Rep. Maura Hirschauer

Filed: 5/29/2026

10400HB5209ham003

LRB104 19512 BDA 38321 a

1 AMENDMENT TO HOUSE BILL 5209

2 AMENDMENT NO. ______. Amend House Bill 5209, AS AMENDED,

3 by replacing everything after the enacting clause with the

4 following:

5 "Section 1. References to Act. This Act may be referred to

6 as Jeff's Law.

7 Section 5. The Criminal Identification Act is amended by

8 changing Section 2.1 as follows:

9 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)

10 (Text of Section before amendment by P.A. 104-459)

11 Sec. 2.1. For the purpose of maintaining complete and

12 accurate criminal records of the Illinois State Police, it is

13 necessary for all policing bodies of this State, the clerk of

14 the circuit court, the Illinois Department of Corrections, the

15 sheriff of each county, and State's Attorney of each county to

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1 submit certain criminal arrest, charge, and disposition

2 information to the Illinois State Police for filing at the

3 earliest time possible. Unless otherwise noted herein, it

4 shall be the duty of all policing bodies of this State, the

5 clerk of the circuit court, the Illinois Department of

6 Corrections, the sheriff of each county, and the State's

7 Attorney of each county to report such information as provided

8 in this Section, both in the form and manner required by the

9 Illinois State Police and within 30 days of the criminal

10 history event. Specifically:

11 (a) Arrest Information. All agencies making arrests

12 for offenses which are required by statute to be

13 collected, maintained or disseminated by the Illinois

14 State Police shall be responsible for furnishing daily to

15 the Illinois State Police fingerprints, charges and

16 descriptions of all persons who are arrested for such

17 offenses. All such agencies shall also notify the Illinois

18 State Police of all decisions by the arresting agency not

19 to refer such arrests for prosecution. With approval of

20 the Illinois State Police, an agency making such arrests

21 may enter into arrangements with other agencies for the

22 purpose of furnishing daily such fingerprints, charges and

23 descriptions to the Illinois State Police upon its behalf.

24 (b) Charge Information. The State's Attorney of each

25 county shall notify the Illinois State Police of all

26 charges filed and all petitions filed alleging that a

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1 minor is delinquent, including all those added subsequent

2 to the filing of a case, and whether charges were not filed

3 in cases for which the Illinois State Police has received

4 information required to be reported pursuant to paragraph

5 (a) of this Section. With approval of the Illinois State

6 Police, the State's Attorney may enter into arrangements

7 with other agencies for the purpose of furnishing the

8 information required by this subsection (b) to the

9 Illinois State Police upon the State's Attorney's behalf.

10 (c) Disposition Information. The clerk of the circuit

11 court of each county shall furnish the Illinois State

12 Police, in the form and manner required by the Supreme

13 Court, with all final dispositions of cases for which the

14 Illinois State Police has received information required to

15 be reported pursuant to paragraph (a) or (d) of this

16 Section. Such information shall include, for each charge,

17 all (1) judgments of not guilty, judgments of guilty

18 including the sentence pronounced by the court with

19 statutory citations to the relevant sentencing provision,

20 findings that a minor is delinquent and any sentence made

21 based on those findings, discharges and dismissals in the

22 court; (2) reviewing court orders filed with the clerk of

23 the circuit court which reverse or remand a reported

24 conviction or findings that a minor is delinquent or that

25 vacate or modify a sentence or sentence made following a

26 trial that a minor is delinquent; (3) continuances to a

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1 date certain in furtherance of an order of supervision

2 granted under Section 5-6-1 of the Unified Code of

3 Corrections or an order of probation granted under Section

4 10 of the Cannabis Control Act, Section 410 of the

5 Illinois Controlled Substances Act, Section 70 of the

6 Methamphetamine Control and Community Protection Act,

7 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

8 the Criminal Code of 1961 or the Criminal Code of 2012,

9 Section 10-102 of the Illinois Alcoholism and Other Drug

10 Dependency Act, Section 40-10 of the Substance Use

11 Disorder Act, Section 10 of the Steroid Control Act, or

12 Section 5-615 of the Juvenile Court Act of 1987; (4)

13 judgments or court orders terminating or revoking a

14 sentence to or juvenile disposition of probation,

15 supervision or conditional discharge and any resentencing

16 or new court orders entered by a juvenile court relating

17 to the disposition of a minor's case involving delinquency

18 after such revocation; and (5) in any case in which a

19 firearm is alleged to have been used in the commission of

20 an offense, the serial number of any firearm involved in

21 the case, whether the firearm was reported as stolen on

22 the Illinois State Police publicly accessible database, or

23 if the serial number was obliterated, as provided by the

24 State's Attorney to the clerk of the circuit court at the

25 time of disposition.

26 (d) Fingerprints After Sentencing.

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1 (1) After the court pronounces sentence, sentences

2 a minor following a trial in which a minor was found to

3 be delinquent or issues an order of supervision or an

4 order of probation granted under Section 10 of the

5 Cannabis Control Act, Section 410 of the Illinois

6 Controlled Substances Act, Section 70 of the

7 Methamphetamine Control and Community Protection Act,

8 Section 12-4.3 or subdivision (b)(1) of Section

9 12-3.05 of the Criminal Code of 1961 or the Criminal

10 Code of 2012, Section 10-102 of the Illinois

11 Alcoholism and Other Drug Dependency Act, Section

12 40-10 of the Substance Use Disorder Act, Section 10 of

13 the Steroid Control Act, or Section 5-615 of the

14 Juvenile Court Act of 1987 for any offense which is

15 required by statute to be collected, maintained, or

16 disseminated by the Illinois State Police, the State's

17 Attorney of each county shall ask the court to order a

18 law enforcement agency to fingerprint immediately all

19 persons appearing before the court who have not

20 previously been fingerprinted for the same case. The

21 court shall so order the requested fingerprinting, if

22 it determines that any such person has not previously

23 been fingerprinted for the same case. The law

24 enforcement agency shall submit such fingerprints to

25 the Illinois State Police daily.

26 (2) After the court pronounces sentence or makes a

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1 disposition of a case following a finding of

2 delinquency for any offense which is not required by

3 statute to be collected, maintained, or disseminated

4 by the Illinois State Police, the prosecuting attorney

5 may ask the court to order a law enforcement agency to

6 fingerprint immediately all persons appearing before

7 the court who have not previously been fingerprinted

8 for the same case. The court may so order the requested

9 fingerprinting, if it determines that any so sentenced

10 person has not previously been fingerprinted for the

11 same case. The law enforcement agency may retain such

12 fingerprints in its files.

