Bill Text: IL SB1967 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Mental Health and Developmental Disabilities Code to require a physician, clinical psychologist, or qualified examiner to determine whether to file an action under the Firearms Restraining Order Act under specified circumstances. Amends the Firearm Owners Identification Card Act and the Firearms Restraining Order Act. Subject to appropriation, establishes the Office of Firearms Restraining Order Coordination within the Department of Human Services. Provides that if any Firearm Owner's Identification Card of the respondent is surrendered, the period of surrender shall be for the duration of the order of protection. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-15 - Chief Sponsor Changed to Sen. Don Harmon [SB1967 Detail]

Download: Illinois-2023-SB1967-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1967

Introduced 2/9/2023, by Sen. Ann Gillespie

SYNOPSIS AS INTRODUCED:
405 ILCS 5/6-103.3
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
430 ILCS 67/5
430 ILCS 67/10
430 ILCS 67/50
430 ILCS 67/60
430 ILCS 67/63 new

Amends the Mental Health and Developmental Disabilities Code to require a physician, clinical psychologist, or qualified examiner to determine whether to file an action under the Firearms Restraining Order Act under specified circumstances. Amends the Firearm Owners Identification Card Act and the Firearms Restraining Order Act. Subject to appropriation, establishes the Office of Firearms Restraining Order Coordination within the Department of Human Services. Provides that if any Firearm Owner's Identification Card of the respondent is surrendered, the period of surrender shall be for the duration of the order of protection. Makes conforming changes. Effective immediately.
LRB103 26409 RLC 52772 b

A BILL FOR

SB1967LRB103 26409 RLC 52772 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 Mental Health and Developmental
5Disabilities Code is amended by changing Section 6-103.3 as
6follows:
7 (405 ILCS 5/6-103.3)
8 Sec. 6-103.3. Clear and present danger; notice.
9 (a) If a person is determined to pose a clear and present
10danger to himself, herself, or to others by a physician,
11clinical psychologist, or qualified examiner, whether employed
12by the State, by any public or private mental health facility
13or part thereof, or by a law enforcement official or a school
14administrator, then the physician, clinical psychologist,
15qualified examiner shall notify the Department of Human
16Services and a law enforcement official or school
17administrator shall notify the Illinois State Police, within
1824 hours of making the determination that the person poses a
19clear and present danger. The Department of Human Services
20shall immediately update its records and information relating
21to mental health and developmental disabilities, and if
22appropriate, shall notify the Illinois State Police in a form
23and manner prescribed by the Illinois State Police. If a

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1person has been determined to pose a clear and present danger
2under this subsection, the physician, clinical psychologist,
3or qualified examiner shall determine whether to file an
4action under the Firearms Restraining Order Act naming that
5person as the respondent.
6 (b) Information disclosed under this Section shall remain
7privileged and confidential, and shall not be redisclosed,
8except as required under subsection (e) of Section 3.1 of the
9Firearm Owners Identification Card Act or for the purpose of
10an action under the Firearms Restraining Order Act, nor used
11for any other purpose. The method of providing this
12information shall guarantee that the information is not
13released beyond that which is necessary for the purposes
14provided by purpose of this Section and shall be provided by
15rule by the Department of Human Services. The identity of the
16person reporting under this Section shall not be disclosed to
17the subject of the report. The physician, clinical
18psychologist, qualified examiner, law enforcement official, or
19school administrator making the determination and his or her
20employer shall not be held criminally, civilly, or
21professionally liable for making or not making the
22notification required under this Section, except for willful
23or wanton misconduct. This Section does not apply to a law
24enforcement official, if making the notification under this
25Section will interfere with an ongoing or pending criminal
26investigation.

