required | 2 | | under subsection (e) of Section 3.1 of the Firearm Owners | 3 | | Identification Card Act, nor used for any other purpose. The | 4 | | method of providing this information shall guarantee that the | 5 | | information is not released beyond that which is necessary for | 6 | | the purpose of this Section and shall be provided by rule by | 7 | | the Department of Human Services. The identity of the person | 8 | | reporting under this Section shall not be disclosed to the | 9 | | subject of the report. | 10 | | The physician, clinical psychologist, or qualified | 11 | | examiner making the determination and his or her employer may | 12 | | not be held criminally, civilly, or professionally liable for | 13 | | making or not making the notification required under this | 14 | | Section, except for willful or wanton misconduct.
| 15 | | For purposes of this Section, "developmentally disabled" | 16 | | means a disability which is attributable to any other condition | 17 | | which results in impairment similar to that caused by an | 18 | | intellectual disability and which requires services similar to | 19 | | those required by intellectually disabled persons. The | 20 | | disability must originate before the age of 18 years, be | 21 | | expected to continue indefinitely, and constitute a | 22 | | substantial disability. This disability results in the | 23 | | professional opinion of a physician, clinical psychologist, or | 24 | | qualified examiner, in significant functional limitations in 3 | 25 | | or more of the following areas of major life activity: | 26 | | (i) self-care; |
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| 1 | | (ii) receptive and expressive language; | 2 | | (iii) learning; | 3 | | (iv) mobility; or | 4 | | (v) self-direction. | 5 | | "Determined to be developmentally disabled by a physician, | 6 | | clinical psychologist, or qualified examiner" means in the | 7 | | professional opinion of the physician, clinical psychologist, | 8 | | or qualified examiner, a person is diagnosed, assessed, or | 9 | | evaluated to be developmentally disabled. | 10 | | (Source: P.A. 98-63, eff. 7-9-13.) | 11 | | (405 ILCS 5/6-103.3) | 12 | | Sec. 6-103.3. Clear and present danger; notice. If a person | 13 | | is determined to pose a clear and present danger to himself, | 14 | | herself, or to others by a physician, clinical psychologist, or | 15 | | qualified examiner, whether employed by the State, by any | 16 | | public or private mental health facility or part thereof, or by | 17 | | a law enforcement official or a school administrator, then the | 18 | | physician, clinical psychologist, qualified examiner shall | 19 | | notify the Department of Human Services and a law enforcement | 20 | | official or school administrator shall notify the Department of | 21 | | State Police, within 24 hours of making the determination that | 22 | | the person poses a clear and present danger. The Department of | 23 | | Human Services shall immediately update its records and | 24 | | information relating to mental health and developmental | 25 | | disabilities, and if appropriate, shall notify the Department |
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| 1 | | of State Police in a form and manner prescribed by the | 2 | | Department of State Police. Information disclosed under this | 3 | | Section shall remain privileged and confidential, and shall not | 4 | | be redisclosed, except as required under subsection (e) of | 5 | | Section 3.1 of the Firearm Owners Identification Card Act, nor | 6 | | used for any other purpose. The method of providing this | 7 | | information shall guarantee that the information is not | 8 | | released beyond that which is necessary for the purpose of this | 9 | | Section and shall be provided by rule by the Department of | 10 | | Human Services. The identity of the person reporting under this | 11 | | Section shall not be disclosed to the subject of the report. | 12 | | The physician, clinical psychologist, qualified examiner, law | 13 | | enforcement official, or school administrator making the | 14 | | determination and his or her employer shall not be held | 15 | | criminally, civilly, or professionally liable for making or not | 16 | | making the notification required under this Section, except for | 17 | | willful or wanton misconduct. This Section does not apply to a | 18 | | law enforcement official, if making the notification under this | 19 | | Section will interfere with an ongoing or pending criminal | 20 | | investigation. | 21 | | For the purposes of this Section: | 22 | | "Clear and present danger" has the meaning ascribed to | 23 | | it in Section 1.1 of the Firearm Owners Identification Card | 24 | | Act. | 25 | | "Determined to pose a clear and present danger to | 26 | | himself, herself, or to others by a physician, clinical |
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| 1 | | psychologist, or qualified examiner" means in the | 2 | | professional opinion of the physician, clinical | 3 | | psychologist, or qualified examiner, a person poses a clear | 4 | | and present danger. | 5 | | "School administrator" means the person required to | 6 | | report under the School Administrator Reporting of Mental | 7 | | Health Clear and Present Danger Determinations Law.
