Public Act 099-0696

SB2213 Enrolled LRB099 15827 RLC 40202 b

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 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.

(b-1) Beginning July 1, 2016, and each July 1 and December

30 of every year thereafter, the circuit court clerk shall, in

the form and manner prescribed by the Department of State

Police, notify the Department of State Police, Firearm Owner's

Identification (FOID) department if the court has not directed

the circuit court clerk to notify the Department of State

Police, Firearm Owner's Identification (FOID) department under

subsection (b) of this Section, within the preceding 6 months,

because no person has been adjudicated as a person with a

mental disability by the court as defined in Section 1.1 of

this Act or if no person has been involuntarily admitted. The

Supreme Court may adopt any orders or rules necessary to

identify the persons who shall be reported to the Department of

State Police under subsection (b), or any other orders or rules

necessary to implement the requirements of this Act.

(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

(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

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.