Bill Text: IL HB3302 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Mental Health and Developmental Disabilities Code. Provides that the Illinois State Police, in conjunction with the Illinois State Board of Education and the Illinois Board of Higher Education, shall prescribe the form and manner that the school administrator shall notify the Illinois State Police of the determination. Provides that when the Illinois State Police is notified by a school administrator that a person has been determined to pose a clear and present danger, within 24 hours of receiving the notification, it shall notify a local law enforcement agency where the person resides and, if applicable, a local law enforcement agency where the school administrator's school is located of that determination. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card, if applicable, and in consultation with local law enforcement, whether an Illinois State Police Officer will file a petition under the Firearms Restraining Order Act with that person as the respondent. Provides that within 24 hours after a school administrator makes a notification pursuant to this provision, the Illinois State Police shall notify the school administrator in writing of its determination about whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-17 - Referred to Rules Committee [HB3302 Detail]

Download: Illinois-2023-HB3302-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3302 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
5 ILCS 120/2 from Ch. 102, par. 42
405 ILCS 5/6-103.3
Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Mental Health and Developmental Disabilities Code. Provides that the Illinois State Police, in conjunction with the Illinois State Board of Education and the Illinois Board of Higher Education, shall prescribe the form and manner that the school administrator shall notify the Illinois State Police of the determination. Provides that when the Illinois State Police is notified by a school administrator that a person has been determined to pose a clear and present danger, within 24 hours of receiving the notification, it shall notify a local law enforcement agency where the person resides and, if applicable, a local law enforcement agency where the school administrator's school is located of that determination. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card, if applicable, and in consultation with local law enforcement, whether an Illinois State Police Officer will file a petition under the Firearms Restraining Order Act with that person as the respondent. Provides that within 24 hours after a school administrator makes a notification pursuant to this provision, the Illinois State Police shall notify the school administrator in writing of its determination about whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Makes other changes. Effective immediately.
LRB103 29563 RLC 55958 b
A BILL FOR
HB3302 LRB103 29563 RLC 55958 b
AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational

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setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,

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provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel, and equipment,
reporting to law enforcement, or legal action to respond
to an actual, a threatened, or a reasonably potential
danger to the safety of employees, students, staff, the
public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or

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when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the

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advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the

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body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and

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their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform

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Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners

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Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;

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101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 10. The Mental Health and Developmental
Disabilities Code is amended by changing Section 6-103.3 as
follows:
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice.
(a) If a person is determined to pose a clear and present
danger to himself, herself, or to others by a physician,
clinical psychologist, or qualified examiner, whether employed
by the State, by any public or private mental health facility
or part thereof, or by a law enforcement official or a school
administrator, then the physician, clinical psychologist,
qualified examiner shall notify the Department of Human
Services and a law enforcement official or school
administrator shall notify the Illinois State Police, within
24 hours of making the determination that the person poses a
clear and present danger. The Illinois State Police, in
conjunction with the Illinois State Board of Education and the
Illinois Board of Higher Education, shall prescribe the form
and manner that the school administrator shall notify the
Illinois State Police of the determination. The Department of
Human Services shall immediately update its records and
information relating to mental health and developmental

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disabilities, and if appropriate, shall notify the Illinois
State Police in a form and manner prescribed by the Illinois
State Police. When the Illinois State Police is notified by a
school administrator pursuant to this Section that a person
has been determined to pose a clear and present danger, within
24 hours of receiving the notification, it shall notify a
local law enforcement agency where the person resides and, if
applicable, a local law enforcement agency where the school
administrator's school is located of that determination. The
Illinois State Police shall determine whether to revoke the
person's Firearm Owner's Identification Card, if applicable,
and in consultation with local law enforcement, whether an
Illinois State Police Officer will file a petition under the
Firearms Restraining Order Act with that person as the
respondent. Within 24 hours after a school administrator makes
a notification pursuant to this Section, the Illinois State
Police shall notify the school administrator in writing of its
determination about whether to file an action under the
Firearms Restraining Order Act with that person as the
respondent. Before October 1, 2023, the Illinois State Police,
in consultation with the Illinois State Board of Education and
the Illinois Board of Higher Education, shall develop and
maintain a resource guide for school administrators that sets
forth guidelines, considerations of confidentiality and best
practices for school administrators in making a determination
that a person poses a clear and present danger pursuant to this

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Section. That resource guide shall be made available on the
Internet websites of the Illinois State Police, Illinois State
Board of Education, and Illinois Board of Higher Education.
The Illinois State Police, in conjunction with the Illinois
State Board of Education and the Illinois Board of Higher
Education, may adopt such rules as may be necessary to
implement and administer this Section.
(b) Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act or for the purpose of
an action under the Firearms Restraining Order Act, nor used
for any other purpose. The method of providing this
information shall guarantee that the information is not
released beyond that which is necessary for the purposes
provided by purpose of this Section and shall be provided by
rule by the Department of Human Services. The identity of the
person reporting under this Section shall not be disclosed to
the subject of the report. The physician, clinical
psychologist, qualified examiner, law enforcement official, or
school administrator making the determination and his or her
employer shall not be held criminally, civilly, or
professionally liable for making or not making the
notification required under this Section, except for willful
or wanton misconduct. This Section does not apply to a law
enforcement official, if making the notification under this

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Section will interfere with an ongoing or pending criminal
investigation.
(c) For the purposes of this Section:
"Clear and present danger" has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification
Card Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical
psychologist, or qualified examiner, a person poses a
clear and present danger.
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.