| 8 | | (Source: P.A. 98-63, eff. 7-9-13.) | 9 | | Section 10. The Firearm Owners Identification Card Act is | 10 | | amended by changing Sections 1.1 and 10 as follows:
| 11 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 12 | | Sec. 1.1. For purposes of this Act:
| 13 | | "Addicted to narcotics" means a person who has been: | 14 | | (1) convicted of an offense involving the use or | 15 | | possession of cannabis, a controlled substance, or | 16 | | methamphetamine within the past year; or | 17 | | (2) determined by the Department of State Police to be | 18 | | addicted to narcotics based upon federal law or federal | 19 | | guidelines. | 20 | | "Addicted to narcotics" does not include possession or use | 21 | | of a prescribed controlled substance under the direction and | 22 | | authority of a physician or other person authorized to | 23 | | prescribe the controlled substance when the controlled | 24 | | substance is used in the prescribed manner. |
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| 1 | | "Adjudicated as a mentally disabled person" means the | 2 | | person is the subject of a determination by a court, board, | 3 | | commission or other lawful authority that the person, as a | 4 | | result of marked subnormal intelligence, or mental illness, | 5 | | mental impairment, incompetency, condition, or disease: | 6 | | (1) presents a clear and present danger to himself, | 7 | | herself, or to others; | 8 | | (2) lacks the mental capacity to manage his or her own | 9 | | affairs or is adjudicated a disabled person as defined in | 10 | | Section 11a-2 of the Probate Act of 1975; | 11 | | (3) is not guilty in a criminal case by reason of | 12 | | insanity, mental disease or defect; | 13 | | (3.5) is guilty but mentally ill, as provided in | 14 | | Section 5-2-6 of the Unified Code of Corrections; | 15 | | (4) is incompetent to stand trial in a criminal case; | 16 | | (5) is not guilty by reason of lack of mental | 17 | | responsibility under Articles 50a and 72b of the Uniform | 18 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 19 | | (6) is a sexually violent person under subsection (f) | 20 | | of Section 5 of the Sexually Violent Persons Commitment | 21 | | Act; | 22 | | (7) is a sexually dangerous person under the Sexually | 23 | | Dangerous Persons Act; | 24 | | (8) is unfit to stand trial under the Juvenile Court | 25 | | Act of 1987; | 26 | | (9) is not guilty by reason of insanity under the |
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| 1 | | Juvenile Court Act of 1987; | 2 | | (10) is subject to involuntary admission as an | 3 | | inpatient as defined in Section 1-119 of the Mental Health | 4 | | and Developmental Disabilities Code; | 5 | | (11) is subject to involuntary admission as an | 6 | | outpatient as defined in Section 1-119.1 of the Mental | 7 | | Health and Developmental Disabilities Code; | 8 | | (12) is subject to judicial admission as set forth in | 9 | | Section 4-500 of the Mental Health and Developmental | 10 | | Disabilities Code; or | 11 | | (13) is subject to the provisions of the Interstate | 12 | | Agreements on Sexually Dangerous Persons Act. | 13 | | "Clear and present danger" means a person who: | 14 | | (1) communicates a serious threat of physical violence | 15 | | against a reasonably identifiable victim or poses a clear | 16 | | and imminent risk of serious physical injury to himself, | 17 | | herself, or another person as determined by a physician, | 18 | | clinical psychologist, or qualified examiner; or | 19 | | (2) demonstrates threatening physical or verbal | 20 | | behavior, such as violent, suicidal, or assaultive | 21 | | threats, actions, or other behavior, as determined by a | 22 | | physician, clinical psychologist, qualified examiner, | 23 | | school administrator, or law enforcement official. | 24 | | "Clinical psychologist" has the meaning provided in | 25 | | Section 1-103 of the Mental Health and Developmental | 26 | | Disabilities Code. |
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| 1 | | "Controlled substance" means a controlled substance or | 2 | | controlled substance analog as defined in the Illinois | 3 | | Controlled Substances Act. | 4 | | "Counterfeit" means to copy or imitate, without legal | 5 | | authority, with
intent
to deceive. | 6 | | "Developmentally disabled" means a disability which is | 7 | | attributable to any other condition which results in impairment | 8 | | similar to that caused by an intellectual disability and which | 9 | | requires services similar to those required by intellectually | 10 | | disabled persons. The disability must originate before the age | 11 | | of 18
