| 
 | ||||||||||||||||||||||
| 
 
 | ||||||||||||||||||||||
| 
 | ||||||||||||||||||||||
| 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 Firearm Owners Identification Card Act is  | |||||||||||||||||||||
| 5 | amended by changing Sections 4 and 8 as follows: | |||||||||||||||||||||
| 6 |  (430 ILCS 65/4) (from Ch. 38, par. 83-4) | |||||||||||||||||||||
| 7 |  Sec. 4. Application for Firearm Owner's Identification  | |||||||||||||||||||||
| 8 | Cards.  | |||||||||||||||||||||
| 9 |  (a) Each applicant for a Firearm Owner's Identification  | |||||||||||||||||||||
| 10 | Card must:  | |||||||||||||||||||||
| 11 |   (1) Submit an application as made available by the  | |||||||||||||||||||||
| 12 | Illinois State Police; and | |||||||||||||||||||||
| 13 |   (2) Submit evidence to the Illinois State Police that: | |||||||||||||||||||||
| 14 |    (i) This subparagraph (i) applies through the  | |||||||||||||||||||||
| 15 | 180th day following July 12, 2019 (the effective date  | |||||||||||||||||||||
| 16 | of Public Act 101-80). He or she is 21 years of age or  | |||||||||||||||||||||
| 17 | over, or if he or she is under 21 years of age that he  | |||||||||||||||||||||
| 18 | or she has the written consent of his or her parent or  | |||||||||||||||||||||
| 19 | legal guardian to possess and acquire firearms and  | |||||||||||||||||||||
| 20 | firearm ammunition and that he or she has never been  | |||||||||||||||||||||
| 21 | convicted of a misdemeanor other than a traffic  | |||||||||||||||||||||
| 22 | offense or adjudged delinquent, provided, however,  | |||||||||||||||||||||
| 23 | that such parent or legal guardian is not an  | |||||||||||||||||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | individual prohibited from having a Firearm Owner's  | ||||||
| 2 | Identification Card and files an affidavit with the  | ||||||
| 3 | Department as prescribed by the Department stating  | ||||||
| 4 | that he or she is not an individual prohibited from  | ||||||
| 5 | having a Card; | ||||||
| 6 |    (i-5) This subparagraph (i-5) applies on and after  | ||||||
| 7 | the 181st day following July 12, 2019 (the effective  | ||||||
| 8 | date of Public Act 101-80). He or she is 18 21 years of  | ||||||
| 9 | age or over, or if he or she is under 18 21 years of  | ||||||
| 10 | age that he or she has never been convicted of a  | ||||||
| 11 | misdemeanor other than a traffic offense or adjudged  | ||||||
| 12 | delinquent and is an active duty member of the United  | ||||||
| 13 | States Armed Forces or the Illinois National Guard or  | ||||||
| 14 | has the written consent of his or her parent or legal  | ||||||
| 15 | guardian to possess and acquire firearms and firearm  | ||||||
| 16 | ammunition, provided, however, that, if the applicant  | ||||||
| 17 | is under 18 years of age, the such parent or legal  | ||||||
| 18 | guardian is not an individual prohibited from having a  | ||||||
| 19 | Firearm Owner's Identification Card and files an  | ||||||
| 20 | affidavit with the Illinois State Police as prescribed  | ||||||
| 21 | by the Illinois State Police stating that he or she is  | ||||||
| 22 | not an individual prohibited from having a Card or the  | ||||||
| 23 | active duty member of the United States Armed Forces  | ||||||
| 24 | or the Illinois National Guard under 18 21 years of age  | ||||||
| 25 | annually submits proof to the Illinois State Police,  | ||||||
| 26 | in a manner prescribed by the Illinois State Police;  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 |    (i-6) If he or she is under 21 years of age, that  | ||||||
| 2 | he or she has never been convicted of a misdemeanor  | ||||||
| 3 | other than a traffic offense or adjudged delinquent;  | ||||||
| 4 |    (ii) He or she has not been convicted of a felony  | ||||||
| 5 | under the laws of this or any other jurisdiction; | ||||||
| 6 |    (iii) He or she is not addicted to narcotics; | ||||||
| 7 |    (iv) He or she has not been a patient in a mental  | ||||||
| 8 | health facility within the past 5 years or, if he or  | ||||||
