Bill Amendment: IL SB2249 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FOID-MENTAL HEALTH-CORRECTIONS
Status: 2021-08-27 - Public Act . . . . . . . . . 102-0645 [SB2249 Detail]
Download: Illinois-2021-SB2249-House_Amendment_001.html
Bill Title: FOID-MENTAL HEALTH-CORRECTIONS
Status: 2021-08-27 - Public Act . . . . . . . . . 102-0645 [SB2249 Detail]
Download: Illinois-2021-SB2249-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2249
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2 | AMENDMENT NO. ______. Amend Senate Bill 2249 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Sections 8 and 10 as follows:
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6 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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7 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
8 | of 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 Department finds | ||||||
11 | that the
applicant or the person to whom such card was issued | ||||||
12 | is or was at the time
of issuance:
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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;
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16 | (b) This subsection (b) applies through the 180th day |
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1 | following the effective date of this amendatory Act of the | ||||||
2 | 101st General Assembly. A person under 21 years of age who | ||||||
3 | does not have the written consent
of his parent or | ||||||
4 | guardian to acquire and possess firearms and firearm
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5 | ammunition, or whose parent or guardian has revoked such | ||||||
6 | written consent,
or where such parent or guardian does not | ||||||
7 | qualify to have a Firearm Owner's
Identification Card; | ||||||
8 | (b-5) This subsection (b-5) applies on and after the | ||||||
9 | 181st day following the effective date of this amendatory | ||||||
10 | Act of the 101st General Assembly. A person under 21 years | ||||||
11 | of age who is not an active duty member of the United | ||||||
12 | States Armed Forces and does not have the written consent
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13 | of his or her parent or guardian to acquire and possess | ||||||
14 | firearms and firearm
ammunition, or whose parent or | ||||||
15 | guardian has revoked such written consent,
or where such | ||||||
16 | parent or guardian does not qualify to have a Firearm | ||||||
17 | Owner's
Identification Card;
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18 | (c) A person convicted of a felony under the laws of | ||||||
19 | this or any other
jurisdiction;
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20 | (d) A person addicted to narcotics;
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21 | (e) A person who has been a patient of a mental health | ||||||
22 | facility within the
past 5 years or a person who has been a | ||||||
23 | patient in a mental health facility more than 5 years ago | ||||||
24 | who has not received the certification required under | ||||||
25 | subsection (u) of this Section. An active law enforcement | ||||||
26 | officer employed by a unit of government or a Department |
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1 | of Corrections employee authorized to possess firearms who | ||||||
2 | is denied, revoked, or has his or her Firearm Owner's | ||||||
3 | Identification Card seized under this subsection (e) may | ||||||
4 | obtain relief as described in subsection (c-5) of Section | ||||||
5 | 10 of this Act if the officer or employee did not act in a | ||||||
6 | manner threatening to the officer or employee , another | ||||||
7 | person, or the public as determined by the treating | ||||||
8 | clinical psychologist or physician, and the officer or | ||||||
9 | employee seeks mental health treatment;
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10 | (f) A person whose mental condition is of such a | ||||||
11 | nature that it poses
a clear and present danger to the | ||||||
12 | applicant, any other person or persons or
the community;
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13 | (g) A person who has an intellectual disability;
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14 | (h) A person who intentionally makes a false statement | ||||||
15 | in the Firearm
Owner's Identification Card application;
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16 | (i) An alien who is unlawfully present in
the United | ||||||
17 | States under the laws of the United States;
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18 | (i-5) An alien who has been admitted to the United | ||||||
19 | States under a
non-immigrant visa (as that term is defined | ||||||
20 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
21 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
22 | (i-5) does not apply to any alien who has been lawfully | ||||||
23 | admitted to
the United States under a non-immigrant visa | ||||||
24 | if that alien is:
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25 | (1) admitted to the United States for lawful | ||||||
26 | hunting or sporting purposes;
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1 | (2) an official representative of a foreign | ||||||
2 | government who is:
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3 | (A) accredited to the United States Government | ||||||
4 | or the Government's
mission to an international | ||||||
5 | organization having its headquarters in the United
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6 | States; or
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7 | (B) en route to or from another country to | ||||||