years, be expected to continue indefinitely, and | 12 | | constitute a substantial disability handicap . | 13 | | This disability results in the professional opinion of a | 14 | | physician, clinical psychologist, or qualified examiner, in | 15 | | significant functional limitations in 3 or more of the | 16 | | following areas of major life activity: | 17 | | (i) self-care; | 18 | | (ii) receptive and expressive language; | 19 | | (iii) learning; | 20 | | (iv) mobility; or | 21 | | (v) self-direction. | 22 | | "Federally licensed firearm dealer" means a person who is | 23 | | licensed as a federal firearms dealer under Section 923 of the | 24 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 25 | | "Firearm" means any device, by
whatever name known, which | 26 | | is designed to expel a projectile or projectiles
by the action |
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| 1 | | of an explosion, expansion of gas or escape of gas; excluding,
| 2 | | however:
| 3 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 4 | | B-B gun which
expels a single globular projectile not | 5 | | exceeding .18 inch in
diameter or which has a maximum | 6 | | muzzle velocity of less than 700 feet
per second;
| 7 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 8 | | B-B gun which expels breakable paint balls containing | 9 | | washable marking colors;
| 10 | | (2) any device used exclusively for signalling or | 11 | | safety and required or
recommended by the United States | 12 | | Coast Guard or the Interstate Commerce
Commission;
| 13 | | (3) any device used exclusively for the firing of stud | 14 | | cartridges,
explosive rivets or similar industrial | 15 | | ammunition; and
| 16 | | (4) an antique firearm (other than a machine-gun) | 17 | | which, although
designed as a weapon, the Department of | 18 | | State Police finds by reason of
the date of its | 19 | | manufacture, value, design, and other characteristics is
| 20 | | primarily a collector's item and is not likely to be used | 21 | | as a weapon.
| 22 | | "Firearm ammunition" means any self-contained cartridge or | 23 | | shotgun
shell, by whatever name known, which is designed to be | 24 | | used or adaptable to
use in a firearm; excluding, however:
| 25 | | (1) any ammunition exclusively designed for use with a | 26 | | device used
exclusively for signalling or safety and |
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| 1 | | required or recommended by the
United States Coast Guard or | 2 | | the Interstate Commerce Commission; and
| 3 | | (2) any ammunition designed exclusively for use with a | 4 | | stud or rivet
driver or other similar industrial | 5 | | ammunition. | 6 | | "Gun show" means an event or function: | 7 | | (1) at which the sale and transfer of firearms is the | 8 | | regular and normal course of business and where 50 or more | 9 | | firearms are displayed, offered, or exhibited for sale, | 10 | | transfer, or exchange; or | 11 | | (2) at which not less than 10 gun show vendors display, | 12 | | offer, or exhibit for sale, sell, transfer, or exchange | 13 | | firearms.
| 14 | | "Gun show" includes the entire premises provided for an | 15 | | event or function, including parking areas for the event or | 16 | | function, that is sponsored to facilitate the purchase, sale, | 17 | | transfer, or exchange of firearms as described in this Section.
| 18 | | "Gun show" does not include training or safety classes, | 19 | | competitive shooting events, such as rifle, shotgun, or handgun | 20 | | matches, trap, skeet, or sporting clays shoots, dinners, | 21 | | banquets, raffles, or
any other event where the sale or | 22 | | transfer of firearms is not the primary course of business. | 23 | | "Gun show promoter" means a person who organizes or | 24 | | operates a gun show. | 25 | | "Gun show vendor" means a person who exhibits, sells, | 26 | | offers for sale, transfers, or exchanges any firearms at a gun |