13 (e) Corrections Information. The Illinois Department

14 of Corrections and the sheriff of each county shall

15 furnish the Illinois State Police with all information

16 concerning the receipt, escape, execution, death, release,

17 pardon, parole, commutation of sentence, granting of

18 executive clemency or discharge of an individual who has

19 been sentenced or committed to the agency's custody for

20 any offenses which are mandated by statute to be

21 collected, maintained or disseminated by the Illinois

22 State Police. For an individual who has been charged with

23 any such offense and who escapes from custody or dies

24 while in custody, all information concerning the receipt

25 and escape or death, whichever is appropriate, shall also

26 be so furnished to the Illinois State Police.

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1 (Source: P.A. 104-5, eff. 1-1-26.)

2 (Text of Section after amendment by P.A. 104-459)

3 Sec. 2.1. For the purpose of maintaining complete and

4 accurate criminal records of the Illinois State Police, it is

5 necessary for all policing bodies of this State, the clerk of

6 the circuit court, the Illinois Department of Corrections, the

7 sheriff of each county, and State's Attorney of each county to

8 submit certain criminal arrest, charge, and disposition

9 information to the Illinois State Police for filing at the

10 earliest time possible. Unless otherwise noted herein, it

11 shall be the duty of all policing bodies of this State, the

12 clerk of the circuit court, the Illinois Department of

13 Corrections, the sheriff of each county, and the State's

14 Attorney of each county to report such information as provided

15 in this Section, both in the form and manner required by the

16 Illinois State Police and within 30 days of the criminal

17 history event. Specifically:

18 (a) Arrest Information. All agencies making arrests

19 for offenses which are required by statute to be

20 collected, maintained or disseminated by the Illinois

21 State Police shall be responsible for furnishing daily to

22 the Illinois State Police fingerprints, charges and

23 descriptions of all persons who are arrested for such

24 offenses. All such agencies shall also notify the Illinois

25 State Police of all decisions by the arresting agency not

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1 to refer such arrests for prosecution. With approval of

2 the Illinois State Police, an agency making such arrests

3 may enter into arrangements with other agencies for the

4 purpose of furnishing daily such fingerprints, charges and

5 descriptions to the Illinois State Police upon its behalf.

6 (b) Charge Information. The State's Attorney of each

7 county shall notify the Illinois State Police of all

8 charges filed and all petitions filed alleging that a

9 minor is delinquent, including all those added subsequent

10 to the filing of a case, and whether charges were not filed

11 in cases for which the Illinois State Police has received

12 information required to be reported pursuant to paragraph

13 (a) of this Section. With approval of the Illinois State

14 Police, the State's Attorney may enter into arrangements

15 with other agencies for the purpose of furnishing the

16 information required by this subsection (b) to the

17 Illinois State Police upon the State's Attorney's behalf.

18 (c) Disposition Information. The clerk of the circuit

19 court of each county shall furnish the Illinois State

20 Police, in the form and manner required by the Supreme

21 Court, with all final dispositions of cases for which the

22 Illinois State Police has received information required to

23 be reported pursuant to paragraph (a) or (d) of this

24 Section. Such information shall include, for each charge,

25 all (1) judgments of not guilty, judgments of guilty

26 including the sentence pronounced by the court with

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1 statutory citations to the relevant sentencing provision,

2 findings that a minor is delinquent and any sentence made

3 based on those findings, discharges and dismissals in the

4 court; (2) reviewing court orders filed with the clerk of

5 the circuit court which reverse or remand a reported

6 conviction or findings that a minor is delinquent or that

7 vacate or modify a sentence or sentence made following a

8 trial that a minor is delinquent; (3) continuances to a

9 date certain in furtherance of an order of supervision

10 granted under Section 5-6-1 of the Unified Code of

11 Corrections or an order of probation granted under Section

12 10 of the Cannabis Control Act, Section 410 of the

13 Illinois Controlled Substances Act, Section 70 of the

14 Methamphetamine Control and Community Protection Act,

15 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

16 the Criminal Code of 1961 or the Criminal Code of 2012,

17 Section 10-102 of the Illinois Alcoholism and Other Drug

18 Dependency Act, Section 40-10 of the Substance Use

19 Disorder Act, Section 10 of the Steroid Control Act, or

20 Section 5-615 of the Juvenile Court Act of 1987; (4)

21 judgments or court orders terminating or revoking a

22 sentence to or juvenile disposition of probation,

23 supervision or conditional discharge, judgment or court

24 orders of discharge from probation or conditional

25 discharge, and any resentencing or new court orders

26 entered by a juvenile court relating to the disposition of

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1 a minor's case involving delinquency after such

2 revocation; and (5) in any case in which a firearm is

3 alleged to have been used in the commission of an offense,

4 the serial number of any firearm involved in the case,

5 whether the firearm was reported as stolen on the Illinois

6 State Police publicly accessible database, or if the

7 serial number was obliterated, as provided by the State's

8 Attorney to the clerk of the circuit court at the time of

9 disposition. The Illinois State Police may provide reports

10 of cases with missing disposition information to the clerk

11 of the circuit court. Each clerk of the circuit court

12 receiving a report of cases with missing disposition

13 information shall respond within 30 days after receiving

14 the report unless the volume of records in the report

15 renders that timeline impracticable.

16 (d) Fingerprints After Sentencing.

17 (1) After the court pronounces sentence, sentences

18 a minor following a trial in which a minor was found to

19 be delinquent or issues an order of supervision or an

20 order of probation granted under Section 10 of the

21 Cannabis Control Act, Section 410 of the Illinois

22 Controlled Substances Act, Section 70 of the

23 Methamphetamine Control and Community Protection Act,

24 Section 12-4.3 or subdivision (b)(1) of Section

25 12-3.05 of the Criminal Code of 1961 or the Criminal

26 Code of 2012, Section 10-102 of the Illinois

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1 Alcoholism and Other Drug Dependency Act, Section

2 40-10 of the Substance Use Disorder Act, Section 10 of

3 the Steroid Control Act, or Section 5-615 of the

4 Juvenile Court Act of 1987 for any offense which is

5 required by statute to be collected, maintained, or

6 disseminated by the Illinois State Police, the State's

7 Attorney of each county shall ask the court to order a

8 law enforcement agency to fingerprint immediately all

9 persons appearing before the court who have not

10 previously been fingerprinted for the same case. The

11 court shall so order the requested fingerprinting, if

12 it determines that any such person has not previously

13 been fingerprinted for the same case. The law

14 enforcement agency shall submit such fingerprints to

15 the Illinois State Police daily.

