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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 6-103.2 and
66-103.3 as follows:
7 (405 ILCS 5/6-103.2)
8 Sec. 6-103.2. Developmental disability; notice. If For
9purposes of this Section, if a person 14 years old or older is
10determined to be developmentally disabled as defined in Section
111.1 of the Firearm Owners Identification Card Act by a
12physician, clinical psychologist, or qualified examiner,
13whether practicing at a public or by a private mental health
14facility or developmental disability facility, the physician,
15clinical psychologist, or qualified examiner shall notify the
16Department of Human Services within 7 days 24 hours of making
17the determination that the person has a developmental
18disability. The Department of Human Services shall immediately
19update its records and information relating to mental health
20and developmental disabilities, and if appropriate, shall
21notify the Department of State Police in a form and manner
22prescribed by the Department of State Police. Information
23disclosed under this Section shall remain privileged and

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1confidential, and shall not be redisclosed, except as required
2under subsection (e) of Section 3.1 of the Firearm Owners
3Identification Card Act, nor used for any other purpose. The
4method of providing this information shall guarantee that the
5information is not released beyond that which is necessary for
6the purpose of this Section and shall be provided by rule by
7the Department of Human Services. The identity of the person
8reporting under this Section shall not be disclosed to the
9subject of the report.
10 The physician, clinical psychologist, or qualified
11examiner making the determination and his or her employer may
12not be held criminally, civilly, or professionally liable for
13making or not making the notification required under this
14Section, except for willful or wanton misconduct.
15 For purposes of this Section, "developmentally disabled"
16means a disability which is attributable to any other condition
17which results in impairment similar to that caused by an
18intellectual disability and which requires services similar to
19those required by intellectually disabled persons. The
20disability must originate before the age of 18 years, be
21expected to continue indefinitely, and constitute a
22substantial disability. This disability results in the
23professional opinion of a physician, clinical psychologist, or
24qualified examiner, in significant functional limitations in 3
25or 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,
6clinical psychologist, or qualified examiner" means in the
7professional opinion of the physician, clinical psychologist,
8or qualified examiner, a person is diagnosed, assessed, or
9evaluated 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
13is determined to pose a clear and present danger to himself,
14herself, or to others by a physician, clinical psychologist, or
15qualified examiner, whether employed by the State, by any
16public or private mental health facility or part thereof, or by
17a law enforcement official or a school administrator, then the
18physician, clinical psychologist, qualified examiner shall
19notify the Department of Human Services and a law enforcement
20official or school administrator shall notify the Department of
21State Police, within 24 hours of making the determination that
22the person poses a clear and present danger. The Department of
23Human Services shall immediately update its records and
24information relating to mental health and developmental
25disabilities, and if appropriate, shall notify the Department

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1of State Police in a form and manner prescribed by the
2Department of State Police. Information disclosed under this
3Section shall remain privileged and confidential, and shall not
4be redisclosed, except as required under subsection (e) of
5Section 3.1 of the Firearm Owners Identification Card Act, nor
6used for any other purpose. The method of providing this
7information shall guarantee that the information is not
8released beyond that which is necessary for the purpose of this
9Section and shall be provided by rule by the Department of
10Human Services. The identity of the person reporting under this
11Section shall not be disclosed to the subject of the report.
12The physician, clinical psychologist, qualified examiner, law
13enforcement official, or school administrator making the
14determination and his or her employer shall not be held
15criminally, civilly, or professionally liable for making or not
16making the notification required under this Section, except for
17willful or wanton misconduct. This Section does not apply to a
18law enforcement official, if making the notification under this
19Section will interfere with an ongoing or pending criminal
20investigation.
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
10amended 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
21of a prescribed controlled substance under the direction and
22authority of a physician or other person authorized to
23prescribe the controlled substance when the controlled
24substance is used in the prescribed manner.

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1 "Adjudicated as a mentally disabled person" means the
2person is the subject of a determination by a court, board,
3commission or other lawful authority that the person, as a
4result of marked subnormal intelligence, or mental illness,
5mental 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
25Section 1-103 of the Mental Health and Developmental
26Disabilities Code.