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| 1 | | show, regardless of whether the person arranges with a gun show | 2 | | promoter for a fixed location from which to exhibit, sell, | 3 | | offer for sale, transfer, or exchange any firearm. | 4 | | "Intellectually disabled" means significantly subaverage | 5 | | general intellectual functioning which exists concurrently | 6 | | with impairment in adaptive behavior and which originates | 7 | | before the age of 18 years. | 8 | | "Involuntarily admitted" has the meaning as prescribed in | 9 | | Sections 1-119 and 1-119.1 of the Mental Health and | 10 | | Developmental Disabilities Code. | 11 | | "Mental health facility" means any licensed private | 12 | | hospital or hospital affiliate, institution, or facility, or | 13 | | part thereof, and any facility, or part thereof, operated by | 14 | | the State or a political subdivision thereof which provide | 15 | | treatment of persons with mental illness and includes all | 16 | | hospitals, institutions, clinics, evaluation facilities, | 17 | | mental health centers, colleges, universities, long-term care | 18 | | facilities, and nursing homes, or parts thereof, which provide | 19 | | treatment of persons with mental illness whether or not the | 20 | | primary purpose is to provide treatment of persons with mental | 21 | | illness. | 22 | | "Patient" means: | 23 | | (1) a person who voluntarily receives mental health | 24 | | treatment as an in-patient or resident of any public or | 25 | | private mental health facility, unless the treatment was | 26 | | solely for an alcohol abuse disorder and no other secondary |
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| 1 | | substance abuse disorder or mental illness; or | 2 | | (2) a person who voluntarily receives mental health | 3 | | treatment as an out-patient or is provided services by a | 4 | | public or private mental health facility, and who poses a | 5 | | clear and present danger to himself, herself, or to others. | 6 | | "Physician" has the meaning as defined in Section 1-120 of | 7 | | the Mental Health and Developmental Disabilities Code. | 8 | | "Qualified examiner" has the meaning provided in Section | 9 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 10 | | "Sanctioned competitive shooting event" means a shooting | 11 | | contest officially recognized by a national or state shooting | 12 | | sport association, and includes any sight-in or practice | 13 | | conducted in conjunction with the event.
| 14 | | "School administrator" means the person required to report | 15 | | under the School Administrator Reporting of Mental Health Clear | 16 | | and Present Danger Determinations Law. | 17 | | "Stun gun or taser" has the meaning ascribed to it in | 18 | | Section 24-1 of the Criminal Code of 2012. | 19 | | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | 20 | | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| 21 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 22 | | Sec. 10. Appeal to director; hearing; relief from firearm | 23 | | prohibitions. | 24 | | (a) Whenever an application for a Firearm Owner's | 25 | | Identification
Card is denied, whenever the Department fails to |
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| 1 | | act on an application
within 30 days of its receipt, or | 2 | | whenever such a Card is revoked or seized
as provided for in | 3 | | Section 8 of this Act, the aggrieved party may
appeal
to the | 4 | | Director of State Police for a hearing upon
such denial, | 5 | | revocation or seizure, unless the denial, revocation, or | 6 | | seizure
was based upon a forcible felony, stalking, aggravated | 7 | | stalking, domestic
battery, any violation of the Illinois | 8 | | Controlled Substances Act, the Methamphetamine Control and | 9 | | Community Protection Act, or the
Cannabis Control Act that is | 10 | | classified as a Class 2 or greater felony,
any
felony violation | 11 | | of Article 24 of the Criminal Code of 1961 or the Criminal Code | 12 | | of 2012, or any
adjudication as a delinquent minor for the | 13 | | commission of an
offense that if committed by an adult would be | 14 | | a felony, in which case the
aggrieved party may petition the | 15 | | circuit court in writing in the county of
his or her residence | 16 | | for a hearing upon such denial, revocation, or seizure.
| 17 | | (b) At least 30 days before any hearing in the circuit | 18 | | court, the
petitioner shall serve the
relevant State's Attorney | 19 | | with a copy of the petition. The State's Attorney
may object to | 20 | | the petition and present evidence. At the hearing the court
| 21 | | shall
determine whether substantial justice has been done. | 22 | | Should the court
determine that substantial justice has not | 23 | | been done, the court shall issue an
order directing the | 24 | | Department of State Police to issue a Card. However, the court | 25 | | shall not issue the order if the petitioner is otherwise | 26 | | prohibited from obtaining, possessing, or using a firearm under
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| 1 | | federal law.
