Bill Text: IL SB2213 | 2015-2016 | 99th General Assembly | Introduced

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

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that upon adjudication of any individual as a person with a mental disability or a finding that a person has been involuntarily admitted, the circuit court clerk shall (rather than the court shall direct the circuit court clerk to) immediately notify the Department of State Police, Firearm Owner's Identification (FOID) department. Provides that beginning July 1, 2016, and each July 1 and December 30 of every year thereafter, the court shall direct the circuit court clerk to notify the Department of State Police, Firearm Owner's Identification (FOID) department if the court has not adjudicated any individual as a person with a mentally disability within the preceding 6 months. Provides that any clerk who knowingly fails to perform these duties is guilty of a petty offense and shall be fined by the court not exceeding $100, and for any subsequent offense he or she is guilty of a Class A misdemeanor and if convicted may be removed from office by the court. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2016-07-29 - Public Act . . . . . . . . . 99-0696 [SB2213 Detail]

Download: Illinois-2015-SB2213-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2213 Introduced 1/13/2016, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
Amends the Firearm Owners Identification Card Act. Provides that upon adjudication of any individual as a person with a mental disability or a finding that a person has been involuntarily admitted, the circuit court clerk shall (rather than the court shall direct the circuit court clerk to) immediately notify the Department of State Police, Firearm Owner's Identification (FOID) department. Provides that beginning July 1, 2016, and each July 1 and December 30 of every year thereafter, the court shall direct the circuit court clerk to notify the Department of State Police, Firearm Owner's Identification (FOID) department if the court has not adjudicated any individual as a person with a mentally disability within the preceding 6 months. Provides that any clerk who knowingly fails to perform these duties is guilty of a petty offense and shall be fined by the court not exceeding $100, and for any subsequent offense he or she is guilty of a Class A misdemeanor and if convicted may be removed from office by the court. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 8.1 as follows:
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Department of State Police.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Department of State
Police of all final dispositions of cases for which the
Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a person with a
mental disability as defined in Section 1.1 of this Act or a
finding that a person has been involuntarily admitted, the
court shall direct the circuit court clerk shall to immediately
notify the Department of State Police, Firearm Owner's
Identification (FOID) department, and shall forward a copy of
the court order to the Department. Beginning July 1, 2016, and
each July 1 and December 30 of every year thereafter, the court
shall direct the circuit court clerk to notify the Department
of State Police, Firearm Owner's Identification (FOID)
department if the court has not adjudicated any individual as a

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person with a mentally disability within the preceding 6
months. Any clerk who knowingly fails to perform the duties
under this subsection (b) is guilty of a petty offense and
shall be fined by the court not exceeding $100, and for any
subsequent offense he or she is guilty of a Class A misdemeanor
and if convicted may be removed from office by the court.
(c) The Department of Human Services shall, in the form and
manner prescribed by the Department of State Police, report all
information collected under subsection (b) of Section 12 of the
Mental Health and Developmental Disabilities Confidentiality
Act for the purpose of determining whether a person who may be
or may have been a patient in a mental health facility is
disqualified under State or federal law from receiving or
retaining a Firearm Owner's Identification Card, or purchasing
a weapon.
(d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:
(1) by a physician, clinical psychologist, or
qualified examiner, or is determined to have a
developmental disability by a physician, clinical
psychologist, or qualified examiner, whether employed by
the State or privately, then the physician, clinical
psychologist, or qualified examiner shall, within 24 hours
of making the determination, notify the Department of Human
Services that the person poses a clear and present danger
or has a developmental disability; or

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(2) by a law enforcement official or school
administrator, then the law enforcement official or school
administrator shall, within 24 hours of making the
determination, notify the Department of State Police that
the person poses a clear and present danger.
The Department of Human Services shall immediately update
its records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Department of State Police in a form and manner prescribed
by the Department of State Police. The Department of State
Police shall determine whether to revoke the person's Firearm
Owner's Identification Card under Section 8 of this Act. Any
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of this
Act, nor used for any other purpose. The method of providing
this information shall guarantee that the information is not
released beyond what is necessary for the 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 subsection, except

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for willful or wanton misconduct.
(e) The Department of State Police shall adopt rules to
implement this Section.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143,
eff. 7-27-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.