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1 "Controlled substance" means a controlled substance or
2controlled substance analog as defined in the Illinois
3Controlled Substances Act.
4 "Counterfeit" means to copy or imitate, without legal
5authority, with intent to deceive.
6 "Developmentally disabled" means a disability which is
7attributable to any other condition which results in impairment
8similar to that caused by an intellectual disability and which
9requires services similar to those required by intellectually
10disabled persons. The disability must originate before the age
11of 18 years, be expected to continue indefinitely, and
12constitute a substantial disability handicap.
13 This disability results in the professional opinion of a
14physician, clinical psychologist, or qualified examiner, in
15significant functional limitations in 3 or more of the
16following 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
23licensed as a federal firearms dealer under Section 923 of the
24federal Gun Control Act of 1968 (18 U.S.C. 923).
25 "Firearm" means any device, by whatever name known, which
26is designed to expel a projectile or projectiles by the action

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1of an explosion, expansion of gas or escape of gas; excluding,
2however:
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
23shotgun shell, by whatever name known, which is designed to be
24used 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
15event or function, including parking areas for the event or
16function, that is sponsored to facilitate the purchase, sale,
17transfer, or exchange of firearms as described in this Section.
18 "Gun show" does not include training or safety classes,
19competitive shooting events, such as rifle, shotgun, or handgun
20matches, trap, skeet, or sporting clays shoots, dinners,
21banquets, raffles, or any other event where the sale or
22transfer of firearms is not the primary course of business.
23 "Gun show promoter" means a person who organizes or
24operates a gun show.
25 "Gun show vendor" means a person who exhibits, sells,
26offers for sale, transfers, or exchanges any firearms at a gun

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1show, regardless of whether the person arranges with a gun show
2promoter for a fixed location from which to exhibit, sell,
3offer for sale, transfer, or exchange any firearm.
4 "Intellectually disabled" means significantly subaverage
5general intellectual functioning which exists concurrently
6with impairment in adaptive behavior and which originates
7before the age of 18 years.
8 "Involuntarily admitted" has the meaning as prescribed in
9Sections 1-119 and 1-119.1 of the Mental Health and
10Developmental Disabilities Code.
11 "Mental health facility" means any licensed private
12hospital or hospital affiliate, institution, or facility, or
13part thereof, and any facility, or part thereof, operated by
14the State or a political subdivision thereof which provide
15treatment of persons with mental illness and includes all
16hospitals, institutions, clinics, evaluation facilities,
17mental health centers, colleges, universities, long-term care
18facilities, and nursing homes, or parts thereof, which provide
19treatment of persons with mental illness whether or not the
20primary purpose is to provide treatment of persons with mental
21illness.
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
7the Mental Health and Developmental Disabilities Code.
8 "Qualified examiner" has the meaning provided in Section
91-122 of the Mental Health and Developmental Disabilities Code.
10 "Sanctioned competitive shooting event" means a shooting
11contest officially recognized by a national or state shooting
12sport association, and includes any sight-in or practice
13conducted in conjunction with the event.
14 "School administrator" means the person required to report
15under the School Administrator Reporting of Mental Health Clear
16and Present Danger Determinations Law.
17 "Stun gun or taser" has the meaning ascribed to it in
18Section 24-1 of the Criminal Code of 2012.
19(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
2097-1167, 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
23prohibitions.
24 (a) Whenever an application for a Firearm Owner's
25Identification Card is denied, whenever the Department fails to

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1act on an application within 30 days of its receipt, or
2whenever such a Card is revoked or seized as provided for in
3Section 8 of this Act, the aggrieved party may appeal to the
4Director of State Police for a hearing upon such denial,
5revocation or seizure, unless the denial, revocation, or
6seizure was based upon a forcible felony, stalking, aggravated
7stalking, domestic battery, any violation of the Illinois
8Controlled Substances Act, the Methamphetamine Control and
9Community Protection Act, or the Cannabis Control Act that is
10classified as a Class 2 or greater felony, any felony violation
11of Article 24 of the Criminal Code of 1961 or the Criminal Code
12of 2012, or any adjudication as a delinquent minor for the
13commission of an offense that if committed by an adult would be
14a felony, in which case the aggrieved party may petition the
15circuit court in writing in the county of his or her residence
16for a hearing upon such denial, revocation, or seizure.
17 (b) At least 30 days before any hearing in the circuit
18court, the petitioner shall serve the relevant State's Attorney
19with a copy of the petition. The State's Attorney may object to
20the petition and present evidence. At the hearing the court
21shall determine whether substantial justice has been done.
22Should the court determine that substantial justice has not
23been done, the court shall issue an order directing the
24Department of State Police to issue a Card. However, the court
25shall not issue the order if the petitioner is otherwise
26prohibited from obtaining, possessing, or using a firearm under