| 2 | | (c) Any person prohibited from possessing a firearm under | 3 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | 4 | | acquiring a Firearm Owner's
Identification Card under Section 8 | 5 | | of this Act may apply to
the Director
of State Police
or | 6 | | petition the circuit court in the county where the petitioner | 7 | | resides,
whichever is applicable in accordance with subsection | 8 | | (a) of this Section,
requesting relief
from such prohibition | 9 | | and the Director or court may grant such relief if it
is
| 10 | | established by the applicant to the court's or Director's | 11 | | satisfaction
that:
| 12 | | (0.05) when in the circuit court, the State's Attorney | 13 | | has been served
with a written
copy of the
petition at | 14 | | least 30 days before any such hearing in the circuit court | 15 | | and at
the hearing the
State's Attorney was afforded an | 16 | | opportunity to present evidence and object to
the petition;
| 17 | | (1) the applicant has not been convicted of a forcible | 18 | | felony under the
laws of this State or any other | 19 | | jurisdiction within 20 years of the
applicant's | 20 | | application for a Firearm Owner's Identification Card, or | 21 | | at
least 20 years have passed since the end of any period | 22 | | of imprisonment
imposed in relation to that conviction;
| 23 | | (2) the circumstances regarding a criminal conviction, | 24 | | where applicable,
the applicant's criminal history and his | 25 | | reputation are such that the applicant
will not be likely | 26 | | to act in a manner dangerous to public safety;
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| 1 | | (3) granting relief would not be contrary to the public | 2 | | interest; and | 3 | | (4) granting relief would not be contrary to federal | 4 | | law.
| 5 | | (c-5) (1) An active law enforcement officer employed by a | 6 | | unit of government, who is denied, revoked, or has his or her | 7 | | Firearm Owner's Identification Card seized under subsection | 8 | | (e) of Section 8 of this Act may apply to the Director of State | 9 | | Police requesting relief if the officer did not act in a manner | 10 | | threatening to the officer, another person, or the public as | 11 | | determined by the treating clinical psychologist or physician, | 12 | | and as a result of his or her work is referred by the employer | 13 | | for or voluntarily seeks mental health evaluation or treatment | 14 | | by a licensed clinical psychologist, psychiatrist, or | 15 | | qualified examiner, and: | 16 | | (A) the officer has not received treatment | 17 | | involuntarily at a mental health facility, regardless of | 18 | | the length of admission; or has not been voluntarily | 19 | | admitted to a mental health facility for more than 30 days | 20 | | and not for more than one incident within the past 5 years; | 21 | | and | 22 | | (B) the officer has not left the mental institution | 23 | | against medical advice. | 24 | | (2) The Director of State Police shall grant expedited | 25 | | relief to active law enforcement officers described in | 26 | | paragraph (1) of this subsection (c-5) upon a determination by |
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| 1 | | the Director that the officer's possession of a firearm does | 2 | | not present a threat to themselves, others, or public safety. | 3 | | The Director shall act on the request for relief within 30 | 4 | | business days of receipt of: | 5 | | (A) a notarized statement from the officer in the form | 6 | | prescribed by the Director detailing the circumstances | 7 | | that led to the hospitalization; | 8 | | (B) all documentation regarding the admission, | 9 | | evaluation, treatment and discharge from the treating | 10 | | licensed clinical psychologist or psychiatrist of the | 11 | | officer; | 12 | | (C) a psychological fitness for duty evaluation of the | 13 | | person completed after the time of discharge; and | 14 | | (D) written confirmation in the form prescribed by the | 15 | | Director from the treating licensed clinical psychologist | 16 | | or psychiatrist that the provisions set forth in paragraph | 17 | | (1) of this subsection (c-5) have been met, the person | 18 | | successfully completed treatment, and their professional | 19 | | opinion regarding the person's ability to possess | 20 | | firearms. | 21 | | (3) Officers eligible for the expedited relief in paragraph | 22 | | (2) of this subsection (c-5) have the burden of proof on | 23 | | eligibility and must provide all information required. The | 24 | | Director may not consider granting expedited relief until the | 25 | | proof and information is received. | 26 | | (4) "Clinical psychologist", "psychiatrist", and |
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| 1 | | "qualified examiner" shall have the same meaning as provided in | 2 | | Chapter I 1 of the Mental Health and Developmental Disabilities | 3 | | Code. | 4 | | (c-10) (1) An applicant, who is denied, revoked, or has his | 5 | | or her Firearm Owner's Identification Card seized under | 6 | | subsection (e) of Section 8 of this Act based upon a | 7 | | determination of a developmental disability or an intellectual | 8 | | disability may apply to the Director of State Police requesting | 9 | | relief. | 10 | | (2) The Director shall act on the request for relief within | 11 | | 60 business days of receipt of written certification, in the | 12 | | form prescribed by the Director, from a physician or clinical | 13 | | psychologist, or qualified examiner, that the aggrieved | 14 | | party's developmental disability or intellectual disability | 15 | | condition is determined by a physician, clinical psychologist, | 16 | | or qualified to be mild. If a fact-finding conference is | 17 | | scheduled to obtain additional information concerning the | 18 | | circumstances of the denial or revocation, the 60 business days | 19 | | the Director has to act shall be tolled until the completion of | 20 | | the fact-finding conference. | 21 | | (3) The Director may grant relief if the aggrieved party's | 22 | | developmental disability or intellectual disability is mild as | 23 | | determined by a physician, clinical psychologist, or qualified | 24 | | examiner and it is established by the applicant to the | 25 | | Director's satisfaction that: | 26 | | (A) granting relief would not be contrary to the public |
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| 1 | | interest; and | 2 | | (B) granting relief would not be contrary to federal | 3 | | law. | 4 | | (4) The Director may not grant relief if the condition is | 5 | | determined by a physician, clinical psychologist, or qualified | 6 | | examiner to be moderate, severe, or profound. | 7 | | (d) When a minor is adjudicated delinquent for an offense | 8 | | which if
committed by an adult would be a felony, the court | 9 | | shall notify the Department
of State Police.
