102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3670

Introduced , by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-2-13 new

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall not make possession of a Firearm Owner's Identification Card a condition of continued employment as a correctional officer if the correctional officer's Firearm Owner's Identification Card is revoked or seized because the correctional officer has been a patient of a mental health facility and the correctional officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Nothing is this Section shall otherwise impair the Department's ability to determine a correctional officer's fitness for duty. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the Department cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Provides that the Department shall document if and why a correctional officer has been determined to pose a clear and present danger. Defines "mental health facility" and "qualified examiner".
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A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5adding Section 3-2-13 as follows:
6 (730 ILCS 5/3-2-13 new)
7 Sec. 3-2-13. Possession of a Firearm Owner's
8Identification Card. The Department of Corrections shall not
9make possession of a Firearm Owner's Identification Card a
10condition of continued employment as a correctional officer if
11the correctional officer's Firearm Owner's Identification Card
12is revoked or seized because the correctional officer has been
13a patient of a mental health facility and the correctional
14officer has not been determined to pose a clear and present
15danger to himself, herself, or others as determined by a
16physician, clinical psychologist, or qualified examiner.
17Nothing is this Section shall otherwise impair the
18Department's ability to determine a correctional officer's
19fitness for duty. A collective bargaining agreement already in
20effect on this issue on the effective date of this amendatory
21Act of the 102nd General Assembly cannot be modified, but on or
22after the effective date of this amendatory Act of the 102nd
23General Assembly, the Department cannot require a Firearm

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1Owner's Identification Card as a condition of continued
2employment in a collective bargaining agreement. The
3Department shall document if and why a correctional officer
4has been determined to pose a clear and present danger. In this
5Section, "mental health facility" and "qualified examiner"
6have the meanings provided in the Mental Health and
7Developmental Disabilities Code.