16 (2) After the court pronounces sentence or makes a

17 disposition of a case following a finding of

18 delinquency for any offense which is not required by

19 statute to be collected, maintained, or disseminated

20 by the Illinois State Police, the prosecuting attorney

21 may ask the court to order a law enforcement agency to

22 fingerprint immediately all persons appearing before

23 the court who have not previously been fingerprinted

24 for the same case. The court may so order the requested

25 fingerprinting, if it determines that any so sentenced

26 person has not previously been fingerprinted for the

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1 same case. The law enforcement agency may retain such

2 fingerprints in its files.

3 (e) Corrections Information. The Illinois Department

4 of Corrections and the sheriff of each county shall

5 furnish the Illinois State Police with all information

6 concerning the receipt, escape, execution, death, release,

7 pardon, parole, commutation of sentence, granting of

8 executive clemency or discharge of an individual who has

9 been sentenced or committed to the agency's custody for

10 any offenses which are mandated by statute to be

11 collected, maintained or disseminated by the Illinois

12 State Police. For an individual who has been charged with

13 any such offense and who escapes from custody or dies

14 while in custody, all information concerning the receipt

15 and escape or death, whichever is appropriate, shall also

16 be so furnished to the Illinois State Police.

17 (f) Any entity required to report information

18 concerning criminal arrests, charges, and dispositions

19 pursuant to Section 2.1 or 5 of this Act shall respond to

20 any notice advising the entity of missing or incomplete

21 information or an error in the reporting of the

22 information as follows:

23 (1) Responses shall be made within 30 days after

24 the notice from the Illinois State Police unless the

25 volume of records in the report renders that timeline

26 impracticable.

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1 (2) Responses shall include the missing or

2 incomplete information, correction of the error or an

3 explanation detailing the reason the information

4 cannot be provided or corrected, and an estimated

5 timeframe for compliance.

6 (Source: P.A. 104-5, eff. 1-1-26; 104-459, eff. 6-1-26.)

7 Section 10. The Mental Health and Developmental

8 Disabilities Code is amended by changing Section 6-103.3 as

9 follows:

10 (405 ILCS 5/6-103.3)

11 Sec. 6-103.3. Clear and present danger; notice. If a

12 person is determined to pose a clear and present danger to

13 himself, herself, or to others by a physician, clinical

14 psychologist, advanced practice psychiatric nurse, or

15 qualified examiner, whether employed by the State, by any

16 public or private mental health facility or part thereof, or

17 by a law enforcement official or a school administrator, then

18 the physician, clinical psychologist, advanced practice

19 psychiatric nurse, or qualified examiner shall notify the

20 Department of Human Services and a law enforcement official or

21 school administrator shall notify the Illinois State Police,

22 within 24 hours of making the determination that the person

23 poses a clear and present danger. The Department of Human

24 Services shall immediately update its records and information

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1 relating to mental health and developmental disabilities, and

2 if appropriate, shall notify the Illinois State Police in a

3 form and manner prescribed by the Illinois State Police.

4 Information disclosed under this Section shall remain

5 privileged and confidential, and shall not be redisclosed,

6 except as required under subsection (e) of Section 3.1 of the

7 Firearm Owners Identification Card Act, nor used for any other

8 purpose. The method of providing this information shall

9 guarantee that the information is not released beyond that

10 which is necessary for the purpose of this Section and shall be

11 provided by rule by the Department of Human Services.

12 Notwithstanding any other provision of this Act or any other

13 law to the contrary, the ~~The~~ identity of the person reporting

14 under this Section shall not be disclosed to the subject of the

15 report unless ordered by the Firearm Owner's Identification

16 Card Review Board or a court with appropriate jurisdiction in

17 accordance with Section 10 of the Firearm Owners

18 Identification Card Act. The physician, clinical psychologist,

19 advanced practice psychiatric nurse, qualified examiner, law

20 enforcement official, or school administrator making the

21 determination and his or her employer shall not be held

22 criminally, civilly, or professionally liable for making or

23 not making the notification required under this Section,

24 except for willful or wanton misconduct. The Department of

25 Human Services and its employees or agents shall not be held

26 liable for damages in any civil action arising from the

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1 disclosure or nondisclosure of the information released to an

2 individual in accordance with Section 10 of the Firearm Owners

3 Identification Card Act, except for willful and wanton

4 misconduct. This Section does not apply to a law enforcement

5 official, if making the notification under this Section will

6 interfere with an ongoing or pending criminal investigation.

7 For the purposes of this Section:

8 "Clear and present danger" has the meaning ascribed to

9 it in Section 1.1 of the Firearm Owners Identification

10 Card Act.

11 "Determined to pose a clear and present danger to

12 himself, herself, or to others by a physician, clinical

13 psychologist, advanced practice psychiatric nurse, or

14 qualified examiner" means in the professional opinion of

15 the physician, clinical psychologist, advanced practice

16 psychiatric nurse, or qualified examiner, a person, with

17 whom the physician, psychologist, nurse, or examiner has a

18 formal relationship in his or her official capacity, poses

19 a clear and present danger.

20 "School administrator" means the person required to

21 report under the School Administrator Reporting of Mental

22 Health Clear and Present Danger Determinations Law.

23 (Source: P.A. 104-270, eff. 8-15-25.)

24 Section 15. The Firearm Owners Identification Card Act is

25 amended by changing Sections 1.1 and 8 as follows:

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1 (430 ILCS 65/1.1)

2 Sec. 1.1. For purposes of this Act:

3 "Addicted to narcotics" means a person who has been:

4 (1) convicted of an offense involving the use or

5 possession of cannabis, a controlled substance, or

6 methamphetamine within the past year; or

7 (2) determined by the Illinois State Police to be

8 addicted to narcotics based upon federal law or federal

9 guidelines.

10 "Addicted to narcotics" does not include possession or use

11 of a prescribed controlled substance under the direction and

12 authority of a physician or other person authorized to

13 prescribe the controlled substance when the controlled

14 substance is used in the prescribed manner.