| 10 | | (e) The court shall review the denial of an application or | 11 | | the revocation of
a Firearm Owner's Identification Card of a | 12 | | person who has been adjudicated
delinquent for an offense that | 13 | | if
committed by an adult would be a felony if an
application | 14 | | for relief has been filed at least 10 years after the | 15 | | adjudication
of delinquency and the court determines that the | 16 | | applicant should be
granted relief from disability to obtain a | 17 | | Firearm Owner's Identification Card.
If the court grants | 18 | | relief, the court shall notify the Department of State
Police | 19 | | that the disability has
been removed and that the applicant is | 20 | | eligible to obtain a Firearm Owner's
Identification Card.
| 21 | | (f) Any person who is subject to the disabilities of 18 | 22 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | 23 | | of 1968 because of an adjudication or commitment that occurred | 24 | | under the laws of this State or who was determined to be | 25 | | subject to the provisions of subsections (e), (f), or (g) of | 26 | | Section 8 of this Act may apply to the Department of State |
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| 1 | | Police requesting relief from that prohibition. The Director | 2 | | shall grant the relief if it is established by a preponderance | 3 | | of the evidence that the person will not be likely to act in a | 4 | | manner dangerous to public safety and that granting relief | 5 | | would not be contrary to the public interest. In making this | 6 | | determination, the Director shall receive evidence concerning | 7 | | (i) the circumstances regarding the firearms disabilities from | 8 | | which relief is sought; (ii) the petitioner's mental health and | 9 | | criminal history records, if any; (iii) the petitioner's | 10 | | reputation, developed at a minimum through character witness | 11 | | statements, testimony, or other character evidence; and (iv) | 12 | | changes in the petitioner's condition or circumstances since | 13 | | the disqualifying events relevant to the relief sought. If | 14 | | relief is granted under this subsection or by order of a court | 15 | | under this Section, the Director shall as soon as practicable | 16 | | but in no case later than 15 business days, update, correct, | 17 | | modify, or remove the person's record in any database that the | 18 | | Department of State Police makes available to the National | 19 | | Instant Criminal Background Check System and notify the United | 20 | | States Attorney General that the basis for the record being | 21 | | made available no longer applies. The Department of State | 22 | | Police shall adopt rules for the administration of this | 23 | | Section. | 24 | | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13; | 25 | | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
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| 1 | | Section 15. The Mental Health and Developmental | 2 | | Disabilities Confidentiality Act is amended by changing | 3 | | Section 12 as follows:
| 4 | | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| 5 | | Sec. 12. (a) If the United States Secret Service or the | 6 | | Department of
State Police requests information from a mental | 7 | | health or developmental
disability facility, as defined in | 8 | | Section 1-107 and 1-114 of the Mental
Health and Developmental | 9 | | Disabilities Code, relating to a specific
recipient and the | 10 | | facility director determines that disclosure of such
| 11 | | information may be necessary to protect the life of, or to | 12 | | prevent
the infliction of great bodily harm to, a public | 13 | | official,
or a person under the protection of the United
States | 14 | | Secret Service, only the following information
may be | 15 | | disclosed: the recipient's name, address, and age and the date | 16 | | of
any admission to or discharge from a facility; and any | 17 | | information which
would indicate whether or not the recipient | 18 | | has a history of violence or
presents a danger of violence to | 19 | | the person under protection. Any information
so disclosed shall | 20 | | be used for investigative purposes only and shall not
be | 21 | | publicly disseminated.