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1 (c) For the purposes of this Section:
2 "Clear and present danger" has the meaning ascribed to
3 it in Section 1.1 of the Firearm Owners Identification
4 Card Act.
5 "Determined to pose a clear and present danger to
6 himself, herself, or to others by a physician, clinical
7 psychologist, or qualified examiner" means in the
8 professional opinion of the physician, clinical
9 psychologist, or qualified examiner, a person poses a
10 clear and present danger.
11 "School administrator" means the person required to
12 report under the School Administrator Reporting of Mental
13 Health Clear and Present Danger Determinations Law.
14(Source: P.A. 102-538, eff. 8-20-21.)
15 Section 10. The Firearm Owners Identification Card Act is
16amended by changing Section 8.1 as follows:
17 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
18 Sec. 8.1. Notifications to the Illinois State Police.
19 (a) The Circuit Clerk shall, in the form and manner
20required by the Supreme Court, notify the Illinois State
21Police of all final dispositions of cases for which the
22Department has received information reported to it under
23Sections 2.1 and 2.2 of the Criminal Identification Act.
24 (b) Upon adjudication of any individual as a person with a

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1mental disability as defined in Section 1.1 of this Act or a
2finding that a person has been involuntarily admitted, the
3court shall direct the circuit court clerk to immediately
4notify the Illinois State Police, Firearm Owner's
5Identification (FOID) department, and shall forward a copy of
6the court order to the Department.
7 (b-1) Beginning July 1, 2016, and each July 1 and December
830 of every year thereafter, the circuit court clerk shall, in
9the form and manner prescribed by the Illinois State Police,
10notify the Illinois State Police, Firearm Owner's
11Identification (FOID) department if the court has not directed
12the circuit court clerk to notify the Illinois State Police,
13Firearm Owner's Identification (FOID) department under
14subsection (b) of this Section, within the preceding 6 months,
15because no person has been adjudicated as a person with a
16mental disability by the court as defined in Section 1.1 of
17this Act or if no person has been involuntarily admitted. The
18Supreme Court may adopt any orders or rules necessary to
19identify the persons who shall be reported to the Illinois
20State Police under subsection (b), or any other orders or
21rules necessary to implement the requirements of this Act.
22 (c) The Department of Human Services shall, in the form
23and manner prescribed by the Illinois State Police, report all
24information collected under subsection (b) of Section 12 of
25the Mental Health and Developmental Disabilities
26Confidentiality Act for the purpose of determining whether a

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1person who may be or may have been a patient in a mental health
2facility is disqualified under State or federal law from
3receiving or retaining a Firearm Owner's Identification Card,
4or purchasing a weapon.
5 (d) If a person is determined to pose a clear and present
6danger to himself, herself, or to others:
7 (1) by a physician, clinical psychologist, or
8 qualified examiner, or is determined to have a
9 developmental disability by a physician, clinical
10 psychologist, or qualified examiner, whether employed by
11 the State or privately, then the physician, clinical
12 psychologist, or qualified examiner shall, within 24 hours
13 of making the determination, notify the Department of
14 Human Services that the person poses a clear and present
15 danger or has a developmental disability; or
16 (2) by a law enforcement official or school
17 administrator, then the law enforcement official or school
18 administrator shall, within 24 hours of making the
19 determination, notify the Illinois State Police that the
20 person poses a clear and present danger.
21 The Department of Human Services shall immediately update
22its records and information relating to mental health and
23developmental disabilities, and if appropriate, shall notify
24the Illinois State Police in a form and manner prescribed by
25the Illinois State Police. When the Illinois State Police is
26notified pursuant to this subsection that a person has been

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1determined to pose a clear and present danger, the The
2Illinois State Police shall determine whether to revoke the
3person's Firearm Owner's Identification Card under Section 8
4of this Act. The person reporting or alleging under this
5subsection that another person poses a clear and present
6danger to himself, herself, or to others shall determine
7whether to file an action under the Firearms Restraining Order
8Act naming that person as the respondent. Any information
9disclosed under this subsection shall remain privileged and
10confidential, and shall not be redisclosed, except as required
11under subsection (e) of Section 3.1 of this Act or for the
12purpose of an action under the Firearms Restraining Order Act,
13nor used for any other purpose. The method of providing this
14information shall guarantee that the information is not
15released beyond what is necessary for the purposes provided by
16purpose of this Section and shall be provided by rule by the
17Department of Human Services. The identity of the person
18reporting under this Section shall not be disclosed to the
19subject of the report. The physician, clinical psychologist,
20qualified examiner, law enforcement official, or school
21administrator making the determination and his or her employer
22shall not be held criminally, civilly, or professionally
23liable for making or not making the notification required
24under this subsection, except for willful or wanton
25misconduct.
26 (e) The Illinois State Police shall adopt rules to

