Bill Text: IL HB5231 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Law Enforcement Support Program Confidentiality Act. Provides that information, omissions, confessions, or other communication obtained by a participant in a peer support program involving a peer support counselor from a law enforcement officer, public safety employee, peace officer, firefighter, or emergency services personnel shall be considered confidential information and shall not be released to any person or entity, including, but not limited to, a court, administrative agency or tribunal, or public officer or employer, unless: (1) to the extent it appears necessary to prevent the commission of an act that is likely to result in a clear imminent risk of serious physical injury or death of a person or persons; (2) when required by court order; or (3) when, after full disclosure has been provided, the person who made the confession, admission, or other communication has given specific written consent. Amends the Firearm Owners Identification Card Act. Provides that a provision permitting the Department of State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card of a person who has been a patient of a mental health facility within the past 5 years is not applicable to an active law enforcement officer employed by a unit of government, unless the Department receives an affirmative statement by a treating clinical psychologist or physician that the law enforcement officer is a threat to himself or herself, another person, or the public. Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 11-7)

Status: (Passed) 2019-01-03 - Added as Alternate Co-Sponsor Sen. John G. Mulroe [HB5231 Detail]

Download: Illinois-2017-HB5231-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5231 Introduced , by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED:
New Act
430 ILCS 65/8 from Ch. 38, par. 83-8
Creates the Law Enforcement Support Program Confidentiality Act. Provides that information, omissions, confessions, or other communication obtained by a participant in a peer support program involving a peer support counselor from a law enforcement officer, public safety employee, peace officer, firefighter, or emergency services personnel shall be considered confidential information and shall not be released to any person or entity, including, but not limited to, a court, administrative agency or tribunal, or public officer or employer, unless: (1) to the extent it appears necessary to prevent the commission of an act that is likely to result in a clear imminent risk of serious physical injury or death of a person or persons; (2) when required by court order; or (3) when, after full disclosure has been provided, the person who made the confession, admission, or other communication has given specific written consent. Amends the Firearm Owners Identification Card Act. Provides that a provision permitting the Department of State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card of a person who has been a patient of a mental health facility within the past 5 years is not applicable to an active law enforcement officer employed by a unit of government, unless the Department receives an affirmative statement by a treating clinical psychologist or physician that the law enforcement officer is a threat to himself or herself, another person, or the public. Effective immediately.
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A BILL FOR
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AN ACT concerning law enforcement officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Law
Enforcement Support Program Confidentiality Act.
Section 5. Law enforcement support program
confidentiality.
(a) In this Act:
"Peer support program" means a program established by a
law enforcement agency, public safety employer, union, or
other entity providing counseling support, referrals,
information, or other social services to law enforcement
officers, public safety employees, peace officers,
firefighters, or emergency services personnel.
"Peer support counselor" is a person offering
counseling services through a peer support program.
(b) Information, omissions, confessions, or other
communication obtained by a participant in a peer support
program involving a peer support counselor from a law
enforcement officer, public safety employee, peace officer,
firefighter, or emergency services personnel shall be
considered confidential information and shall not be released
to any person or entity, including, but not limited to, a

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court, administrative agency or tribunal, or public officer or
employer, unless: (1) to the extent it appears necessary to
prevent the commission of an act that is likely to result in a
clear imminent risk of serious physical injury or death of a
person or persons; (2) when required by court order; or (3)
when, after full disclosure has been provided, the person who
made the confession, admission, or other communication has
given specific written consent.
Section 105. The Firearm Owners Identification Card Act is
amended by changing Section 8 as follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Department
of State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Department finds
that the applicant or the person to whom such card was issued
is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who does not have
the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or

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where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government who is denied,
revoked, or has his or her Firearm Owner's Identification
Card seized under this subsection (e) may obtain relief as
described in subsection (c-5) of Section 10 of this Act if
the officer did not act in a manner threatening to the
officer, another person, or the public as determined by the
treating clinical psychologist or physician, and the
officer seeks mental health treatment. However, an active
law enforcement officer employed by a unit of government,
shall not have his or her Firearm Owner's Identification
Card denied, revoked, or seized because the law enforcement
officer has been a patient of a mental health facility
within the past 5 years, unless the Department receives an
affirmative statement by a treating clinical psychologist
or physician that the law enforcement officer is a threat
to himself or herself, another person, or the public;

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(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any alien who has been lawfully
admitted to the United States under a non-immigrant visa if
that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or

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distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the right
to have an offense described in this paragraph (l) tried by
a jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic relationship
is not a required element of the offense but in which a
determination of the applicability of 18 U.S.C. 922(g)(9)

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is made under Section 112A-11.1 of the Code of Criminal
Procedure of 1963, an entry by the court of a judgment of
conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm
Owner's Identification Card previously issued to the
person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a developmental
disability;
(t) A person involuntarily admitted into a mental

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health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of subsection
(a) of Section 4 of this Act because he or she was a
patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that he
or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have been
restored through administrative or judicial action under
Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Department of State Police shall
provide notice to the person and the person shall comply with

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Section 9.5 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
eff. 7-16-14; 99-143, eff. 7-27-15.)
Section 999. Effective date. This Act takes effect upon
becoming law.