Any person participating in good faith | 22 | | in the disclosure of such
information in accordance with this | 23 | | provision shall have immunity from any
liability, civil, | 24 | | criminal or otherwise, if such information is disclosed
relying | 25 | | upon the representation of an officer of the United States |
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| 1 | | Secret
Service or the Department of State Police that a person | 2 | | is under the
protection of the United States Secret Service or | 3 | | is a public official.
| 4 | | For the purpose of this subsection (a), the term "public | 5 | | official" means
the Governor, Lieutenant Governor, Attorney | 6 | | General, Secretary of State,
State Comptroller, State | 7 | | Treasurer, member of the General Assembly, member of the United | 8 | | States Congress, Judge of the United States as defined in 28 | 9 | | U.S.C. 451, Justice of the United States as defined in 28 | 10 | | U.S.C. 451, United States Magistrate Judge as defined in 28 | 11 | | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | 12 | | Supreme, Appellate, Circuit, or Associate Judge of the State of | 13 | | Illinois. The
term shall also include the spouse, child or | 14 | | children of a public official.
| 15 | | (b) The Department of Human Services (acting as successor | 16 | | to the
Department of Mental Health and Developmental | 17 | | Disabilities) and all
public or private hospitals and mental | 18 | | health facilities are required, as hereafter described in this | 19 | | subsection,
to furnish the Department of State Police only such | 20 | | information as may
be required for the sole purpose of | 21 | | determining whether an individual who
may be or may have been a | 22 | | patient is disqualified because of that status
from receiving | 23 | | or retaining a Firearm Owner's Identification Card or falls | 24 | | within the federal prohibitors under subsection (e), (f), (g), | 25 | | (r), (s), or (t) of Section 8 of the Firearm Owners | 26 | | Identification Card Act, or falls within the federal |
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| 1 | | prohibitors in 18 U.S.C. 922(g) and (n). All physicians, | 2 | | clinical psychologists, or qualified examiners at public or | 3 | | private mental health facilities or parts thereof as defined in | 4 | | this subsection shall, in the form and manner required
by the | 5 | | Department, provide notice directly to the Department of Human | 6 | | Services, or to his or her employer who shall then report to | 7 | | the Department, within 24 hours after determining that a person | 8 | | patient as described in clause (2) of the definition of | 9 | | "patient" in Section 1.1 of the Firearm Owners Identification | 10 | | Card Act poses a clear and present danger to himself, herself, | 11 | | or others, or within 7 days after a person 14 years or older is | 12 | | determined to be developmentally disabled by a physician, | 13 | | clinical psychologist, or qualified examiner as described in | 14 | | Section 1.1 of the Firearm Owners Identification Card Act . If a | 15 | | person is a patient as described in clause (1) of the | 16 | | definition of "patient" in Section 1.1 of the Firearm Owners | 17 | | Identification Card Act, this This information shall be | 18 | | furnished within 24 hours after the physician, clinical | 19 | | psychologist, or qualified examiner has made a determination, | 20 | | or within 7 days after
admission to a public or private | 21 | | hospital or mental health facility or the provision of services | 22 | | to a patient described in clause (1) of the definition of | 23 | | "patient" in Section 1.1 of the Firearm Owners Identification | 24 | | Card Act . Any such information disclosed under
this subsection | 25 | | shall
remain privileged and confidential, and shall not be | 26 | | redisclosed, except as required by subsection (e) of Section |
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| 1 | | 3.1 of the Firearm Owners Identification Card Act, nor utilized
| 2 | | for any other purpose. The method of requiring the providing of | 3 | | such
information shall guarantee that no information is | 4 | | released beyond what
is necessary for this purpose. In | 5 | | addition, the information disclosed
shall be provided
by the | 6 | | Department within the time period established by Section 24-3 | 7 | | of the
Criminal Code of 2012 regarding the delivery of | 8 | | firearms. The method used
shall be sufficient to provide the | 9 | | necessary information within the
prescribed time period, which | 10 | | may include periodically providing
lists to the Department of | 11 | | Human Services
or any public or private hospital or mental | 12 | | health facility of Firearm Owner's Identification Card | 13 | | applicants
on which the Department or hospital shall indicate | 14 | | the identities of those
individuals who are to its knowledge | 15 | | disqualified from having a Firearm
Owner's Identification Card | 16 | | for reasons described herein. The Department
may provide for a | 17 | | centralized source
of information for the State on this subject | 18 | | under its jurisdiction. The identity of the person reporting | 19 | | under this subsection shall not be disclosed to the subject of | 20 | | the report. For the purposes of this subsection, the physician, | 21 | | clinical psychologist, or qualified examiner making the | 22 | | determination and his or her employer shall not be held | 23 | | criminally, civilly, or professionally liable for making or not | 24 | | making the notification required under this subsection, except | 25 | | for willful or wanton misconduct.