8 | which that alien is
accredited;
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9 | (3) an official of a foreign government or | ||||||
10 | distinguished foreign visitor
who has been so | ||||||
11 | designated by the Department of State;
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12 | (4) a foreign law enforcement officer of a | ||||||
13 | friendly foreign government
entering the United States | ||||||
14 | on official business; or
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15 | (5) one who has received a waiver from the | ||||||
16 | Attorney General of the United
States pursuant to 18 | ||||||
17 | U.S.C. 922(y)(3);
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18 | (j) (Blank);
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19 | (k) A person who has been convicted within the past 5 | ||||||
20 | years of battery,
assault, aggravated assault, violation | ||||||
21 | of an order of protection, or a
substantially similar | ||||||
22 | offense in another jurisdiction, in which a firearm was
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23 | used or possessed;
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24 | (l) A person who has been convicted of domestic | ||||||
25 | battery, aggravated domestic battery, or a substantially
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26 | similar offense in another jurisdiction committed before, |
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1 | on or after January 1, 2012 (the effective date of Public | ||||||
2 | Act 97-158). If the applicant or person who has been | ||||||
3 | previously issued a Firearm Owner's Identification Card | ||||||
4 | under this Act knowingly and intelligently waives the | ||||||
5 | right to have an offense described in this paragraph (l) | ||||||
6 | tried by a jury, and by guilty plea or otherwise, results | ||||||
7 | in a conviction for an offense in which a domestic | ||||||
8 | relationship is not a required element of the offense but | ||||||
9 | in which a determination of the applicability of 18 U.S.C. | ||||||
10 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
11 | Criminal Procedure of 1963, an entry by the court of a | ||||||
12 | judgment of conviction for that offense shall be grounds | ||||||
13 | for denying an application for and for revoking and | ||||||
14 | seizing a Firearm Owner's Identification Card previously | ||||||
15 | issued to the person under this Act;
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16 | (m) (Blank);
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17 | (n) A person who is prohibited from acquiring or | ||||||
18 | possessing
firearms or firearm ammunition by any Illinois | ||||||
19 | State statute or by federal
law;
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20 | (o) A minor subject to a petition filed under Section | ||||||
21 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
22 | minor is a delinquent minor for
the commission of an | ||||||
23 | offense that if committed by an adult would be a felony;
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24 | (p) An adult who had been adjudicated a delinquent | ||||||
25 | minor under the Juvenile
Court Act of 1987 for the | ||||||
26 | commission of an offense that if committed by an
adult |
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1 | would be a felony;
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2 | (q) A person who is not a resident of the State of | ||||||
3 | Illinois, except as provided in subsection (a-10) of | ||||||
4 | Section 4; | ||||||
5 | (r) A person who has been adjudicated as a person with | ||||||
6 | a mental disability; | ||||||
7 | (s) A person who has been found to have a | ||||||
8 | developmental disability; | ||||||
9 | (t) A person involuntarily admitted into a mental | ||||||
10 | health facility; or | ||||||
11 | (u) A person who has had his or her Firearm Owner's | ||||||
12 | Identification Card revoked or denied under subsection (e) | ||||||
13 | of this Section or item (iv) of paragraph (2) of | ||||||
14 | subsection (a) of Section 4 of this Act because he or she | ||||||
15 | was a patient in a mental health facility as provided in | ||||||
16 | subsection (e) of this Section, shall not be permitted to | ||||||
17 | obtain a Firearm Owner's Identification Card, after the | ||||||
18 | 5-year period has lapsed, unless he or she has received a | ||||||
19 | mental health evaluation by a physician, clinical | ||||||
20 | psychologist, or qualified examiner as those terms are | ||||||
21 | defined in the Mental Health and Developmental | ||||||
22 | Disabilities Code, and has received a certification that | ||||||
23 | he or she is not a clear and present danger to himself, | ||||||
24 | herself, or others. The physician, clinical psychologist, | ||||||
25 | or qualified examiner making the certification and his or | ||||||
26 | her employer shall not be held criminally, civilly, or |
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1 | professionally liable for making or not making the | ||||||
2 | certification required under this subsection, except for | ||||||
3 | willful or wanton misconduct. This subsection does not | ||||||
4 | apply to a person whose firearm possession rights have | ||||||
5 | been restored through administrative or judicial action | ||||||
6 | under Section 10 or 11 of this Act. | ||||||
7 | Upon revocation of a person's Firearm Owner's | ||||||
8 | Identification Card, the Department of State Police shall | ||||||
9 | provide notice to the person and the person shall comply with | ||||||
10 | Section 9.5 of this Act. | ||||||
11 | (Source: P.A. 101-80, eff. 7-12-19.)