15 "Adjudicated as a person with a mental disability" means

16 the person is the subject of a determination by a court, board,

17 commission or other lawful authority that the person, as a

18 result of marked subnormal intelligence, or mental illness,

19 mental impairment, incompetency, condition, or disease:

20 (1) presents a clear and present danger to himself,

21 herself, or to others;

22 (2) lacks the mental capacity to manage his or her own

23 affairs or is adjudicated a person with a disability as

24 defined in Section 11a-2 of the Probate Act of 1975;

25 (3) is not guilty in a criminal case by reason of

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1 insanity, mental disease or defect;

2 (3.5) is guilty but mentally ill, as provided in

3 Section 5-2-6 of the Unified Code of Corrections;

4 (4) is incompetent to stand trial in a criminal case;

5 (5) is not guilty by reason of lack of mental

6 responsibility under Articles 50a and 72b of the Uniform

7 Code of Military Justice, 10 U.S.C. 850a, 876b;

8 (6) is a sexually violent person under subsection (f)

9 of Section 5 of the Sexually Violent Persons Commitment

10 Act;

11 (7) is a sexually dangerous person under the Sexually

12 Dangerous Persons Act;

13 (8) is unfit to stand trial under the Juvenile Court

14 Act of 1987;

15 (9) is not guilty by reason of insanity under the

16 Juvenile Court Act of 1987;

17 (10) is subject to involuntary admission as an

18 inpatient as defined in Section 1-119 of the Mental Health

19 and Developmental Disabilities Code;

20 (11) is subject to involuntary admission as an

21 outpatient as defined in Section 1-119.1 of the Mental

22 Health and Developmental Disabilities Code;

23 (12) is subject to judicial admission as set forth in

24 Section 4-500 of the Mental Health and Developmental

25 Disabilities Code; or

26 (13) is subject to the provisions of the Interstate

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1 Agreements on Sexually Dangerous Persons Act.

2 "Advanced practice psychiatric nurse" has the meaning

3 ascribed to that term in Section 1-101.3 of the Mental Health

4 and Developmental Disabilities Code.

5 "Clear and present danger" means a person who:

6 (1) communicates a serious threat of physical violence

7 against a reasonably identifiable victim or poses a clear

8 and imminent risk of serious physical injury to himself,

9 herself, or another person as determined by a physician,

10 clinical psychologist, advanced practice psychiatric

11 nurse, or qualified examiner; or

12 (2) demonstrates threatening physical or verbal

13 behavior, such as violent, suicidal, or assaultive

14 threats, actions, or other behavior, as determined by a

15 physician, clinical psychologist, advanced practice

16 psychiatric nurse, qualified examiner, school

17 administrator, or law enforcement official.

18 "Clinical psychologist" has the meaning provided in

19 Section 1-103 of the Mental Health and Developmental

20 Disabilities Code.

21 "Collateral records" means (1) any medical records related

22 to the patient's current and past clinical or mental status

23 and history from the last 5 years from all current and prior

24 physicians, qualified examiners, clinical psychologists,

25 advanced practice psychiatric nurses, or any other individuals

26 who provided health care services, as that term is defined in

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1 the Managed Care Reform and Patient Rights Act, to the patient

2 and (2) correspondence or other communication between the FOID

3 reinstatement mental health evaluator and the patient's

4 current and prior physicians, qualified examiners, clinical

5 psychologists, advanced practice psychiatric nurses, or any

6 other individuals who provided health care services, as that

7 term is defined in Managed Care Reform and Patient Rights Act,

8 to the patient, if any.

9 "Controlled substance" means a controlled substance or

10 controlled substance analog as defined in the Illinois

11 Controlled Substances Act.

12 "Counterfeit" means to copy or imitate, without legal

13 authority, with intent to deceive.

14 "Department of Financial and Professional

15 Regulation-approved continuing education sponsor" means a

16 person, firm, association, corporation, or any other group

17 that is approved by the Department of Financial and

18 Professional Regulation to coordinate and present continuing

19 education courses or programs.

20 "Developmental disability" means a severe, chronic

21 disability of an individual that:

22 (1) is attributable to a mental or physical impairment

23 or combination of mental and physical impairments;

24 (2) is manifested before the individual attains age

25 22;

26 (3) is likely to continue indefinitely;

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1 (4) results in substantial functional limitations in 3

2 or more of the following areas of major life activity:

3 (A) Self-care.

4 (B) Receptive and expressive language.

5 (C) Learning.

6 (D) Mobility.

7 (E) Self-direction.

8 (F) Capacity for independent living.

9 (G) Economic self-sufficiency; and

10 (5) reflects the individual's need for a combination

11 and sequence of special, interdisciplinary, or generic

12 services, individualized supports, or other forms of

13 assistance that are of lifelong or extended duration and

14 are individually planned and coordinated.

15 "Federally licensed firearm dealer" means a person who is

16 licensed as a federal firearms dealer under Section 923 of the

17 federal Gun Control Act of 1968 (18 U.S.C. 923).

18 "Firearm" means any device, by whatever name known, which

19 is designed to expel a projectile or projectiles by the action

20 of an explosion, expansion of gas or escape of gas; excluding,

21 however:

22 (1) any pneumatic gun, spring gun, paint ball gun, or

23 B-B gun which expels a single globular projectile not

24 exceeding .18 inch in diameter or which has a maximum

25 muzzle velocity of less than 700 feet per second;

26 (1.1) any pneumatic gun, spring gun, paint ball gun,

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1 or B-B gun which expels breakable paint balls containing

2 washable marking colors;

3 (2) any device used exclusively for signaling or

4 safety and required or recommended by the United States

5 Coast Guard or the Interstate Commerce Commission;

6 (3) any device used exclusively for the firing of stud

7 cartridges, explosive rivets or similar industrial

8 ammunition; and

9 (4) an antique firearm (other than a machine-gun)

10 which, although designed as a weapon, the Illinois State

11 Police finds by reason of the date of its manufacture,

12 value, design, and other characteristics is primarily a

13 collector's item and is not likely to be used as a weapon.

14 "Firearm ammunition" means any self-contained cartridge or

15 shotgun shell, by whatever name known, which is designed to be

16 used or adaptable to use in a firearm; excluding, however:

17 (1) any ammunition exclusively designed for use with a

18 device used exclusively for signaling or safety and

19 required or recommended by the United States Coast Guard

20 or the Interstate Commerce Commission; and

21 (2) any ammunition designed exclusively for use with a

22 stud or rivet driver or other similar industrial

23 ammunition.