| 26 | | Any person, institution, or agency, under this Act, |
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| 1 | | participating in
good faith in the reporting or disclosure of | 2 | | records and communications
otherwise in accordance with this | 3 | | provision or with rules, regulations or
guidelines issued by | 4 | | the Department shall have immunity from any
liability, civil, | 5 | | criminal or otherwise, that might result by reason of the
| 6 | | action. For the purpose of any proceeding, civil or criminal,
| 7 | | arising out of a report or disclosure in accordance with this | 8 | | provision,
the good faith of any person,
institution, or agency | 9 | | so reporting or disclosing shall be presumed. The
full extent | 10 | | of the immunity provided in this subsection (b) shall apply to
| 11 | | any person, institution or agency that fails to make a report | 12 | | or disclosure
in the good faith belief that the report or | 13 | | disclosure would violate
federal regulations governing the | 14 | | confidentiality of alcohol and drug abuse
patient records | 15 | | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| 16 | | For purposes of this subsection (b) only, the following | 17 | | terms shall have
the meaning prescribed:
| 18 | | (1) (Blank).
| 19 | | (1.3) "Clear and present danger" has the meaning as | 20 | | defined in Section 1.1 of the Firearm Owners Identification | 21 | | Card Act. | 22 | | (1.5) "Developmentally disabled" has the meaning as | 23 | | defined in Section 1.1 of the Firearm Owners Identification | 24 | | Card Act.
| 25 | | (2) "Patient" has the meaning as defined in Section 1.1 | 26 | | of the Firearm Owners Identification Card Act.
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| 1 | | (3) "Mental health facility" has the meaning as defined | 2 | | in Section 1.1 of the Firearm Owners Identification Card | 3 | | Act.
| 4 | | (c) Upon the request of a peace officer who takes a person | 5 | | into custody
and transports such person to a mental health or | 6 | | developmental disability
facility pursuant to Section 3-606 or | 7 | | 4-404 of the Mental Health and
Developmental Disabilities Code | 8 | | or who transports a person from such facility,
a facility | 9 | | director shall furnish said peace officer the name, address, | 10 | | age
and name of the nearest relative of the person transported | 11 | | to or from the
mental health or developmental disability | 12 | | facility. In no case shall the
facility director disclose to | 13 | | the peace officer any information relating to the
diagnosis, | 14 | | treatment or evaluation of the person's mental or physical | 15 | | health.
| 16 | | For the purposes of this subsection (c), the terms "mental | 17 | | health or
developmental disability facility", "peace officer" | 18 | | and "facility director"
shall have the meanings ascribed to | 19 | | them in the Mental Health and
Developmental Disabilities Code.
| 20 | | (d) Upon the request of a peace officer or prosecuting | 21 | | authority who is
conducting a bona fide investigation of a | 22 | | criminal offense, or attempting to
apprehend a fugitive from | 23 | | justice,
a facility director may disclose whether a person is | 24 | | present at the facility.
Upon request of a peace officer or | 25 | | prosecuting authority who has a valid
forcible felony warrant | 26 | | issued, a facility director shall disclose: (1) whether
the |
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| 1 | | person who is the subject of the warrant is present at the | 2 | | facility and (2)
the
date of that person's discharge or future | 3 | | discharge from the facility.
The requesting peace officer or | 4 | | prosecuting authority must furnish a case
number and the | 5 | | purpose of the investigation or an outstanding arrest warrant | 6 | | at
the time of the request. Any person, institution, or agency
| 7 | | participating in good faith in disclosing such information in | 8 | | accordance with
this subsection (d) is immune from any | 9 | | liability, civil, criminal or
otherwise, that might result by | 10 | | reason of the action.
| 11 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| 12 | | Section 97. Applicability. This amendatory Act of the 99th | 13 | | General Assembly applies to requests for
relief pending on or | 14 | | before the effective date of this amendatory Act, except that | 15 | | the 60-day period for the Director to act on requests pending | 16 | | before the effective date shall begin
on the effective date of | 17 | | this amendatory Act. | 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law. |
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