| 9 | she has been a patient in a mental health facility more  | ||||||
| 10 | than 5 years ago submit the certification required  | ||||||
| 11 | under subsection (u) of Section 8 of this Act; | ||||||
| 12 |    (v) He or she is not a person with an intellectual  | ||||||
| 13 | disability; | ||||||
| 14 |    (vi) He or she is not a noncitizen who is  | ||||||
| 15 | unlawfully present in the United States under the laws  | ||||||
| 16 | of the United States; | ||||||
| 17 |    (vii) He or she is not subject to an existing order  | ||||||
| 18 | of protection prohibiting him or her from possessing a  | ||||||
| 19 | firearm; | ||||||
| 20 |    (viii) He or she has not been convicted within the  | ||||||
| 21 | past 5 years of battery, assault, aggravated assault,  | ||||||
| 22 | violation of an order of protection, or a  | ||||||
| 23 | substantially similar offense in another jurisdiction,  | ||||||
| 24 | in which a firearm was used or possessed; | ||||||
| 25 |    (ix) He or she has not been convicted of domestic  | ||||||
| 26 | battery, aggravated domestic battery, or a  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | substantially similar offense in another jurisdiction  | ||||||
| 2 | committed before, on or after January 1, 2012 (the  | ||||||
| 3 | effective date of Public Act 97-158). If the applicant  | ||||||
| 4 | knowingly and intelligently waives the right to have  | ||||||
| 5 | an offense described in this clause (ix) tried by a  | ||||||
| 6 | jury, and by guilty plea or otherwise, results in a  | ||||||
| 7 | conviction for an offense in which a domestic  | ||||||
| 8 | relationship is not a required element of the offense  | ||||||
| 9 | but in which a determination of the applicability of  | ||||||
| 10 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of  | ||||||
| 11 | the Code of Criminal Procedure of 1963, an entry by the  | ||||||
| 12 | court of a judgment of conviction for that offense  | ||||||
| 13 | shall be grounds for denying the issuance of a Firearm  | ||||||
| 14 | Owner's Identification Card under this Section; | ||||||
| 15 |    (x) (Blank); | ||||||
| 16 |    (xi) He or she is not a noncitizen who has been  | ||||||
| 17 | admitted to the United States under a non-immigrant  | ||||||
| 18 | visa (as that term is defined in Section 101(a)(26) of  | ||||||
| 19 | the Immigration and Nationality Act (8 U.S.C.  | ||||||
| 20 | 1101(a)(26))), or that he or she is a noncitizen who  | ||||||
| 21 | has been lawfully admitted to the United States under  | ||||||
| 22 | a non-immigrant visa if that noncitizen is: | ||||||
| 23 |     (1) admitted to the United States for lawful  | ||||||
| 24 | hunting or sporting purposes; | ||||||
| 25 |     (2) an official representative of a foreign  | ||||||
| 26 | government who is: | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 |      (A) accredited to the United States  | ||||||
| 2 | Government or the Government's mission to an  | ||||||
| 3 | international organization having its  | ||||||
| 4 | headquarters in the United States; or | ||||||
| 5 |      (B) en route to or from another country to  | ||||||
| 6 | which that noncitizen is accredited; | ||||||
| 7 |     (3) an official of a foreign government or  | ||||||
| 8 | distinguished foreign visitor who has been so  | ||||||
| 9 | designated by the Department of State; | ||||||
| 10 |     (4) a foreign law enforcement officer of a  | ||||||
| 11 | friendly foreign government entering the United  | ||||||
| 12 | States on official business; or | ||||||
| 13 |     (5) one who has received a waiver from the  | ||||||
| 14 | Attorney General of the United States pursuant to  | ||||||
| 15 | 18 U.S.C. 922(y)(3); | ||||||
| 16 |    (xii) He or she is not a minor subject to a  | ||||||
| 17 | petition filed under Section 5-520 of the Juvenile  | ||||||
| 18 | Court Act of 1987 alleging that the minor is a  | ||||||
| 19 | delinquent minor for the commission of an offense that  | ||||||
| 20 | if committed by an adult would be a felony; | ||||||
| 21 |    (xiii) He or she is not an adult who had been  | ||||||
