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.

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A BILL FOR

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1 AN ACT concerning employment.

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

3 represented in the General Assembly:

4 Section 5. The Department of Natural Resources Act is

5 amended 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

8 Card. The Department shall not make possession of a Firearm

9 Owner's Identification Card a condition of continued

10 employment if the Conservation Police officer's Firearm

11 Owner's Identification Card is revoked or seized because the

12 Conservation Police officer has been a patient of a mental

13 health facility and the Conservation Police officer has not

14 been determined to pose a clear and present danger to himself,

15 herself, or others as determined by a physician, clinical

16 psychologist, or qualified examiner. Nothing is this Section

17 shall otherwise impair an employer's ability to determine a

18 Conservation Police officer's fitness for duty. A collective

19 bargaining agreement already in effect on this issue on the

20 effective date of this amendatory Act of the 101st General

21 Assembly cannot be modified, but on or after the effective date

22 of this amendatory Act of the 101st General Assembly, the

23 employer cannot require a Firearm Owner's Identification Card

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1 as a condition of continued employment in a collective

2 bargaining agreement. The employer shall document if and why a

3 Conservation Police officer has been determined to pose a clear

4 and present danger.

5 Section 10. The Department of State Police Law of the Civil

6 Administrative Code of Illinois is amended by adding Section

7 2605-610 as follows:

8 (20 ILCS 2605/2605-610 new)

9 Sec. 2605-610. Possession of a Firearm Owner's

10 Identification Card. The Department shall not make possession

11 of a Firearm Owner's Identification Card a condition of

12 continued employment if the State Police officer Firearm

13 Owner's Identification Card is revoked or seized because the

14 State Police officer has been a patient of a mental health

15 facility and the State Police officer has not been determined

16 to pose a clear and present danger to himself, herself, or

17 others as determined by a physician, clinical psychologist, or

18 qualified examiner. Nothing is this Section shall otherwise

19 impair an employer's ability to determine a State Police

20 officer's fitness for duty. A collective bargaining agreement

21 already in effect on this issue on the effective date of this

22 amendatory Act of the 101st General Assembly cannot be

23 modified, but on or after the effective date of this amendatory

24 Act of the 101st General Assembly, the employer cannot require

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1 a Firearm Owner's Identification Card as a condition of

2 continued employment in a collective bargaining agreement. The

3 employer shall document if and why a State Police officer has

4 been determined to pose a clear and present danger.

5 Section 15. The Uniform Peace Officers' Disciplinary Act is

6 amended by changing Section 7.2 as follows:

7 (50 ILCS 725/7.2)

8 Sec. 7.2. Possession of a Firearm Owner's Identification

9 Card. An employer of an officer shall not make possession of a

10 Firearm Owner's Identification Card a condition of continued

11 employment if the officer's Firearm Owner's Identification

12 Card is revoked or seized because the officer has been a

13 patient of a mental health facility and the officer has not

14 been determined to pose a clear and present danger to himself,

15 herself, or others as determined by a physician, clinical

16 psychologist, or qualified examiner. Nothing is this Section

17 shall otherwise impair an employer's ability to determine an

18 officer's fitness for duty. On and after the effective date of

19 this amendatory Act of the 100th General Assembly, Section 6 of

20 this Act shall not apply to the prohibition requiring a Firearm

21 Owner's Identification Card as a condition of continued

22 employment, but a collective bargaining agreement already in

23 effect on that issue on the effective date of this amendatory

24 Act of the 100th General Assembly cannot be modified. The

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1 employer shall document if and why an officer has been

2 determined 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

5 3-6050 as follows:

6 (55 ILCS 5/3-6050 new)

7 Sec. 3-6050. Possession of a Firearm Owner's

8 Identification Card. An employer of an law enforcement officer

9 shall not make possession of a Firearm Owner's Identification

10 Card a condition of continued employment if the law enforcement

11 officer's Firearm Owner's Identification Card is revoked or

12 seized because the law enforcement officer has been a patient

13 of a mental health facility and the law enforcement officer has

14 not been determined to pose a clear and present danger to

15 himself, herself, or others as determined by a physician,

16 clinical psychologist, or qualified examiner. Nothing is this

17 Section shall otherwise impair an employer's ability to

18 determine an law enforcement officer's fitness for duty. A

19 collective bargaining agreement already in effect on this issue

20 on the effective date of this amendatory Act of the 101st

21 General Assembly cannot be modified, but on or after the

22 effective date of this amendatory Act of the 101st General

23 Assembly, the employer cannot require a Firearm Owner's

24 Identification Card as a condition of continued employment in a

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1 collective bargaining agreement. The employer shall document

2 if and why a law enforcement officer has been determined to

3 pose a clear and present danger.

4 Section 25. The Probation and Probation Officers Act is

5 amended by adding Section 19 as follows:

6 (730 ILCS 110/19 new)

7 Sec. 19. Possession of a Firearm Owner's Identification

8 Card. An employer of a probation officer shall not make

9 possession of a Firearm Owner's Identification Card a condition

10 of continued employment if the probation officer's Firearm

11 Owner's Identification Card is revoked or seized because the

12 probation officer has been a patient of a mental health

13 facility and the officer has not been determined to pose a

14 clear and present danger to himself, herself, or others as

15 determined by a physician, clinical psychologist, or qualified

16 examiner. Nothing is this Section shall otherwise impair an

17 employer's ability to determine a probation officer's fitness

18 for duty. A collective bargaining agreement already in effect

19 on this issue on the effective date of this amendatory Act of

20 the 101st General Assembly cannot be modified, but on or after

21 the effective date of this amendatory Act of the 101st General

22 Assembly, the employer cannot require a Firearm Owner's

23 Identification Card as a condition of continued employment in a

24 collective bargaining agreement. The employer shall document

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1 if and why an probation officer has been determined to pose a

2 clear and present danger.