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1implement this Section.
2(Source: P.A. 102-538, eff. 8-20-21.)
3 Section 15. The Firearms Restraining Order Act is amended
4by changing Sections 5, 10, 50, and 60 and by adding Section 63
5as follows:
6 (430 ILCS 67/5)
7 Sec. 5. Definitions. As used in this Act:
8 "Family member of the respondent" means a spouse, former
9spouse, person with whom the respondent has a minor child in
10common, parent, child, or step-child of the respondent, any
11other person related by blood or present marriage to the
12respondent, or a person who shares a common dwelling with the
13respondent.
14 "Firearms restraining order" means an order issued by the
15court, prohibiting and enjoining a named person from having in
16his or her custody or control, purchasing, possessing, or
17receiving any firearms or ammunition, or removing firearm
18parts that could be assembled to make an operable firearm.
19 "Intimate partner" means a spouse, former spouse, a person
20with whom the respondent has or allegedly has a child in
21common, or a person with whom the respondent has or has had a
22dating or engagement relationship.
23 "Petitioner" means:
24 (1) a family member of the respondent as defined in

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1 this Act; or
2 (2) a law enforcement officer who files a petition
3 alleging that the respondent poses a danger of causing
4 personal injury to himself, herself, or another by having
5 in his or her custody or control, purchasing, possessing,
6 or receiving a firearm, ammunition, or firearm parts that
7 could be assembled to make an operable firearm or removing
8 firearm parts that could be assembled to make an operable
9 firearm ; or .
10 (3) a physician, psychologist, clinical social worker,
11 licensed clinical professional counselor, clinical nurse
12 specialist in psychiatric and mental health nursing,
13 psychiatric nurse practitioner, licensed clinical marriage
14 or family therapist, or health officer or designee of a
15 health officer who has examined a respondent.
16 "Respondent" means the person alleged in the petition to
17pose a danger of causing personal injury to himself, herself,
18or another by having in his or her custody or control,
19purchasing, possessing, or receiving a firearm, ammunition, or
20firearm parts that could be assembled to make an operable
21firearm or removing firearm parts that could be assembled to
22make an operable firearm.
23(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
24 (430 ILCS 67/10)
25 Sec. 10. Commencement of action; procedure.

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1 (a) An action for a firearms restraining order is
2commenced by filing a verified petition for a firearms
3restraining order in any circuit court.
4 (b) A petition for a firearms restraining order may be
5filed in: (1) any county where the respondent resides or (2)
6any county where an incident occurred that involved the
7respondent posing an immediate and present danger of causing
8personal injury to the respondent or another by having in his
9or her custody or control, or purchasing, possessing, or
10receiving, a firearm, ammunition, or firearm parts that could
11be assembled to make an operable firearm. A firearms
12restraining order may be issued against any respondent,
13including, but not limited to, a respondent who, at the time of
14the filing of the petition for a firearms restraining order,
15is under the age of 21, does not have a valid Firearm Owner's
16Identification Card, or does not hold or have a right to
17possess a firearm.
18 (c) No fee shall be charged by the clerk for filing,
19amending, vacating, certifying, printing, or photocopying
20petitions or orders; or for issuing alias summons; or for any
21related filing service. No fee shall be charged by the sheriff
22or other law enforcement for service by the sheriff or other
23law enforcement of a petition, rule, motion, or order in an
24action commenced under this Section.
25 (d) The court shall provide, through the office of the
26clerk of the court, simplified forms and clerical assistance