| 22 | adjudicated a delinquent minor under the Juvenile  | ||||||
| 23 | Court Act of 1987 for the commission of an offense that  | ||||||
| 24 | if committed by an adult would be a felony; | ||||||
| 25 |    (xiv) He or she is a resident of the State of  | ||||||
| 26 | Illinois;  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 |    (xv) He or she has not been adjudicated as a person  | ||||||
| 2 | with a mental disability;  | ||||||
| 3 |    (xvi) He or she has not been involuntarily  | ||||||
| 4 | admitted into a mental health facility; and  | ||||||
| 5 |    (xvii) He or she is not a person with a  | ||||||
| 6 | developmental disability; and  | ||||||
| 7 |   (3) Upon request by the Illinois State Police, sign a  | ||||||
| 8 | release on a form prescribed by the Illinois State Police  | ||||||
| 9 | waiving any right to confidentiality and requesting the  | ||||||
| 10 | disclosure to the Illinois State Police of limited mental  | ||||||
| 11 | health institution admission information from another  | ||||||
| 12 | state, the District of Columbia, any other territory of  | ||||||
| 13 | the United States, or a foreign nation concerning the  | ||||||
| 14 | applicant for the sole purpose of determining whether the  | ||||||
| 15 | applicant is or was a patient in a mental health  | ||||||
| 16 | institution and disqualified because of that status from  | ||||||
| 17 | receiving a Firearm Owner's Identification Card. No mental  | ||||||
| 18 | health care or treatment records may be requested. The  | ||||||
| 19 | information received shall be destroyed within one year of  | ||||||
| 20 | receipt. | ||||||
| 21 |  (a-5) Each applicant for a Firearm Owner's Identification  | ||||||
| 22 | Card who is over the age of 18 shall furnish to the Illinois  | ||||||
| 23 | State Police either his or her Illinois driver's license  | ||||||
| 24 | number or Illinois Identification Card number, except as  | ||||||
| 25 | provided in subsection (a-10). | ||||||
| 26 |  (a-10) Each applicant for a Firearm Owner's Identification  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | Card, who is employed as a law enforcement officer, an armed  | ||||||
| 2 | security officer in Illinois, or by the United States Military  | ||||||
| 3 | permanently assigned in Illinois and who is not an Illinois  | ||||||
| 4 | resident, shall furnish to the Illinois State Police his or  | ||||||
| 5 | her driver's license number or state identification card  | ||||||
| 6 | number from his or her state of residence. The Illinois State  | ||||||
| 7 | Police may adopt rules to enforce the provisions of this  | ||||||
| 8 | subsection (a-10). | ||||||
| 9 |  (a-15) If an applicant applying for a Firearm Owner's  | ||||||
| 10 | Identification Card moves from the residence address named in  | ||||||
| 11 | the application, he or she shall immediately notify in a form  | ||||||
| 12 | and manner prescribed by the Illinois State Police of that  | ||||||
| 13 | change of address. | ||||||
| 14 |  (a-20) Each applicant for a Firearm Owner's Identification  | ||||||
| 15 | Card shall furnish to the Illinois State Police his or her  | ||||||
| 16 | photograph. An applicant who is 18 21 years of age or older  | ||||||
| 17 | seeking a religious exemption to the photograph requirement  | ||||||
| 18 | must furnish with the application an approved copy of United  | ||||||
| 19 | States Department of the Treasury Internal Revenue Service  | ||||||
| 20 | Form 4029. In lieu of a photograph, an applicant regardless of  | ||||||
| 21 | age seeking a religious exemption to the photograph  | ||||||
| 22 | requirement shall submit fingerprints on a form and manner  | ||||||
| 23 | prescribed by the Illinois State Police with his or her  | ||||||
| 24 | application.  | ||||||
| 25 |  (a-25) Beginning January 1, 2023, each applicant for the  | ||||||
| 26 | issuance of a Firearm Owner's Identification Card may include  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | a full set of his or her fingerprints in electronic format to  | ||||||