24 "FOID reinstatement mental health evaluation" means a

25 mental health evaluation performed for the purpose of Firearm

26 Owner's Identification Card reinstatement by a FOID

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1 reinstatement mental health evaluator during at least 2 office

2 visits on separate, nonconsecutive days, with no more than one

3 office visit conducted by telehealth means, subject to the

4 professional discretion of the FOID reinstatement mental

5 health evaluator conducting the FOID reinstatement mental

6 health evaluation. "FOID reinstatement mental health

7 evaluation" includes a mental health evaluation that may

8 require more than 2 office visits, subject to the professional

9 discretion of the FOID reinstatement mental health evaluator

10 conducting the FOID reinstatement mental health evaluation.

11 "FOID reinstatement mental health evaluator" means an

12 individual who:

13 (1) is a qualified examiner, a licensed clinical

14 psychologist under the Clinical Psychologist Licensing

15 Act, a licensed advanced practice psychiatric nurse under

16 the Nurse Practice Act, or a physician licensed to

17 practice medicine in all its branches under the Medical

18 Practice Act of 1987 who is board-certified in psychiatry

19 by the American Board of Psychiatry and Neurology or the

20 American Osteopathic Board of Neurology and Psychiatry;

21 (2) starting July 1, 2027, has successfully completed

22 at least 3 hours of continuing education since the date of

23 the individual's initial licensing or license renewal,

24 whichever is most recent, provided by a Department of

25 Financial and Professional Regulation-approved continuing

26 education sponsor, that included education regarding

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1 suicide prevention and trauma evaluation;

2 (3) starting July 1, 2027, has successfully completed

3 within the prior calendar year joint training presented by

4 the Department of Human Services on mental health

5 reporting under this Act and by the Illinois State Police

6 on the issuance, revocation, and reinstatement of Firearm

7 Owner's Identification Cards under this Act; and

8 (4) maintains a practice location within the State of

9 Illinois or is authorized to provide telehealth services

10 to Illinois residents in compliance with Illinois law.

11 "FOID reinstatement mental health evaluator" does not

12 include an individual practicing in Illinois under temporary

13 practice authority, reciprocity provisions, interstate compact

14 provisions, or any other mechanism that does not constitute

15 full Illinois licensure.

16 "Gun show" means an event or function:

17 (1) at which the sale and transfer of firearms is the

18 regular and normal course of business and where 50 or more

19 firearms are displayed, offered, or exhibited for sale,

20 transfer, or exchange; or

21 (2) at which not less than 10 gun show vendors

22 display, offer, or exhibit for sale, sell, transfer, or

23 exchange firearms.

24 "Gun show" includes the entire premises provided for an

25 event or function, including parking areas for the event or

26 function, that is sponsored to facilitate the purchase, sale,

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1 transfer, or exchange of firearms as described in this

2 Section. Nothing in this definition shall be construed to

3 exclude a gun show held in conjunction with competitive

4 shooting events at the World Shooting Complex sanctioned by a

5 national governing body in which the sale or transfer of

6 firearms is authorized under subparagraph (5) of paragraph (g)

7 of subsection (A) of Section 24-3 of the Criminal Code of 2012.

8 Unless otherwise expressly stated, "gun show" does not

9 include training or safety classes, competitive shooting

10 events, such as rifle, shotgun, or handgun matches, trap,

11 skeet, or sporting clays shoots, dinners, banquets, raffles,

12 or any other event where the sale or transfer of firearms is

13 not the primary course of business.

14 "Gun show promoter" means a person who organizes or

15 operates a gun show.

16 "Gun show vendor" means a person who exhibits, sells,

17 offers for sale, transfers, or exchanges any firearms at a gun

18 show, regardless of whether the person arranges with a gun

19 show promoter for a fixed location from which to exhibit,

20 sell, offer for sale, transfer, or exchange any firearm.

21 "Intellectual disability" means significantly subaverage

22 general intellectual functioning, existing concurrently with

23 deficits in adaptive behavior and manifested during the

24 developmental period, which is defined as before the age of

25 22, that adversely affects a child's educational performance.

26 "Involuntarily admitted" has the meaning as prescribed in

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1 Sections 1-119 and 1-119.1 of the Mental Health and

2 Developmental Disabilities Code.

3 "Mental health facility" means any licensed private

4 hospital or hospital affiliate, institution, or facility, or

5 part thereof, and any facility, or part thereof, operated by

6 the State or a political subdivision thereof which provides

7 treatment of persons with mental illness and includes all

8 hospitals, institutions, clinics, evaluation facilities,

9 mental health centers, colleges, universities, long-term care

10 facilities, and nursing homes, or parts thereof, which provide

11 treatment of persons with mental illness whether or not the

12 primary purpose is to provide treatment of persons with mental

13 illness.

14 "National governing body" means a group of persons who

15 adopt rules and formulate policy on behalf of a national

16 firearm sporting organization.

17 "Noncitizen" means a person who is not a citizen of the

18 United States, but is a person who is a foreign-born person who

19 lives in the United States, has not been naturalized, and is

20 still a citizen of a foreign country.

21 "Patient" means:

22 (1) a person who is admitted as an inpatient or

23 resident of a public or private mental health facility for

24 mental health treatment under Chapter III of the Mental

25 Health and Developmental Disabilities Code as an informal

26 admission, a voluntary admission, a minor admission, an

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1 emergency admission, or an involuntary admission, unless

2 the treatment was solely for an alcohol abuse disorder; or

3 (2) a person who voluntarily or involuntarily receives

4 mental health treatment as an out-patient or is otherwise

5 provided services by a public or private mental health

6 facility and who poses a clear and present danger to

7 himself, herself, or others.

8 "Physician" has the meaning as defined in Section 1-120 of

9 the Mental Health and Developmental Disabilities Code.

10 "Protective order" means any orders of protection issued

11 under the Illinois Domestic Violence Act of 1986, stalking no

12 contact orders issued under the Stalking No Contact Order Act,

13 civil no contact orders issued under the Civil No Contact

14 Order Act, and firearms restraining orders issued under the

15 Firearms Restraining Order Act or a substantially similar

16 order issued by the court of another state, tribe, or United

17 States territory or military judge.

18 "Qualified examiner" has the meaning provided in Section

19 1-122 of the Mental Health and Developmental Disabilities

20 Code.

21 "Sanctioned competitive shooting event" means a shooting

22 contest officially recognized by a national or state shooting

23 sport association, and includes any sight-in or practice

24 conducted in conjunction with the event.

25 "School administrator" means the person required to report

26 under the School Administrator Reporting of Mental Health

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1 Clear and Present Danger Determinations Law.

2 "Stun gun or taser" has the meaning ascribed to it in

3 Section 24-1 of the Criminal Code of 2012.

4 (Source: P.A. 103-154, eff. 6-30-23; 103-407, eff. 7-28-23;

5 104-270, eff. 8-15-25.)