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1federal law.
2 (c) Any person prohibited from possessing a firearm under
3Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
4acquiring a Firearm Owner's Identification Card under Section 8
5of this Act may apply to the Director of State Police or
6petition the circuit court in the county where the petitioner
7resides, whichever is applicable in accordance with subsection
8(a) of this Section, requesting relief from such prohibition
9and the Director or court may grant such relief if it is
10established by the applicant to the court's or Director's
11satisfaction 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
6unit of government, who is denied, revoked, or has his or her
7Firearm Owner's Identification Card seized under subsection
8(e) of Section 8 of this Act may apply to the Director of State
9Police requesting relief if the officer did not act in a manner
10threatening to the officer, another person, or the public as
11determined by the treating clinical psychologist or physician,
12and as a result of his or her work is referred by the employer
13for or voluntarily seeks mental health evaluation or treatment
14by a licensed clinical psychologist, psychiatrist, or
15qualified 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
25relief to active law enforcement officers described in
26paragraph (1) of this subsection (c-5) upon a determination by

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1the Director that the officer's possession of a firearm does
2not present a threat to themselves, others, or public safety.
3The Director shall act on the request for relief within 30
4business 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
23eligibility and must provide all information required. The
24Director may not consider granting expedited relief until the
25proof 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
2Chapter I 1 of the Mental Health and Developmental Disabilities
3Code.
4 (c-10) (1) An applicant, who is denied, revoked, or has his
5or her Firearm Owner's Identification Card seized under
6subsection (e) of Section 8 of this Act based upon a
7determination of a developmental disability or an intellectual
8disability may apply to the Director of State Police requesting
9relief.
10 (2) The Director shall act on the request for relief within
1160 business days of receipt of written certification, in the
12form prescribed by the Director, from a physician or clinical
13psychologist, or qualified examiner, that the aggrieved
14party's developmental disability or intellectual disability
15condition is determined by a physician, clinical psychologist,
16or qualified to be mild. If a fact-finding conference is
17scheduled to obtain additional information concerning the
18circumstances of the denial or revocation, the 60 business days
19the Director has to act shall be tolled until the completion of
20the fact-finding conference.
21 (3) The Director may grant relief if the aggrieved party's
22developmental disability or intellectual disability is mild as
23determined by a physician, clinical psychologist, or qualified
24examiner and it is established by the applicant to the
25Director'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
5determined by a physician, clinical psychologist, or qualified
6examiner to be moderate, severe, or profound.
7 (d) When a minor is adjudicated delinquent for an offense
8which if committed by an adult would be a felony, the court
9shall notify the Department of State Police.
10 (e) The court shall review the denial of an application or
11the revocation of a Firearm Owner's Identification Card of a
12person who has been adjudicated delinquent for an offense that
13if committed by an adult would be a felony if an application
14for relief has been filed at least 10 years after the
15adjudication of delinquency and the court determines that the
16applicant should be granted relief from disability to obtain a
17Firearm Owner's Identification Card. If the court grants
18relief, the court shall notify the Department of State Police
19that the disability has been removed and that the applicant is
20eligible to obtain a Firearm Owner's Identification Card.
21 (f) Any person who is subject to the disabilities of 18
22U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
23of 1968 because of an adjudication or commitment that occurred
24under the laws of this State or who was determined to be
25subject to the provisions of subsections (e), (f), or (g) of
26Section 8 of this Act may apply to the Department of State

