100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3873
 
Introduced , by Rep. Michelle Mussman
 
SYNOPSIS AS INTRODUCED:






430 ILCS 65/8.1 from Ch. 38, par. 83-8.1

 Amends the Firearm Owners Identification Card Act. Provides that a person who holds a Firearm Owner's Identification Card under the Act shall report to the Department of State Police within 30 days if a federal agency has determined that the person is unable manage his or her own affairs, estate, or benefits. Provides that the Department of State Police shall report that determination to the Federal Bureau of Investigation and the Department of Human Services.



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A BILL FOR
 


HB3873LRB100 11351 SLF 21735 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 8.1 as follows:



6 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



7 Sec. 8.1. Notifications to the Department of State Police.

8 (a) The Circuit Clerk shall, in the form and manner 
9required by the
Supreme Court, notify the Department of State 
10Police of all final dispositions
of cases for which the 
11Department has received information reported to it under

12Sections 2.1 and 2.2 of the Criminal Identification Act.

13 (b) Upon adjudication of any individual as a person with a 
14mental disability as defined in Section 1.1 of this Act or a 
15finding that a person has been involuntarily admitted, the 
16court shall direct the circuit court clerk to immediately 
17notify the Department of State Police, Firearm Owner's 
18Identification (FOID) department, and shall forward a copy of 
19the court order to the Department. 
20 (b-1) Beginning July 1, 2016, and each July 1 and December 
2130 of every year thereafter, the circuit court clerk shall, in 
22the form and manner prescribed by the Department of State 
23Police, notify the Department of State Police, Firearm Owner's 
 
 
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1Identification (FOID) department if the court has not directed 
2the circuit court clerk to notify the Department of State 
3Police, Firearm Owner's Identification (FOID) department under 
4subsection (b) of this Section, within the preceding 6 months, 
5because no person has been adjudicated as a person with a 
6mental disability by the court as defined in Section 1.1 of 
7this Act or if no person has been involuntarily admitted. The 
8Supreme Court may adopt any orders or rules necessary to 
9identify the persons who shall be reported to the Department of 
10State Police under subsection (b), or any other orders or rules 
11necessary to implement the requirements of this Act. 
12 (c) The Department of Human Services shall, in the form and 
13manner prescribed by the Department of State Police, report all 
14information collected under subsection (b) of Section 12 of the 
15Mental Health and Developmental Disabilities Confidentiality 
16Act for the purpose of determining whether a person who may be 
17or may have been a patient in a mental health facility is 
18disqualified under State or federal law from receiving or 
19retaining a Firearm Owner's Identification Card, or purchasing 
20a weapon.
21 (d) If a person is determined to pose a clear and present 
22danger to himself, herself, or to others:
23  (1) by a physician, clinical psychologist, or 
24 qualified examiner, or is determined to have a 
25 developmental disability by a physician, clinical 
26 psychologist, or qualified examiner, whether employed by 
 
 
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1 the State or privately, then the physician, clinical 
2 psychologist, or qualified examiner shall, within 24 hours 
3 of making the determination, notify the Department of Human 
4 Services that the person poses a clear and present danger 
5 or has a developmental disability; or
6  (2) by a law enforcement official or school 
7 administrator, then the law enforcement official or school 
8 administrator shall, within 24 hours of making the 
9 determination, notify the Department of State Police that 
10 the person poses a clear and present danger. 
11 The Department of Human Services shall immediately update 
12its records and information relating to mental health and 
13developmental disabilities, and if appropriate, shall notify 
14the Department of State Police in a form and manner prescribed 
15by the Department of State Police. The Department of State 
16Police shall determine whether to revoke the person's Firearm 
17Owner's Identification Card under Section 8 of this Act. Any 
18information disclosed under this subsection shall remain 
19privileged and confidential, and shall not be redisclosed, 
20except as required under subsection (e) of Section 3.1 of this 
21Act, nor used for any other purpose. The method of providing 
22this information shall guarantee that the information is not 
23released beyond what is necessary for the purpose of this 
24Section and shall be provided by rule by the Department of 
25Human Services. The identity of the person reporting under this 
26Section shall not be disclosed to the subject of the report. 
 
 
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1The physician, clinical psychologist, qualified examiner, law 
2enforcement official, or school administrator making the 
3determination and his or her employer shall not be held 
4criminally, civilly, or professionally liable for making or not 
5making the notification required under this subsection, except 
6for willful or wanton misconduct.
7 (d-5) A person who holds a Firearm Owner's Identification 
8Card under this Act shall report to the Department of State 
9Police within 30 days if a federal agency has determined that 
10the person is unable manage his or her own affairs, estate, or 
11benefits. The Department of State Police shall report that 
12determination to the Federal Bureau of Investigation and the 
13Department of Human Services. 
14 (e) The Department of State Police shall adopt rules to 
15implement this Section. 
16(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, 
17eff. 7-27-15; 99-696, eff. 7-29-16.)