6 (430 ILCS 65/8)

7 Sec. 8. Grounds for denial and revocation. The Illinois

8 State Police has authority to deny an application for or to

9 revoke and seize a Firearm Owner's Identification Card

10 previously issued under this Act only if the Illinois State

11 Police finds that the applicant or the person to whom such card

12 was issued is or was at the time of issuance:

13 (a) A person under 21 years of age who has been

14 convicted of a misdemeanor other than a traffic offense or

15 adjudged delinquent;

16 (b) This subsection (b) applies through the 180th day

17 following July 12, 2019 (the effective date of Public Act

18 101-80). A person under 21 years of age who does not have

19 the written consent of his parent or guardian to acquire

20 and possess firearms and firearm ammunition, or whose

21 parent or guardian has revoked such written consent, or

22 where such parent or guardian does not qualify to have a

23 Firearm Owner's Identification Card;

24 (b-5) This subsection (b-5) applies on and after the

25 181st day following July 12, 2019 (the effective date of

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1 Public Act 101-80). A person under 21 years of age who is

2 not an active duty member of the United States Armed

3 Forces or the Illinois National Guard and does not have

4 the written consent of his or her parent or guardian to

5 acquire and possess firearms and firearm ammunition, or

6 whose parent or guardian has revoked such written consent,

7 or where such parent or guardian does not qualify to have a

8 Firearm Owner's Identification Card;

9 (c) A person convicted of a felony under the laws of

10 this or any other jurisdiction;

11 (d) A person addicted to narcotics;

12 (e) A person who has been a patient of a mental health

13 facility within the past 5 years or a person who has been a

14 patient in a mental health facility more than 5 years ago

15 who has not received the certification required under

16 subsection (u) of this Section. An active law enforcement

17 officer employed by a unit of government or a Department

18 of Corrections employee authorized to possess firearms who

19 is denied, revoked, or has his or her Firearm Owner's

20 Identification Card seized under this subsection (e) may

21 obtain relief as described in subsection (c-5) of Section

22 10 of this Act if the officer or employee did not act in a

23 manner threatening to the officer or employee, another

24 person, or the public as determined by the treating

25 clinical psychologist or physician, and the officer or

26 employee seeks mental health treatment;

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1 (f) A person whose mental condition is of such a

2 nature that it poses a clear and present danger to the

3 applicant, any other person or persons, or the community;

4 (g) A person who has an intellectual disability;

5 (h) A person who intentionally makes a false statement

6 in the Firearm Owner's Identification Card application or

7 endorsement affidavit;

8 (i) A noncitizen who is unlawfully present in the

9 United States under the laws of the United States;

10 (i-5) A noncitizen who has been admitted to the United

11 States under a non-immigrant visa (as that term is defined

12 in Section 101(a)(26) of the Immigration and Nationality

13 Act (8 U.S.C. 1101(a)(26))), except that this subsection

14 (i-5) does not apply to any noncitizen who has been

15 lawfully admitted to the United States under a

16 non-immigrant visa if that noncitizen is:

17 (1) admitted to the United States for lawful

18 hunting or sporting purposes;

19 (2) an official representative of a foreign

20 government who is:

21 (A) accredited to the United States Government

22 or the Government's mission to an international

23 organization having its headquarters in the United

24 States; or

25 (B) en route to or from another country to

26 which that noncitizen is accredited;

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1 (3) an official of a foreign government or

2 distinguished foreign visitor who has been so

3 designated by the Department of State;

4 (4) a foreign law enforcement officer of a

5 friendly foreign government entering the United States

6 on official business; or

7 (5) one who has received a waiver from the

8 Attorney General of the United States pursuant to 18

9 U.S.C. 922(y)(3);

10 (j) (Blank);

11 (k) A person who has been convicted within the past 5

12 years of battery, assault, aggravated assault, violation

13 of an order of protection, or a substantially similar

14 offense in another jurisdiction, in which a firearm was

15 used or possessed;

16 (l) A person who has been convicted of domestic

17 battery, aggravated domestic battery, or a substantially

18 similar offense in another jurisdiction committed before,

19 on or after January 1, 2012 (the effective date of Public

20 Act 97-158). If the applicant or person who has been

21 previously issued a Firearm Owner's Identification Card

22 under this Act knowingly and intelligently waives the

23 right to have an offense described in this paragraph (l)

24 tried by a jury, and by guilty plea or otherwise, results

25 in a conviction for an offense in which a domestic

26 relationship is not a required element of the offense but

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1 in which a determination of the applicability of 18 U.S.C.

2 922(g)(9) is made under Section 112A-11.1 of the Code of

3 Criminal Procedure of 1963, an entry by the court of a

4 judgment of conviction for that offense shall be grounds

5 for denying an application for and for revoking and

6 seizing a Firearm Owner's Identification Card previously

7 issued to the person under this Act;

8 (m) (Blank);

9 (n) A person who is prohibited from acquiring or

10 possessing firearms or firearm ammunition by any Illinois

11 State statute or by federal law;

12 (o) A minor subject to a petition filed under Section

13 5-520 of the Juvenile Court Act of 1987 alleging that the

14 minor is a delinquent minor for the commission of an

15 offense that if committed by an adult would be a felony;

16 (p) An adult who had been adjudicated a delinquent

17 minor under the Juvenile Court Act of 1987 for the

18 commission of an offense that if committed by an adult

19 would be a felony;

20 (q) A person who is not a resident of the State of

21 Illinois, except as provided in subsection (a-10) of

22 Section 4;

23 (r) A person who has been adjudicated as a person with

24 a mental disability;

25 (s) A person who has been found to have a

26 developmental disability;

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LRB104 19512 BDA 38321 a

1 (t) A person involuntarily admitted into a mental

2 health facility;

