Sen. Julie A. Morrison
Filed: 4/14/2016
 
 


 




09900SB2213sam002LRB099 15827 RLC 47450 a



1
AMENDMENT TO SENATE BILL 2213




2 AMENDMENT NO. ______. Amend Senate Bill 2213, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Firearm Owners Identification Card Act is 
6amended by changing Section 8.1 as follows:



7 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



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

9 (a) The Circuit Clerk shall, in the form and manner 
10required by the
Supreme Court, notify the Department of State 
11Police of all final dispositions
of cases for which the 
12Department has received information reported to it under

13Sections 2.1 and 2.2 of the Criminal Identification Act.

14 (b) Upon adjudication of any individual as a person with a 
15mental disability as defined in Section 1.1 of this Act or a 
16finding that a person has been involuntarily admitted, the 
 
 
09900SB2213sam002- 2 -LRB099 15827 RLC 47450 a


1court shall direct the circuit court clerk to immediately 
2notify the Department of State Police, Firearm Owner's 
3Identification (FOID) department, and shall forward a copy of 
4the court order to the Department. 
5 (b-1) Beginning July 1, 2016, and each July 1 and December 
630 of every year thereafter, the circuit court clerk shall, in 
7the form and manner prescribed by the Department of State 
8Police, notify the Department of State Police, Firearm Owner's 
9Identification (FOID) department if the court has not directed 
10the circuit court clerk to notify the Department of State 
11Police, Firearm Owner's Identification (FOID) department under 
12subsection (b) of this Section, within the preceding 6 months, 
13because no person has been adjudicated as a person with a 
14mental disability by the court as defined in Section 1.1 of 
15this Act or if no person has been involuntarily admitted. The 
16Supreme Court may adopt any orders or rules necessary to 
17identify the persons who shall be reported to the Department of 
18State Police under subsection (b), or any other orders or rules 
19necessary to implement the requirements of this Act. 
20 (c) The Department of Human Services shall, in the form and 
21manner prescribed by the Department of State Police, report all 
22information collected under subsection (b) of Section 12 of the 
23Mental Health and Developmental Disabilities Confidentiality 
24Act for the purpose of determining whether a person who may be 
25or may have been a patient in a mental health facility is 
26disqualified under State or federal law from receiving or 
 
 
09900SB2213sam002- 3 -LRB099 15827 RLC 47450 a


1retaining a Firearm Owner's Identification Card, or purchasing 
2a weapon.
3 (d) If a person is determined to pose a clear and present 
4danger to himself, herself, or to others:
5  (1) by a physician, clinical psychologist, or 
6 qualified examiner, or is determined to have a 
7 developmental disability by a physician, clinical 
8 psychologist, or qualified examiner, whether employed by 
9 the State or privately, then the physician, clinical 
10 psychologist, or qualified examiner shall, within 24 hours 
11 of making the determination, notify the Department of Human 
12 Services that the person poses a clear and present danger 
13 or has a developmental disability; or
14  (2) by a law enforcement official or school 
15 administrator, then the law enforcement official or school 
16 administrator shall, within 24 hours of making the 
17 determination, notify the Department of State Police that 
18 the person poses a clear and present danger. 
19 The Department of Human Services shall immediately update 
20its records and information relating to mental health and 
21developmental disabilities, and if appropriate, shall notify 
22the Department of State Police in a form and manner prescribed 
23by the Department of State Police. The Department of State 
24Police shall determine whether to revoke the person's Firearm 
25Owner's Identification Card under Section 8 of this Act. Any 
26information disclosed under this subsection shall remain 
 
 
09900SB2213sam002- 4 -LRB099 15827 RLC 47450 a


1privileged and confidential, and shall not be redisclosed, 
2except as required under subsection (e) of Section 3.1 of this 
3Act, nor used for any other purpose. The method of providing 
4this information shall guarantee that the information is not 
5released beyond what is necessary for the purpose of this 
6Section and shall be provided by rule by the Department of 
7Human Services. The identity of the person reporting under this 
8Section shall not be disclosed to the subject of the report. 
9The physician, clinical psychologist, qualified examiner, law 
10enforcement official, or school administrator making the 
11determination and his or her employer shall not be held 
12criminally, civilly, or professionally liable for making or not 
13making the notification required under this subsection, except 
14for willful or wanton misconduct.
15 (e) The Department of State Police shall adopt rules to 
16implement this Section. 
17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, 
18eff. 7-27-15.)



19 Section 99. Effective date. This Act takes effect upon 
20becoming law.".