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12 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
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13 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
14 | prohibitions. | ||||||
15 | (a) Whenever an application for a Firearm Owner's | ||||||
16 | Identification
Card is denied, whenever the Department fails | ||||||
17 | to act on an application
within 30 days of its receipt, or | ||||||
18 | whenever such a Card is revoked or seized
as provided for in | ||||||
19 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
20 | Director of State Police for a hearing upon
such denial, | ||||||
21 | revocation or seizure, unless the denial, revocation, or | ||||||
22 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
23 | stalking, domestic
battery, any violation of the Illinois | ||||||
24 | Controlled Substances Act, the Methamphetamine Control and | ||||||
25 | Community Protection Act, or the
Cannabis Control Act that is |
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1 | classified as a Class 2 or greater felony,
any
felony | ||||||
2 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012, or any
adjudication as a delinquent | ||||||
4 | minor for the commission of an
offense that if committed by an | ||||||
5 | adult would be a felony, in which case the
aggrieved party may | ||||||
6 | petition the circuit court in writing in the county of
his or | ||||||
7 | her residence for a hearing upon such denial, revocation, or | ||||||
8 | seizure.
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9 | (b) At least 30 days before any hearing in the circuit | ||||||
10 | court, the
petitioner shall serve the
relevant State's | ||||||
11 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
12 | object to the petition and present evidence. At the hearing | ||||||
13 | the court
shall
determine whether substantial justice has been | ||||||
14 | done. Should the court
determine that substantial justice has | ||||||
15 | not been done, the court shall issue an
order directing the | ||||||
16 | Department of State Police to issue a Card. However, the court | ||||||
17 | shall not issue the order if the petitioner is otherwise | ||||||
18 | prohibited from obtaining, possessing, or using a firearm | ||||||
19 | under
federal law.
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20 | (c) Any person prohibited from possessing a firearm under | ||||||
21 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
22 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
23 | 8 of this Act may apply to
the Director
of State Police
or | ||||||
24 | petition the circuit court in the county where the petitioner | ||||||
25 | resides,
whichever is applicable in accordance with subsection | ||||||
26 | (a) of this Section,
requesting relief
from such prohibition |
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1 | and the Director or court may grant such relief if it
is
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2 | established by the applicant to the court's or Director's | ||||||
3 | satisfaction
that:
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4 | (0.05) when in the circuit court, the State's Attorney | ||||||
5 | has been served
with a written
copy of the
petition at | ||||||
6 | least 30 days before any such hearing in the circuit court | ||||||
7 | and at
the hearing the
State's Attorney was afforded an | ||||||
8 | opportunity to present evidence and object to
the | ||||||
9 | petition;
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10 | (1) the applicant has not been convicted of a forcible | ||||||
11 | felony under the
laws of this State or any other | ||||||
12 | jurisdiction within 20 years of the
applicant's | ||||||
13 | application for a Firearm Owner's Identification Card, or | ||||||
14 | at
least 20 years have passed since the end of any period | ||||||
15 | of imprisonment
imposed in relation to that conviction;
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16 | (2) the circumstances regarding a criminal conviction, | ||||||
17 | where applicable,
the applicant's criminal history and his | ||||||
18 | reputation are such that the applicant
will not be likely | ||||||
19 | to act in a manner dangerous to public safety;
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20 | (3) granting relief would not be contrary to the | ||||||
21 | public interest; and | ||||||
22 | (4) granting relief would not be contrary to federal | ||||||
23 | law.
