State of Illinois
2015 and 2016

Introduced , by Rep. Jim Durkin

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

Amends the Firearm Owners Identification Card Act. Makes a technical change in a Section concerning notification of dispositions of certain criminal cases.
LRB099 18046 RLC 42409 b


HB4843LRB099 18046 RLC 42409 b
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 Firearm Owners Identification Card Act is
5amended by changing Section 8.1 as follows:
6 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
7 Sec. 8.1. Notifications to the Department of State Police.
8 (a) The The Circuit Clerk shall, in the form and manner
9required by the Supreme Court, notify the Department of State
10Police of all final dispositions of cases for which the
11Department has received information reported to it under
12Sections 2.1 and 2.2 of the Criminal Identification Act.
13 (b) Upon adjudication of any individual as a person with a
14mental disability as defined in Section 1.1 of this Act or a
15finding that a person has been involuntarily admitted, the
16court shall direct the circuit court clerk to immediately
17notify the Department of State Police, Firearm Owner's
18Identification (FOID) department, and shall forward a copy of
19the court order to the Department.
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

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1Act for the purpose of determining whether a person who may be
2or may have been a patient in a mental health facility is
3disqualified under State or federal law from receiving or
4retaining a Firearm Owner's Identification Card, or purchasing
5a weapon.
6 (d) If a person is determined to pose a clear and present
7danger to himself, herself, or to others:
8 (1) by a physician, clinical psychologist, or
9 qualified examiner, or is determined to have a
10 developmental disability by a physician, clinical
11 psychologist, or qualified examiner, whether employed by
12 the State or privately, then the physician, clinical
13 psychologist, or qualified examiner shall, within 24 hours
14 of making the determination, notify the Department of Human
15 Services that the person poses a clear and present danger
16 or has a developmental disability; or
17 (2) by a law enforcement official or school
18 administrator, then the law enforcement official or school
19 administrator shall, within 24 hours of making the
20 determination, notify the Department of State Police that
21 the person poses a clear and present danger.
22 The Department of Human Services shall immediately update
23its records and information relating to mental health and
24developmental disabilities, and if appropriate, shall notify
25the Department of State Police in a form and manner prescribed
26by the Department of State Police. The Department of State

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1Police shall determine whether to revoke the person's Firearm
2Owner's Identification Card under Section 8 of this Act. Any
3information disclosed under this subsection shall remain
4privileged and confidential, and shall not be redisclosed,
5except as required under subsection (e) of Section 3.1 of this
6Act, nor used for any other purpose. The method of providing
7this information shall guarantee that the information is not
8released beyond what 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 subsection, except
17for willful or wanton misconduct.
18 (e) The Department of State Police shall adopt rules to
19implement this Section.
20(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143,
21eff. 7-27-15.)