Sen. Julie A. Morrison
Filed: 4/1/2016
 
 


 




09900SB2213sam001LRB099 15827 RLC 46144 a



1
AMENDMENT TO SENATE BILL 2213 




2 AMENDMENT NO. ______. Amend Senate Bill 2213 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 8.1 as follows:



6 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



7 Sec. 8.1. Notifications to the Department of State Police.

8 (a) The Circuit Clerk shall, in the form and manner 
9required by the
Supreme Court, notify the Department of State 
10Police of all final dispositions
of cases for which the 
11Department has received information reported to it under

12Sections 2.1 and 2.2 of the Criminal Identification Act.

13 (b) Upon adjudication of any individual as a person with a 
14mental disability as defined in Section 1.1 of this Act or a 
15finding that a person has been involuntarily admitted, the 
16court shall direct the circuit court clerk to immediately 
 
 
09900SB2213sam001- 2 -LRB099 15827 RLC 46144 a


1notify the Department of State Police, Firearm Owner's 
2Identification (FOID) department, and shall forward a copy of 
3the court order to the Department. Beginning July 1, 2016, and 
4each July 1 and December 30 of every year thereafter, the 
5circuit court clerk shall, in the form and manner prescribed by 
6the Department of State Police, notify the Department of State 
7Police, Firearm Owner's Identification (FOID) department, if 
8no person has been adjudicated as a person with a mental 
9disability by the court as defined in Section 1.1 of this Act 
10or if no person has been involuntarily admitted by the court 
11within the preceding 6 months. The Supreme Court may adopt any 
12orders or rules necessary to identify the individuals who shall 
13be reported to the Department of State Police under this 
14subsection (b), or any other orders or rules necessary to 
15implement the requirements of this Act. 
16 (c) The Department of Human Services shall, in the form and 
17manner prescribed by the Department of State Police, report all 
18information collected under subsection (b) of Section 12 of the 
19Mental Health and Developmental Disabilities Confidentiality 
20Act for the purpose of determining whether a person who may be 
21or may have been a patient in a mental health facility is 
22disqualified under State or federal law from receiving or 
23retaining a Firearm Owner's Identification Card, or purchasing 
24a weapon.
25 (d) If a person is determined to pose a clear and present 
26danger to himself, herself, or to others:
 
 
09900SB2213sam001- 3 -LRB099 15827 RLC 46144 a


1  (1) by a physician, clinical psychologist, or 
2 qualified examiner, or is determined to have a 
3 developmental disability by a physician, clinical 
4 psychologist, or qualified examiner, whether employed by 
5 the State or privately, then the physician, clinical 
6 psychologist, or qualified examiner shall, within 24 hours 
7 of making the determination, notify the Department of Human 
8 Services that the person poses a clear and present danger 
9 or has a developmental disability; or
10  (2) by a law enforcement official or school 
11 administrator, then the law enforcement official or school 
12 administrator shall, within 24 hours of making the 
13 determination, notify the Department of State Police that 
14 the person poses a clear and present danger. 
15 The Department of Human Services shall immediately update 
16its records and information relating to mental health and 
17developmental disabilities, and if appropriate, shall notify 
18the Department of State Police in a form and manner prescribed 
19by the Department of State Police. The Department of State 
20Police shall determine whether to revoke the person's Firearm 
21Owner's Identification Card under Section 8 of this Act. Any 
22information disclosed under this subsection shall remain 
23privileged and confidential, and shall not be redisclosed, 
24except as required under subsection (e) of Section 3.1 of this 
25Act, nor used for any other purpose. The method of providing 
26this information shall guarantee that the information is not 
 
 
09900SB2213sam001- 4 -LRB099 15827 RLC 46144 a


1released beyond what is necessary for the purpose of this 
2Section and shall be provided by rule by the Department of 
3Human Services. The identity of the person reporting under this 
4Section shall not be disclosed to the subject of the report. 
5The physician, clinical psychologist, qualified examiner, law 
6enforcement official, or school administrator making the 
7determination and his or her employer shall not be held 
8criminally, civilly, or professionally liable for making or not 
9making the notification required under this subsection, except 
10for willful or wanton misconduct.
11 (e) The Department of State Police shall adopt rules to 
12implement this Section. 
13(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, 
14eff. 7-27-15.)



15 Section 99. Effective date. This Act takes effect upon 
16becoming law.".