Public Act 099-0696
 
SB2213 EnrolledLRB099 15827 RLC 40202 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


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


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



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

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

Sections 2.1 and 2.2 of the Criminal Identification Act.

    (b)  Upon adjudication of any individual as a person with a 
mental disability as defined in Section 1.1 of this Act or a 
finding that a person has been involuntarily admitted, the 
court shall direct the circuit court clerk to immediately 
notify the Department of State Police, Firearm Owner's 
Identification (FOID) department, and shall forward a copy of 
the court order to the Department. 
    (b-1) Beginning July 1, 2016, and each July 1 and December 
30 of every year thereafter, the circuit court clerk shall, in 
the form and manner prescribed by the Department of State 
Police, notify the Department of State Police, Firearm Owner's 
Identification (FOID) department if the court has not directed 
the circuit court clerk to notify the Department of State 
Police, Firearm Owner's Identification (FOID) department under 
subsection (b) of this Section, within the preceding 6 months, 
because no person has been adjudicated as a person with a 
mental disability by the court as defined in Section 1.1 of 
this Act or if no person has been involuntarily admitted. The 
Supreme Court may adopt any orders or rules necessary to 
identify the persons who shall be reported to the Department of 
State Police under subsection (b), or any other orders or rules 
necessary to implement the requirements of this Act. 
    (c) The Department of Human Services shall, in the form and 
manner prescribed by the Department of State Police, report all 
information collected under subsection (b) of Section 12 of the 
Mental Health and Developmental Disabilities Confidentiality 
Act for the purpose of determining whether a person who may be 
or may have been a patient in a mental health facility is 
disqualified under State or federal law from receiving or 
retaining a Firearm Owner's Identification Card, or purchasing 
a weapon.
    (d) If a person is determined to pose a clear and present 
danger to himself, herself, or to others:
        (1) by a physician, clinical psychologist, or 
    qualified examiner, or is determined to have a 
    developmental disability by a physician, clinical 
    psychologist, or qualified examiner, whether employed by 
    the State or privately, then the physician, clinical 
    psychologist, or qualified examiner shall, within 24 hours 
    of making the determination, notify the Department of Human 
    Services that the person poses a clear and present danger 
    or has a developmental disability; or
        (2) by a law enforcement official or school 
    administrator, then the law enforcement official or school 
    administrator shall, within 24 hours of making the 
    determination, notify the Department of State Police that 
    the person poses a clear and present danger. 
    The Department of Human Services shall immediately update 
its records and information relating to mental health and 
developmental disabilities, and if appropriate, shall notify 
the Department of State Police in a form and manner prescribed 
by the Department of State Police. The Department of State 
Police shall determine whether to revoke the person's Firearm 
Owner's Identification Card under Section 8 of this Act. Any 
information disclosed under this subsection shall remain 
privileged and confidential, and shall not be redisclosed, 
except as required under subsection (e) of Section 3.1 of this 
Act, nor used for any other purpose. The method of providing 
this information shall guarantee that the information is not 
released beyond what is necessary for the purpose of this 
Section and shall be provided by rule by the Department of 
Human Services. The identity of the person reporting under this 
Section shall not be disclosed to the subject of the report. 
The physician, clinical psychologist, qualified examiner, law 
enforcement official, or school administrator making the 
determination and his or her employer shall not be held 
criminally, civilly, or professionally liable for making or not 
making the notification required under this subsection, except 
for willful or wanton misconduct.
    (e) The Department of State Police shall adopt rules to 
implement this Section. 
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, 
eff. 7-27-15.)

 

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