| 2 | the Illinois State Police, unless the applicant has previously  | ||||||
| 3 | provided a full set of his or her fingerprints to the Illinois  | ||||||
| 4 | State Police under this Act or the Firearm Concealed Carry  | ||||||
| 5 | Act. | ||||||
| 6 |  The fingerprints must be transmitted through a live scan  | ||||||
| 7 | fingerprint vendor licensed by the Department of Financial and  | ||||||
| 8 | Professional Regulation. The fingerprints shall be checked  | ||||||
| 9 | against the fingerprint records now and hereafter filed in the  | ||||||
| 10 | Illinois State Police and Federal Bureau of Investigation  | ||||||
| 11 | criminal history records databases, including all available  | ||||||
| 12 | State and local criminal history record information files. | ||||||
| 13 |  The Illinois State Police shall charge applicants a  | ||||||
| 14 | one-time fee for conducting the criminal history record check,  | ||||||
| 15 | which shall be deposited into the State Police Services Fund  | ||||||
| 16 | and shall not exceed the actual cost of the State and national  | ||||||
| 17 | criminal history record check. | ||||||
| 18 |  (a-26) The Illinois State Police shall research, explore,  | ||||||
| 19 | and report to the General Assembly by January 1, 2022 on the  | ||||||
| 20 | feasibility of permitting voluntarily submitted fingerprints  | ||||||
| 21 | obtained for purposes other than Firearm Owner's  | ||||||
| 22 | Identification Card enforcement that are contained in the  | ||||||
| 23 | Illinois State Police database for purposes of this Act.  | ||||||
| 24 |  (b) Each application form shall include the following  | ||||||
| 25 | statement printed in bold type: "Warning: Entering false  | ||||||
| 26 | information on an application for a Firearm Owner's  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | Identification Card is punishable as a Class 2 felony in  | ||||||
| 2 | accordance with subsection (d-5) of Section 14 of the Firearm  | ||||||
| 3 | Owners Identification Card Act.". | ||||||
| 4 |  (c) Upon such written consent, pursuant to Section 4,  | ||||||
| 5 | paragraph (a)(2)(i), the parent or legal guardian giving the  | ||||||
| 6 | consent shall be liable for any damages resulting from the  | ||||||
| 7 | applicant's use of firearms or firearm ammunition. | ||||||
| 8 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;  | ||||||
| 9 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.  | ||||||
| 10 | 5-27-22; 102-1116, eff. 1-10-23.) | ||||||
| 11 |  (430 ILCS 65/8) (from Ch. 38, par. 83-8) | ||||||
| 12 |  Sec. 8. Grounds for denial and revocation. The Illinois  | ||||||
| 13 | State Police has authority to deny an application for or to  | ||||||
| 14 | revoke and seize a Firearm Owner's Identification Card  | ||||||
| 15 | previously issued under this Act only if the Illinois State  | ||||||
| 16 | Police finds that the applicant or the person to whom such card  | ||||||
| 17 | was issued is or was at the time of issuance: | ||||||
| 18 |   (a) A person under 21 years of age who has been  | ||||||
| 19 | convicted of a misdemeanor other than a traffic offense or  | ||||||
| 20 | adjudged delinquent; | ||||||
| 21 |   (b) This subsection (b) applies through the 180th day  | ||||||
| 22 | following July 12, 2019 (the effective date of Public Act  | ||||||
| 23 | 101-80). A person under 21 years of age who does not have  | ||||||
| 24 | the written consent of his parent or guardian to acquire  | ||||||
| 25 | and possess firearms and firearm ammunition, or whose  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | parent or guardian has revoked such written consent, or  | ||||||
| 2 | where such parent or guardian does not qualify to have a  | ||||||
| 3 | Firearm Owner's Identification Card; | ||||||
| 4 |   (b-5) This subsection (b-5) applies on and after the  | ||||||
| 5 | 181st day following July 12, 2019 (the effective date of  | ||||||
| 6 | Public Act 101-80). A person under 18 21 years of age who  | ||||||
| 7 | is not an active duty member of the United States Armed  | ||||||
| 8 | Forces or the Illinois National Guard and does not have  | ||||||
