101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1898

Introduced 2/15/2019, by Sen. Thomas Cullerton

SYNOPSIS AS INTRODUCED:
20 ILCS 801/1-31 new
20 ILCS 2605/2605-610 new
50 ILCS 725/7.2
55 ILCS 5/3-6050 new
730 ILCS 110/19 new

Amends the Department of Natural Resources Act, Department of State Police Law of the Civil Administrative Code of Illinois, the Counties Code, and the Probation and Probation Officers Act. Provides that the employer of a Conservation Police officer, State Police officer, law enforcement officer, or probation officer shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the officer's Firearm Owner's Identification Card is revoked or seized because the officer has been a patient of a mental health facility and the officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the employer cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Amends the Uniform Peace Officers' Disciplinary Act. Provides that the employer shall document if and why an officer has been determined to pose a clear and present danger.
LRB101 09755 SLF 54856 b

A BILL FOR

SB1898LRB101 09755 SLF 54856 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Natural Resources Act is
5amended by adding Section 1-31 as follows:
6 (20 ILCS 801/1-31 new)
7 Sec. 1-31. Possession of a Firearm Owner's Identification
8Card. The Department shall not make possession of a Firearm
9Owner's Identification Card a condition of continued
10employment if the Conservation Police officer's Firearm
11Owner's Identification Card is revoked or seized because the
12Conservation Police officer has been a patient of a mental
13health facility and the Conservation Police officer has not
14been determined to pose a clear and present danger to himself,
15herself, or others as determined by a physician, clinical
16psychologist, or qualified examiner. Nothing is this Section
17shall otherwise impair an employer's ability to determine a
18Conservation Police officer's fitness for duty. A collective
19bargaining agreement already in effect on this issue on the
20effective date of this amendatory Act of the 101st General
21Assembly cannot be modified, but on or after the effective date
22of this amendatory Act of the 101st General Assembly, the
23employer cannot require a Firearm Owner's Identification Card

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1as a condition of continued employment in a collective
2bargaining agreement. The employer shall document if and why a
3Conservation Police officer has been determined to pose a clear
4and present danger.
5 Section 10. The Department of State Police Law of the Civil
6Administrative Code of Illinois is amended by adding Section
72605-610 as follows:
8 (20 ILCS 2605/2605-610 new)
9 Sec. 2605-610. Possession of a Firearm Owner's
10Identification Card. The Department shall not make possession
11of a Firearm Owner's Identification Card a condition of
12continued employment if the State Police officer Firearm
13Owner's Identification Card is revoked or seized because the
14State Police officer has been a patient of a mental health
15facility and the State Police officer has not been determined
16to pose a clear and present danger to himself, herself, or
17others as determined by a physician, clinical psychologist, or
18qualified examiner. Nothing is this Section shall otherwise
19impair an employer's ability to determine a State Police
20officer's fitness for duty. A collective bargaining agreement
21already in effect on this issue on the effective date of this
22amendatory Act of the 101st General Assembly cannot be
23modified, but on or after the effective date of this amendatory
24Act of the 101st General Assembly, the employer cannot require

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1a Firearm Owner's Identification Card as a condition of
2continued employment in a collective bargaining agreement. The
3employer shall document if and why a State Police officer has
4been determined to pose a clear and present danger.
5 Section 15. The Uniform Peace Officers' Disciplinary Act is
6amended by changing Section 7.2 as follows:
7 (50 ILCS 725/7.2)
8 Sec. 7.2. Possession of a Firearm Owner's Identification
9Card. An employer of an officer shall not make possession of a
10Firearm Owner's Identification Card a condition of continued
11employment if the officer's Firearm Owner's Identification
12Card is revoked or seized because the officer has been a
13patient of a mental health facility and the officer has not
14been determined to pose a clear and present danger to himself,
15herself, or others as determined by a physician, clinical
16psychologist, or qualified examiner. Nothing is this Section
17shall otherwise impair an employer's ability to determine an
18officer's fitness for duty. On and after the effective date of
19this amendatory Act of the 100th General Assembly, Section 6 of
20this Act shall not apply to the prohibition requiring a Firearm
21Owner's Identification Card as a condition of continued
22employment, but a collective bargaining agreement already in
23effect on that issue on the effective date of this amendatory
24Act of the 100th General Assembly cannot be modified. The

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1employer shall document if and why an officer has been
2determined to pose a clear and present danger.
3(Source: P.A. 100-911, eff. 8-17-18.)
4 Section 20. The Counties Code is amended by adding Section
53-6050 as follows:
6 (55 ILCS 5/3-6050 new)
7 Sec. 3-6050. Possession of a Firearm Owner's
8Identification Card. An employer of an law enforcement officer
9shall not make possession of a Firearm Owner's Identification
10Card a condition of continued employment if the law enforcement
11officer's Firearm Owner's Identification Card is revoked or
12seized because the law enforcement officer has been a patient
13of a mental health facility and the law enforcement officer has
14not been determined to pose a clear and present danger to
15himself, herself, or others as determined by a physician,
16clinical psychologist, or qualified examiner. Nothing is this
17Section shall otherwise impair an employer's ability to
18determine an law enforcement officer's fitness for duty. A
19collective bargaining agreement already in effect on this issue
20on the effective date of this amendatory Act of the 101st
21General Assembly cannot be modified, but on or after the
22effective date of this amendatory Act of the 101st General
23Assembly, the employer cannot require a Firearm Owner's
24Identification Card as a condition of continued employment in a

SB1898- 5 -LRB101 09755 SLF 54856 b
1collective bargaining agreement. The employer shall document
2if and why a law enforcement officer has been determined to
3pose a clear and present danger.
4 Section 25. The Probation and Probation Officers Act is
5amended by adding Section 19 as follows:
6 (730 ILCS 110/19 new)
7 Sec. 19. Possession of a Firearm Owner's Identification
8Card. An employer of a probation officer shall not make
9possession of a Firearm Owner's Identification Card a condition
10of continued employment if the probation officer's Firearm
11Owner's Identification Card is revoked or seized because the
12probation officer has been a patient of a mental health
13facility and the officer has not been determined to pose a
14clear and present danger to himself, herself, or others as
15determined by a physician, clinical psychologist, or qualified
16examiner. Nothing is this Section shall otherwise impair an
17employer's ability to determine a probation officer's fitness
18for duty. A collective bargaining agreement already in effect
19on this issue on the effective date of this amendatory Act of
20the 101st General Assembly cannot be modified, but on or after
21the effective date of this amendatory Act of the 101st General
22Assembly, the employer cannot require a Firearm Owner's
23Identification Card as a condition of continued employment in a
24collective bargaining agreement. The employer shall document

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1if and why an probation officer has been determined to pose a
2clear and present danger.