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24 | (c-5) (1) An active law enforcement officer employed by a | ||||||
25 | unit of government or a Department of Corrections employee | ||||||
26 | authorized to possess firearms , who is denied, revoked, or |
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1 | has his or her Firearm Owner's Identification Card seized | ||||||
2 | under subsection (e) of Section 8 of this Act may apply to the | ||||||
3 | Director of State Police requesting relief if the officer or | ||||||
4 | employee did not act in a manner threatening to the officer or | ||||||
5 | employee , another person, or the public as determined by the | ||||||
6 | treating clinical psychologist or physician, and as a result | ||||||
7 | of his or her work is referred by the employer for or | ||||||
8 | voluntarily seeks mental health evaluation or treatment by a | ||||||
9 | licensed clinical psychologist, psychiatrist, or qualified | ||||||
10 | examiner, and: | ||||||
11 | (A) the officer or employee has not received treatment | ||||||
12 | involuntarily at a mental health facility, regardless of | ||||||
13 | the length of admission; or has not been voluntarily | ||||||
14 | admitted to a mental health facility for more than 30 days | ||||||
15 | and not for more than one incident within the past 5 years; | ||||||
16 | and | ||||||
17 | (B) the officer or employee has not left the mental | ||||||
18 | institution against medical advice. | ||||||
19 | (2) The Director of State Police shall grant expedited | ||||||
20 | relief to active law enforcement officers and employees | ||||||
21 | described in paragraph (1) of this subsection (c-5) upon a | ||||||
22 | determination by the Director that the officer's or employee's | ||||||
23 | possession of a firearm does not present a threat to | ||||||
24 | themselves, others, or public safety. The Director shall act | ||||||
25 | on the request for relief within 30 business days of receipt | ||||||
26 | of: |
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1 | (A) a notarized statement from the officer or employee | ||||||
2 | in the form prescribed by the Director detailing the | ||||||
3 | circumstances that led to the hospitalization; | ||||||
4 | (B) all documentation regarding the admission, | ||||||
5 | evaluation, treatment and discharge from the treating | ||||||
6 | licensed clinical psychologist or psychiatrist of the | ||||||
7 | officer; | ||||||
8 | (C) a psychological fitness for duty evaluation of the | ||||||
9 | person completed after the time of discharge; and | ||||||
10 | (D) written confirmation in the form prescribed by the | ||||||
11 | Director from the treating licensed clinical psychologist | ||||||
12 | or psychiatrist that the provisions set forth in paragraph | ||||||
13 | (1) of this subsection (c-5) have been met, the person | ||||||
14 | successfully completed treatment, and their professional | ||||||
15 | opinion regarding the person's ability to possess | ||||||
16 | firearms. | ||||||
17 | (3) Officers and employees eligible for the expedited | ||||||
18 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
19 | burden of proof on eligibility and must provide all | ||||||
20 | information required. The Director may not consider granting | ||||||
21 | expedited relief until the proof and information is received. | ||||||
22 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
23 | "qualified examiner" shall have the same meaning as provided | ||||||
24 | in Chapter I of the Mental Health and Developmental | ||||||
25 | Disabilities Code. | ||||||
26 | (c-10) (1) An applicant, who is denied, revoked, or has |
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1 | his or her Firearm Owner's Identification Card seized under | ||||||
2 | subsection (e) of Section 8 of this Act based upon a | ||||||
3 | determination of a developmental disability or an intellectual | ||||||
4 | disability may apply to the Director of State Police | ||||||
5 | requesting relief. | ||||||
6 | (2) The Director shall act on the request for relief | ||||||
7 | within 60 business days of receipt of written certification, | ||||||
8 | in the form prescribed by the Director, from a physician or | ||||||
9 | clinical psychologist, or qualified examiner, that the | ||||||
10 | aggrieved party's developmental disability or intellectual | ||||||
11 | disability condition is determined by a physician, clinical | ||||||
12 | psychologist, or qualified to be mild. If a fact-finding | ||||||
13 | conference is scheduled to obtain additional information | ||||||
14 | concerning the circumstances of the denial or revocation, the | ||||||
15 | 60 business days the Director has to act shall be tolled until | ||||||
16 | the completion of the fact-finding conference. | ||||||
17 | (3) The Director may grant relief if the aggrieved party's | ||||||
18 | developmental disability or intellectual disability is mild as | ||||||
19 | determined by a physician, clinical psychologist, or qualified | ||||||
20 | examiner and it is established by the applicant to the | ||||||
21 | Director's satisfaction that: | ||||||
22 | (A) granting relief would not be contrary to the | ||||||
23 | public interest; and | ||||||
24 | (B) granting relief would not be contrary to federal | ||||||
25 | law. | ||||||
26 | (4) The Director may not grant relief if the condition is |
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1 | determined by a physician, clinical psychologist, or qualified | ||||||
2 | examiner to be moderate, severe, or profound. | ||||||
3 | (5) The changes made to this Section by this amendatory | ||||||
4 | Act of the 99th General Assembly apply to requests for
relief | ||||||
5 | pending on or before the effective date of this amendatory | ||||||
6 | Act, except that the 60-day period for the Director to act on | ||||||
7 | requests pending before the effective date shall begin
on the | ||||||
8 | effective date of this amendatory Act. | ||||||
9 | (d) When a minor is adjudicated delinquent for an offense | ||||||
10 | which if
committed by an adult would be a felony, the court | ||||||
11 | shall notify the Department
of State Police.