| 9 | the written consent of his or her parent or guardian to  | ||||||
| 10 | acquire and possess firearms and firearm ammunition, or  | ||||||
| 11 | whose parent or guardian has revoked such written consent,  | ||||||
| 12 | or where such parent or guardian does not qualify to have a  | ||||||
| 13 | Firearm Owner's Identification Card;  | ||||||
| 14 |   (c) A person convicted of a felony under the laws of  | ||||||
| 15 | this or any other jurisdiction; | ||||||
| 16 |   (d) A person addicted to narcotics; | ||||||
| 17 |   (e) A person who has been a patient of a mental health  | ||||||
| 18 | facility within the past 5 years or a person who has been a  | ||||||
| 19 | patient in a mental health facility more than 5 years ago  | ||||||
| 20 | who has not received the certification required under  | ||||||
| 21 | subsection (u) of this Section. An active law enforcement  | ||||||
| 22 | officer employed by a unit of government or a Department  | ||||||
| 23 | of Corrections employee authorized to possess firearms who  | ||||||
| 24 | is denied, revoked, or has his or her Firearm Owner's  | ||||||
| 25 | Identification Card seized under this subsection (e) may  | ||||||
| 26 | obtain relief as described in subsection (c-5) of Section  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | 10 of this Act if the officer or employee did not act in a  | ||||||
| 2 | manner threatening to the officer or employee, another  | ||||||
| 3 | person, or the public as determined by the treating  | ||||||
| 4 | clinical psychologist or physician, and the officer or  | ||||||
| 5 | employee seeks mental health treatment; | ||||||
| 6 |   (f) A person whose mental condition is of such a  | ||||||
| 7 | nature that it poses a clear and present danger to the  | ||||||
| 8 | applicant, any other person or persons, or the community; | ||||||
| 9 |   (g) A person who has an intellectual disability; | ||||||
| 10 |   (h) A person who intentionally makes a false statement  | ||||||
| 11 | in the Firearm Owner's Identification Card application or  | ||||||
| 12 | endorsement affidavit; | ||||||
| 13 |   (i) A noncitizen who is unlawfully present in the  | ||||||
| 14 | United States under the laws of the United States; | ||||||
| 15 |   (i-5) A noncitizen who has been admitted to the United  | ||||||
| 16 | States under a non-immigrant visa (as that term is defined  | ||||||
| 17 | in Section 101(a)(26) of the Immigration and Nationality  | ||||||
| 18 | Act (8 U.S.C. 1101(a)(26))), except that this subsection  | ||||||
| 19 | (i-5) does not apply to any noncitizen who has been  | ||||||
| 20 | lawfully admitted to the United States under a  | ||||||
| 21 | non-immigrant visa if that noncitizen is: | ||||||
| 22 |    (1) admitted to the United States for lawful  | ||||||
| 23 | hunting or sporting purposes; | ||||||
| 24 |    (2) an official representative of a foreign  | ||||||
| 25 | government who is: | ||||||
| 26 |     (A) accredited to the United States Government  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | or the Government's mission to an international  | ||||||
| 2 | organization having its headquarters in the United  | ||||||
| 3 | States; or | ||||||
| 4 |     (B) en route to or from another country to  | ||||||
| 5 | which that noncitizen is accredited; | ||||||
| 6 |    (3) an official of a foreign government or  | ||||||
| 7 | distinguished foreign visitor who has been so  | ||||||
| 8 | designated by the Department of State; | ||||||
| 9 |    (4) a foreign law enforcement officer of a  | ||||||
| 10 | friendly foreign government entering the United States  | ||||||
| 11 | on official business; or | ||||||
| 12 |    (5) one who has received a waiver from the  | ||||||
| 13 | Attorney General of the United States pursuant to 18  | ||||||
| 14 | U.S.C. 922(y)(3); | ||||||
| 15 |   (j) (Blank); | ||||||
| 16 |   (k) A person who has been convicted within the past 5  | ||||||
| 17 | years of battery, assault, aggravated assault, violation  | ||||||
| 18 | of an order of protection, or a substantially similar  | ||||||