3 (u) A person who has had his or her Firearm Owner's

4 Identification Card revoked or denied under subsection (e)

5 of this Section or item (iv) of paragraph (2) of

6 subsection (a) of Section 4 of this Act because he or she

7 was a patient in a mental health facility as provided in

8 subsection (e) of this Section, shall not be permitted to

9 obtain a Firearm Owner's Identification Card, after the

10 5-year period has lapsed, unless he or she has received a

11 FOID reinstatement mental health evaluation ~~mental health~~

12 ~~evaluation~~ by a FOID reinstatement mental health evaluator

13 ~~physician, clinical psychologist, advanced practice~~

14 ~~psychiatric nurse, or qualified examiner as those terms~~

15 ~~are defined in the Mental Health and Developmental~~

16 ~~Disabilities Code,~~ and ~~has received~~ a certification that

17 he or she is not a clear and present danger to himself,

18 herself, or others. The FOID reinstatement mental health

19 evaluator shall provide the person seeking a FOID

20 reinstatement mental health evaluation written notice

21 that, upon completion of the FOID reinstatement mental

22 health evaluation, the results will be sent to the

23 Illinois State Police regardless of outcome. To receive a

24 FOID reinstatement mental health evaluation, a person must

25 provide written consent for the evaluation and for the

26 results to be disclosed to the Illinois State Police. The

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1 person receiving a FOID reinstatement mental health

2 evaluation shall provide, or approve the sharing of, all

3 collateral records to the FOID reinstatement mental health

4 evaluator making the certification, and the person shall

5 attest, by signature, that all collateral records have

6 been provided to the FOID reinstatement mental health

7 evaluator before the FOID reinstatement mental health

8 evaluation. The FOID reinstatement mental health

9 evaluator, as part of the certification, shall attest that

10 the FOID reinstatement mental health evaluator has

11 requested, received, reviewed, and considered all of the

12 person's collateral records known to the FOID

13 reinstatement mental health evaluator in making the

14 determination that the person is not a clear and present

15 danger to self or others. In addition, the FOID

16 reinstatement mental health evaluator shall identify the

17 types of collateral records received. The FOID

18 reinstatement mental health evaluator shall not redisclose

19 information contained in the collateral records. If no

20 collateral records are obtained, the FOID reinstatement

21 mental health evaluator must document the efforts used to

22 obtain the collateral records. The FOID reinstatement

23 mental health evaluator ~~physician, clinical psychologist,~~

24 ~~advanced practice psychiatric nurse, or qualified examiner~~

25 ~~making the certification~~ and his or her employer shall not

26 be held criminally, civilly, or professionally liable for

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1 making or not making the certification required under this

2 subsection, except for willful or wanton misconduct. This

3 subsection does not apply to a person whose firearm

4 possession rights have been restored through

5 administrative or judicial action under Section 10 or 11

6 of this Act. The results of all FOID reinstatement mental

7 health evaluations that are performed under this

8 subsection (u) on or after the effective date of this

9 amendatory Act of the 104th General Assembly shall be

10 transmitted to the Illinois State Police, and a copy shall

11 be shared with the person who received the FOID

12 reinstatement mental health evaluation. A FOID

13 reinstatement mental health evaluator who complies with

14 the requirements of this subsection and documents

15 reasonable attempts to obtain collateral records shall not

16 be subject to professional discipline, civil liability, or

17 criminal liability based on: (1) the person's failure to

18 disclose all treatment history; (2) the existence of

19 collateral records that were not identified by the person

20 and not discovered through the FOID reinstatement mental

21 health evaluator's documented reasonable attempts; or (3)

22 the FOID reinstatement mental health evaluator's

23 determination that was made in good faith based on

24 information available at the time of the evaluation, even

25 if additional records are later discovered. This liability

26 protection shall not apply in cases of willful or wanton

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1 misconduct. To confirm that an individual is qualified to

2 perform FOID reinstatement mental health evaluations under

3 this subsection as a FOID reinstatement mental health

4 evaluator, the Illinois State Police shall have access to

5 a FOID reinstatement mental health evaluator's licensure

6 status from the Department of Financial and Professional

7 Regulation, and the FOID reinstatement mental health

8 evaluator shall provide all other records or documentation

9 establishing eligibility to perform such an evaluation

10 consistent with Section 1.1 with every FOID reinstatement

11 mental health evaluation completed; or

12 (v) A person who fails 2 or more times to report a loss

13 or theft of a firearm within 48 hours of the discovery of

14 such loss or theft to local law enforcement as required

15 under subsection (a) of Section 24-4.1 of the Criminal

16 Code of 2012.

17 Upon revocation of a person's Firearm Owner's

18 Identification Card, the Illinois State Police shall provide

19 notice to the person and the person shall comply with Section

20 9.5 of this Act.

21 (Source: P.A. 104-31, eff. 1-1-26; 104-270, eff. 8-15-25;

22 revised 11-21-25.)

23 Section 20. The Mental Health and Developmental

24 Disabilities Confidentiality Act is amended by changing

25 Section 12 as follows:

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1 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

2 Sec. 12. (a) If the United States Secret Service or the

3 Illinois State Police requests information from a mental

4 health or developmental disability facility, as defined in

5 Section 1-107 and 1-114 of the Mental Health and Developmental

6 Disabilities Code, relating to a specific recipient and the

7 facility director determines that disclosure of such

8 information may be necessary to protect the life of, or to

9 prevent the infliction of great bodily harm to, a public

10 official, or a person under the protection of the United

11 States Secret Service, only the following information may be

12 disclosed: the recipient's name, address, and age and the date

13 of any admission to or discharge from a facility; and any

14 information which would indicate whether or not the recipient

15 has a history of violence or presents a danger of violence to

16 the person under protection. Any information so disclosed

17 shall be used for investigative purposes only and shall not be

18 publicly disseminated. Any person participating in good faith

19 in the disclosure of such information in accordance with this

20 provision shall have immunity from any liability, civil,

21 criminal or otherwise, if such information is disclosed

22 relying upon the representation of an officer of the United

23 States Secret Service or the Illinois State Police that a

24 person is under the protection of the United States Secret

25 Service or is a public official.

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1 For the purpose of this subsection (a), the term "public

2 official" means the Governor, Lieutenant Governor, Attorney

3 General, Secretary of State, State Comptroller, State

4 Treasurer, member of the General Assembly, member of the

5 United States Congress, Judge of the United States as defined

6 in 28 U.S.C. 451, Justice of the United States as defined in 28

7 U.S.C. 451, United States Magistrate Judge as defined in 28

8 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

9 Supreme, Appellate, Circuit, or Associate Judge of the State

10 of Illinois. The term shall also include the spouse, child or

11 children of a public official.