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1Police requesting relief from that prohibition. The Director
2shall grant the relief if it is established by a preponderance
3of the evidence that the person will not be likely to act in a
4manner dangerous to public safety and that granting relief
5would not be contrary to the public interest. In making this
6determination, the Director shall receive evidence concerning
7(i) the circumstances regarding the firearms disabilities from
8which relief is sought; (ii) the petitioner's mental health and
9criminal history records, if any; (iii) the petitioner's
10reputation, developed at a minimum through character witness
11statements, testimony, or other character evidence; and (iv)
12changes in the petitioner's condition or circumstances since
13the disqualifying events relevant to the relief sought. If
14relief is granted under this subsection or by order of a court
15under this Section, the Director shall as soon as practicable
16but in no case later than 15 business days, update, correct,
17modify, or remove the person's record in any database that the
18Department of State Police makes available to the National
19Instant Criminal Background Check System and notify the United
20States Attorney General that the basis for the record being
21made available no longer applies. The Department of State
22Police shall adopt rules for the administration of this
23Section.
24(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13;
2597-1167, 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
2Disabilities Confidentiality Act is amended by changing
3Section 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
6Department of State Police requests information from a mental
7health or developmental disability facility, as defined in
8Section 1-107 and 1-114 of the Mental Health and Developmental
9Disabilities Code, relating to a specific recipient and the
10facility director determines that disclosure of such
11information may be necessary to protect the life of, or to
12prevent the infliction of great bodily harm to, a public
13official, or a person under the protection of the United States
14Secret Service, only the following information may be
15disclosed: the recipient's name, address, and age and the date
16of any admission to or discharge from a facility; and any
17information which would indicate whether or not the recipient
18has a history of violence or presents a danger of violence to
19the person under protection. Any information so disclosed shall
20be used for investigative purposes only and shall not be
21publicly disseminated. Any person participating in good faith
22in the disclosure of such information in accordance with this
23provision shall have immunity from any liability, civil,
24criminal or otherwise, if such information is disclosed relying
25upon the representation of an officer of the United States

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1Secret Service or the Department of State Police that a person
2is under the protection of the United States Secret Service or
3is a public official.
4 For the purpose of this subsection (a), the term "public
5official" means the Governor, Lieutenant Governor, Attorney
6General, Secretary of State, State Comptroller, State
7Treasurer, member of the General Assembly, member of the United
8States Congress, Judge of the United States as defined in 28
9U.S.C. 451, Justice of the United States as defined in 28
10U.S.C. 451, United States Magistrate Judge as defined in 28
11U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
12Supreme, Appellate, Circuit, or Associate Judge of the State of
13Illinois. The term shall also include the spouse, child or
14children of a public official.
15 (b) The Department of Human Services (acting as successor
16to the Department of Mental Health and Developmental
17Disabilities) and all public or private hospitals and mental
18health facilities are required, as hereafter described in this
19subsection, to furnish the Department of State Police only such
20information as may be required for the sole purpose of
21determining whether an individual who may be or may have been a
22patient is disqualified because of that status from receiving
23or retaining a Firearm Owner's Identification Card or falls
24within the federal prohibitors under subsection (e), (f), (g),
25(r), (s), or (t) of Section 8 of the Firearm Owners
26Identification Card Act, or falls within the federal

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1prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
2clinical psychologists, or qualified examiners at public or
3private mental health facilities or parts thereof as defined in
4this subsection shall, in the form and manner required by the
5Department, provide notice directly to the Department of Human
6Services, or to his or her employer who shall then report to
7the Department, within 24 hours after determining that a person
8patient as described in clause (2) of the definition of
9"patient" in Section 1.1 of the Firearm Owners Identification
10Card Act poses a clear and present danger to himself, herself,
11or others, or within 7 days after a person 14 years or older is
12determined to be developmentally disabled by a physician,
13clinical psychologist, or qualified examiner as described in
14Section 1.1 of the Firearm Owners Identification Card Act. If a
15person is a patient as described in clause (1) of the
16definition of "patient" in Section 1.1 of the Firearm Owners
17Identification Card Act, this This information shall be
18furnished within 24 hours after the physician, clinical
19psychologist, or qualified examiner has made a determination,
20or within 7 days after admission to a public or private
21hospital or mental health facility or the provision of services
22to a patient described in clause (1) of the definition of
23"patient" in Section 1.1 of the Firearm Owners Identification
24Card Act. Any such information disclosed under this subsection
25shall remain privileged and confidential, and shall not be
26redisclosed, except as required by subsection (e) of Section