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12 | (e) The court shall review the denial of an application or | ||||||
13 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
14 | person who has been adjudicated
delinquent for an offense that | ||||||
15 | if
committed by an adult would be a felony if an
application | ||||||
16 | for relief has been filed at least 10 years after the | ||||||
17 | adjudication
of delinquency and the court determines that the | ||||||
18 | applicant should be
granted relief from disability to obtain a | ||||||
19 | Firearm Owner's Identification Card.
If the court grants | ||||||
20 | relief, the court shall notify the Department of State
Police | ||||||
21 | that the disability has
been removed and that the applicant is | ||||||
22 | eligible to obtain a Firearm Owner's
Identification Card.
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23 | (f) Any person who is subject to the disabilities of 18 | ||||||
24 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
25 | of 1968 because of an adjudication or commitment that occurred | ||||||
26 | under the laws of this State or who was determined to be |
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1 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
2 | Section 8 of this Act may apply to the Department of State | ||||||
3 | Police requesting relief from that prohibition. The Director | ||||||
4 | shall grant the relief if it is established by a preponderance | ||||||
5 | of the evidence that the person will not be likely to act in a | ||||||
6 | manner dangerous to public safety and that granting relief | ||||||
7 | would not be contrary to the public interest. In making this | ||||||
8 | determination, the Director shall receive evidence concerning | ||||||
9 | (i) the circumstances regarding the firearms disabilities from | ||||||
10 | which relief is sought; (ii) the petitioner's mental health | ||||||
11 | and criminal history records, if any; (iii) the petitioner's | ||||||
12 | reputation, developed at a minimum through character witness | ||||||
13 | statements, testimony, or other character evidence; and (iv) | ||||||
14 | changes in the petitioner's condition or circumstances since | ||||||
15 | the disqualifying events relevant to the relief sought. If | ||||||
16 | relief is granted under this subsection or by order of a court | ||||||
17 | under this Section, the Director shall as soon as practicable | ||||||
18 | but in no case later than 15 business days, update, correct, | ||||||
19 | modify, or remove the person's record in any database that the | ||||||
20 | Department of State Police makes available to the National | ||||||
21 | Instant Criminal Background Check System and notify the United | ||||||
22 | States Attorney General that the basis for the record being | ||||||
23 | made available no longer applies. The Department of State | ||||||
24 | Police shall adopt rules for the administration of this | ||||||
25 | Section. | ||||||
26 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |
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1 | eff. 7-20-15.)
| ||||||
2 | Section 10. The Unified Code of Corrections is amended by | ||||||
3 | adding Section 3-2-13 as follows:
| ||||||
4 | (730 ILCS 5/3-2-13 new) | ||||||
5 | Sec. 3-2-13. Possession of a Firearm Owner's | ||||||
6 | Identification Card. The Department of Corrections shall not | ||||||
7 | make possession of a Firearm Owner's Identification Card a | ||||||
8 | condition of continued employment as a Department employee | ||||||
9 | authorized to possess firearms if the employee's Firearm | ||||||
10 | Owner's Identification Card is revoked or seized because the | ||||||
11 | employee has been a patient of a mental health facility and the | ||||||
12 | employee has not been determined to pose a clear and present | ||||||
13 | danger to himself, herself, or others as determined by a | ||||||
14 | physician, clinical psychologist, or qualified examiner. | ||||||
15 | Nothing is this Section shall otherwise impair the | ||||||
16 | Department's ability to determine an employee's fitness for | ||||||
17 | duty. A collective bargaining agreement already in effect on | ||||||
18 | this issue on the effective date of this amendatory Act of the | ||||||
19 | 102nd General Assembly cannot be modified, but on or after the | ||||||
20 | effective date of this amendatory Act of the 102nd General | ||||||
21 | Assembly, the Department cannot require a Firearm Owner's | ||||||
22 | Identification Card as a condition of continued employment in | ||||||
23 | a collective bargaining agreement. The Department shall | ||||||
24 | document if and why an employee has been determined to pose a |
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1 | clear and present danger. In this Section, "mental health | ||||||
2 | facility" and "qualified examiner" have the meanings provided | ||||||
3 | in the Mental Health and Developmental Disabilities Code. ".
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