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1to help with the writing and filing of a petition under this
2Section by any person not represented by counsel. In addition,
3that assistance may be provided by the State's Attorney.
4(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
5 (430 ILCS 67/50)
6 Sec. 50. Notice of orders.
7 (a) Entry and issuance. Upon issuance of any firearms
8restraining order, the clerk shall immediately, or on the next
9court day if an emergency firearms restraining order is issued
10in accordance with Section 35 of this Act (emergency firearms
11restraining order): (i) enter the order on the record and file
12it in accordance with the circuit court procedures and (ii)
13provide a file-stamped file stamped copy of the order to the
14respondent, if present, and to the petitioner.
15 (b) Filing with sheriff. The clerk of the issuing judge
16shall, or the petitioner may, on the same day that a firearms
17restraining order is issued, file a file-stamped certified
18copy of that order with the sheriff or other law enforcement
19officials charged with maintaining Illinois State Police
20records or charged with serving the order upon the respondent.
21If the order was issued in accordance with Section 35 of this
22Act (emergency firearms restraining order), the clerk shall,
23on the next court day, file a file-stamped certified copy of
24the order with the sheriff or other law enforcement officials
25charged with maintaining Illinois State Police records.

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1 (c) Service by sheriff. Unless the respondent was present
2in court when the order was issued, the sheriff or other law
3enforcement official shall promptly serve that order upon the
4respondent and file proof of the service, in the manner
5provided for service of process in civil proceedings. Instead
6of serving the order upon the respondent, however, the
7sheriff, other law enforcement official, or other persons
8defined in Section 112A-22.10 of the Code of Criminal
9Procedure of 1963 may serve the respondent with a short form
10notification as provided in that Section. If process has not
11yet been served upon the respondent, it shall be served with
12the order or short form notification if the service is made by
13the sheriff, or other law enforcement official.
14 (d) Any order renewing or terminating any firearms
15restraining order shall be promptly recorded, issued, and
16served as provided in this Section.
17(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
18 (430 ILCS 67/60)
19 Sec. 60. Filing of a firearms restraining order issued by
20another state.
21 (a) A person who has sought a firearms restraining order
22or similar order to temporarily remove firearms issued by the
23court of another state, tribe, or United States territory may
24file a file-stamped certified copy of the firearms restraining
25order with the clerk of the court in a judicial circuit in

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1which the person believes that enforcement may be necessary.
2 (b) The clerk shall:
3 (1) treat the foreign firearms restraining order in
4 the same manner as a judgment of the circuit court for any
5 county of this State in accordance with the provisions of
6 the Uniform Enforcement of Foreign Judgments Act, except
7 that the clerk shall not mail notice of the filing of the
8 foreign order to the respondent named in the order; and
9 (2) on the same day that a foreign firearms
10 restraining order is filed, file a file-stamped certified
11 copy of that order with the sheriff in the county in which
12 it is filed or other law enforcement officials charged
13 with maintaining Illinois State Police records as set
14 forth in Section 55 of this Act.
15 (c) Neither residence in this State nor filing of a
16foreign firearms restraining order shall be required for
17enforcement of the order by this State. Failure to file the
18foreign order shall not be an impediment to its treatment in
19all respects as an Illinois firearms restraining order.
20 (d) The clerk shall not charge a fee to file a foreign
21order of protection under this Section.
22(Source: P.A. 102-538, eff. 8-20-21.)
23 (430 ILCS 67/63 new)
24 Sec. 63. Office of Firearms Restraining Order
25Coordination.

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1 (a) Subject to appropriation from State and federal funds,
2there is established within the Department of Human Services
3the Office of Firearms Restraining Order Coordination. The
4Office shall consist of a Director and 5 Coordinators,
5appointed by the Secretary of Human Services. One Coordinator
6shall be selected from each of the 5 Illinois Appellate Court
7Districts and shall serve as a liaison between petitioners,
8State's Attorney offices, and the courts within that Appellate
9District in matters concerning firearms restraining orders.
10The Department of Human Services shall adopt any rules it
11deems necessary to implement this Section.
12 (b) Edward Byrne Memorial Justice Assistance Grant (JAG)
13program funds received by the State of Illinois from the
14federal government may be used to hire county Firearms
15Restraining Order coordinators, train law enforcement and
16other collaborators about implementing this Act, and fund
17other methods of implementation of this Act.
18 Section 97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
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