| 19 | offense in another jurisdiction, in which a firearm was  | ||||||
| 20 | used or possessed; | ||||||
| 21 |   (l) A person who has been convicted of domestic  | ||||||
| 22 | battery, aggravated domestic battery, or a substantially  | ||||||
| 23 | similar offense in another jurisdiction committed before,  | ||||||
| 24 | on or after January 1, 2012 (the effective date of Public  | ||||||
| 25 | Act 97-158). If the applicant or person who has been  | ||||||
| 26 | previously issued a Firearm Owner's Identification Card  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | under this Act knowingly and intelligently waives the  | ||||||
| 2 | right to have an offense described in this paragraph (l)  | ||||||
| 3 | tried by a jury, and by guilty plea or otherwise, results  | ||||||
| 4 | in a conviction for an offense in which a domestic  | ||||||
| 5 | relationship is not a required element of the offense but  | ||||||
| 6 | in which a determination of the applicability of 18 U.S.C.  | ||||||
| 7 | 922(g)(9) is made under Section 112A-11.1 of the Code of  | ||||||
| 8 | Criminal Procedure of 1963, an entry by the court of a  | ||||||
| 9 | judgment of conviction for that offense shall be grounds  | ||||||
| 10 | for denying an application for and for revoking and  | ||||||
| 11 | seizing a Firearm Owner's Identification Card previously  | ||||||
| 12 | issued to the person under this Act; | ||||||
| 13 |   (m) (Blank); | ||||||
| 14 |   (n) A person who is prohibited from acquiring or  | ||||||
| 15 | possessing firearms or firearm ammunition by any Illinois  | ||||||
| 16 | State statute or by federal law; | ||||||
| 17 |   (o) A minor subject to a petition filed under Section  | ||||||
| 18 | 5-520 of the Juvenile Court Act of 1987 alleging that the  | ||||||
| 19 | minor is a delinquent minor for the commission of an  | ||||||
| 20 | offense that if committed by an adult would be a felony;  | ||||||
| 21 |   (p) An adult who had been adjudicated a delinquent  | ||||||
| 22 | minor under the Juvenile Court Act of 1987 for the  | ||||||
| 23 | commission of an offense that if committed by an adult  | ||||||
| 24 | would be a felony; | ||||||
| 25 |   (q) A person who is not a resident of the State of  | ||||||
| 26 | Illinois, except as provided in subsection (a-10) of  | ||||||
| 
 
 | |||||||
| 
 | |||||||
| 1 | Section 4;  | ||||||
| 2 |   (r) A person who has been adjudicated as a person with  | ||||||
| 3 | a mental disability;  | ||||||
| 4 |   (s) A person who has been found to have a  | ||||||
| 5 | developmental disability;  | ||||||
| 6 |   (t) A person involuntarily admitted into a mental  | ||||||
| 7 | health facility; or  | ||||||
| 8 |   (u) A person who has had his or her Firearm Owner's  | ||||||
| 9 | Identification Card revoked or denied under subsection (e)  | ||||||
| 10 | of this Section or item (iv) of paragraph (2) of  | ||||||
| 11 | subsection (a) of Section 4 of this Act because he or she  | ||||||
| 12 | was a patient in a mental health facility as provided in  | ||||||
| 13 | subsection (e) of this Section, shall not be permitted to  | ||||||
| 14 | obtain a Firearm Owner's Identification Card, after the  | ||||||
| 15 | 5-year period has lapsed, unless he or she has received a  | ||||||
| 16 | mental health evaluation by a physician, clinical  | ||||||
| 17 | psychologist, or qualified examiner as those terms are  | ||||||
| 18 | defined in the Mental Health and Developmental  | ||||||
| 19 | Disabilities Code, and has received a certification that  | ||||||
| 20 | he or she is not a clear and present danger to himself,  | ||||||
| 21 | herself, or others. The physician, clinical psychologist,  | ||||||
| 22 | or qualified examiner making the certification and his or  | ||||||
| 23 | her employer shall not be held criminally, civilly, or  | ||||||
| 24 | professionally liable for making or not making the  | ||||||
| 25 | certification required under this subsection, except for  | ||||||
| 26 | willful or wanton misconduct. This subsection does not  | ||||||
| 
 
 | |||||||
| 
 | |||||||