12 (b) The Department of Human Services (acting as successor

13 to the Department of Mental Health and Developmental

14 Disabilities) and all public or private hospitals and mental

15 health facilities are required, as hereafter described in this

16 subsection, to furnish the Illinois State Police only such

17 information as may be required for the sole purpose of

18 determining whether an individual who may be or may have been a

19 patient is disqualified because of that status from receiving

20 or retaining a Firearm Owner's Identification Card or falls

21 within the federal prohibitors under subsection (e), (f), (g),

22 (r), (s), or (t) of Section 8 of the Firearm Owners

23 Identification Card Act, or falls within the federal

24 prohibitors in 18 U.S.C. 922(g) and (n). All physicians,

25 clinical psychologists, or qualified examiners at public or

26 private mental health facilities or parts thereof as defined

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1 in this subsection shall, in the form and manner required by

2 the Department, provide notice directly to the Department of

3 Human Services, or to his or her employer who shall then report

4 to the Department, within 24 hours after determining that a

5 person poses a clear and present danger to himself, herself,

6 or others, or within 7 days after a person 14 years or older is

7 determined to be a person with a developmental disability by a

8 physician, clinical psychologist, or qualified examiner as

9 described in Section 1.1 of the Firearm Owners Identification

10 Card Act. If a person is a patient as described in clause (1)

11 of the definition of "patient" in Section 1.1 of the Firearm

12 Owners Identification Card Act, this information shall be

13 furnished within 7 days after admission to a public or private

14 hospital or mental health facility or the provision of

15 services. Any such information disclosed under this subsection

16 shall remain privileged and confidential, and shall not be

17 redisclosed, except as required by subsection (e) of Section

18 3.1 of the Firearm Owners Identification Card Act, nor

19 utilized for any other purpose. The method of requiring the

20 providing of such information shall guarantee that no

21 information is released beyond what is necessary for this

22 purpose. In addition, the information disclosed shall be

23 provided by the Department within the time period established

24 by Section 24-3 of the Criminal Code of 2012 regarding the

25 delivery of firearms. The method used shall be sufficient to

26 provide the necessary information within the prescribed time

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1 period, which may include periodically providing lists to the

2 Department of Human Services or any public or private hospital

3 or mental health facility of Firearm Owner's Identification

4 Card applicants on which the Department or hospital shall

5 indicate the identities of those individuals who are to its

6 knowledge disqualified from having a Firearm Owner's

7 Identification Card for reasons described herein. The

8 Department may provide for a centralized source of information

9 for the State on this subject under its jurisdiction.

10 Notwithstanding any other provision of this Act or any other

11 law to the contrary, the ~~The~~ identity of the person reporting

12 under this subsection shall not be disclosed to the subject of

13 the report unless ordered by the Firearm Owner's

14 Identification Card Review Board or a court with appropriate

15 jurisdiction in accordance with Section 10 of the Firearm

16 Owners Identification Card Act. For the purposes of this

17 subsection, the physician, clinical psychologist, or qualified

18 examiner making the determination and his or her employer

19 shall not be held criminally, civilly, or professionally

20 liable for making or not making the notification required

21 under this subsection, except for willful or wanton

22 misconduct. The Department of Human Services and its employees

23 or agents shall not be held liable for damages in any civil

24 action arising from the disclosure or nondisclosure of the

25 information released to an individual in accordance with

26 Section 10 of the Firearm Owners Identification Card Act,

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1 except for willful or wanton misconduct.

2 Any person, institution, or agency, under this Act,

3 participating in good faith in the reporting or disclosure of

4 records and communications otherwise in accordance with this

5 provision or with rules, regulations or guidelines issued by

6 the Department shall have immunity from any liability, civil,

7 criminal or otherwise, that might result by reason of the

8 action. For the purpose of any proceeding, civil or criminal,

9 arising out of a report or disclosure in accordance with this

10 provision, the good faith of any person, institution, or

11 agency so reporting or disclosing shall be presumed. The full

12 extent of the immunity provided in this subsection (b) shall

13 apply to any person, institution or agency that fails to make a

14 report or disclosure in the good faith belief that the report

15 or disclosure would violate federal regulations governing the

16 confidentiality of alcohol and drug abuse patient records

17 implementing 42 U.S.C. 290dd-3 and 290ee-3.

18 For purposes of this subsection (b) only, the following

19 terms shall have the meaning prescribed:

20 (1) (Blank).

21 (1.3) "Clear and present danger" has the meaning as

22 defined in Section 1.1 of the Firearm Owners

23 Identification Card Act.

24 (1.5) "Person with a developmental disability" has the

25 meaning as defined in Section 1.1 of the Firearm Owners

26 Identification Card Act.

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1 (2) "Patient" has the meaning as defined in Section

2 1.1 of the Firearm Owners Identification Card Act.

3 (3) "Mental health facility" has the meaning as

4 defined in Section 1.1 of the Firearm Owners

5 Identification Card Act.

6 (c) Upon the request of a peace officer who takes a person

7 into custody and transports such person to a mental health or

8 developmental disability facility pursuant to Section 3-606 or

9 4-404 of the Mental Health and Developmental Disabilities Code

10 or who transports a person from such facility, a facility

11 director shall furnish said peace officer the name, address,

12 age and name of the nearest relative of the person transported

13 to or from the mental health or developmental disability

14 facility. In no case shall the facility director disclose to

15 the peace officer any information relating to the diagnosis,

16 treatment or evaluation of the person's mental or physical

17 health.

18 For the purposes of this subsection (c), the terms "mental

19 health or developmental disability facility", "peace officer"

20 and "facility director" shall have the meanings ascribed to

21 them in the Mental Health and Developmental Disabilities Code.

22 (d) Upon the request of a peace officer or prosecuting

23 authority who is conducting a bona fide investigation of a

24 criminal offense, or attempting to apprehend a fugitive from

25 justice, a facility director may disclose whether a person is

26 present at the facility. Upon request of a peace officer or

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1 prosecuting authority who has a valid forcible felony warrant

2 issued, a facility director shall disclose: (1) whether the

3 person who is the subject of the warrant is present at the

4 facility and (2) the date of that person's discharge or future

5 discharge from the facility. The requesting peace officer or

6 prosecuting authority must furnish a case number and the

7 purpose of the investigation or an outstanding arrest warrant

8 at the time of the request. Any person, institution, or agency

9 participating in good faith in disclosing such information in

10 accordance with this subsection (d) is immune from any

11 liability, civil, criminal or otherwise, that might result by

12 reason of the action.

13 (Source: P.A. 102-538, eff. 8-20-21.)

14 Section 95. No acceleration or delay. Where this Act makes

15 changes in a statute that is represented in this Act by text

16 that is not yet or no longer in effect (for example, a Section

17 represented by multiple versions), the use of that text does

18 not accelerate or delay the taking effect of (i) the changes

19 made by this Act or (ii) provisions derived from any other

20 Public Act.".