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13.1 of the Firearm Owners Identification Card Act, nor utilized
2for any other purpose. The method of requiring the providing of
3such information shall guarantee that no information is
4released beyond what is necessary for this purpose. In
5addition, the information disclosed shall be provided by the
6Department within the time period established by Section 24-3
7of the Criminal Code of 2012 regarding the delivery of
8firearms. The method used shall be sufficient to provide the
9necessary information within the prescribed time period, which
10may include periodically providing lists to the Department of
11Human Services or any public or private hospital or mental
12health facility of Firearm Owner's Identification Card
13applicants on which the Department or hospital shall indicate
14the identities of those individuals who are to its knowledge
15disqualified from having a Firearm Owner's Identification Card
16for reasons described herein. The Department may provide for a
17centralized source of information for the State on this subject
18under its jurisdiction. The identity of the person reporting
19under this subsection shall not be disclosed to the subject of
20the report. For the purposes of this subsection, the physician,
21clinical psychologist, or qualified examiner making the
22determination and his or her employer shall not be held
23criminally, civilly, or professionally liable for making or not
24making the notification required under this subsection, except
25for willful or wanton misconduct.
26 Any person, institution, or agency, under this Act,

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1participating in good faith in the reporting or disclosure of
2records and communications otherwise in accordance with this
3provision or with rules, regulations or guidelines issued by
4the Department shall have immunity from any liability, civil,
5criminal or otherwise, that might result by reason of the
6action. For the purpose of any proceeding, civil or criminal,
7arising out of a report or disclosure in accordance with this
8provision, the good faith of any person, institution, or agency
9so reporting or disclosing shall be presumed. The full extent
10of the immunity provided in this subsection (b) shall apply to
11any person, institution or agency that fails to make a report
12or disclosure in the good faith belief that the report or
13disclosure would violate federal regulations governing the
14confidentiality of alcohol and drug abuse patient records
15implementing 42 U.S.C. 290dd-3 and 290ee-3.
16 For purposes of this subsection (b) only, the following
17terms 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
5into custody and transports such person to a mental health or
6developmental disability facility pursuant to Section 3-606 or
74-404 of the Mental Health and Developmental Disabilities Code
8or who transports a person from such facility, a facility
9director shall furnish said peace officer the name, address,
10age and name of the nearest relative of the person transported
11to or from the mental health or developmental disability
12facility. In no case shall the facility director disclose to
13the peace officer any information relating to the diagnosis,
14treatment or evaluation of the person's mental or physical
15health.
16 For the purposes of this subsection (c), the terms "mental
17health or developmental disability facility", "peace officer"
18and "facility director" shall have the meanings ascribed to
19them in the Mental Health and Developmental Disabilities Code.
20 (d) Upon the request of a peace officer or prosecuting
21authority who is conducting a bona fide investigation of a
22criminal offense, or attempting to apprehend a fugitive from
23justice, a facility director may disclose whether a person is
24present at the facility. Upon request of a peace officer or
25prosecuting authority who has a valid forcible felony warrant
26issued, a facility director shall disclose: (1) whether the

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1person who is the subject of the warrant is present at the
2facility and (2) the date of that person's discharge or future
3discharge from the facility. The requesting peace officer or
4prosecuting authority must furnish a case number and the
5purpose of the investigation or an outstanding arrest warrant
6at the time of the request. Any person, institution, or agency
7participating in good faith in disclosing such information in
8accordance with this subsection (d) is immune from any
9liability, civil, criminal or otherwise, that might result by
10reason 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
13General Assembly applies to requests for relief pending on or
14before the effective date of this amendatory Act, except that
15the 60-day period for the Director to act on requests pending
16before the effective date shall begin on the effective date of
17this amendatory Act.