Bill Text: IL HB1155 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1155 Detail]

Download: Illinois-2013-HB1155-Amended.html

---

Rep. Elgie R. Sims, Jr.

Filed: 3/12/2013

09800HB1155ham039 LRB098 08475 MRW 42942 a
AMENDMENT TO HOUSE BILL 1155
AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
inserting the following in its proper numeric sequence:
"Section 810. The Firearm Owners Identification Card Act is
amended by changing Sections 4 and 8 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
(Text of Section before amendment by P.A. 97-1167)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means, if
and when made available by the Department of State Police;
and
(2) Submit evidence to the Department of State Police
that:

09800HB1155ham039 - 2 - LRB098 08475 MRW 42942 a
(i) He or she is 21 years of age or over, or if he
or she is under 21 years of age that he or she has the
written consent of his or her parent or legal guardian
to possess and acquire firearms and firearm ammunition
and that he or she has never been convicted of a
misdemeanor other than a traffic offense or adjudged
delinquent, provided, however, that such parent or
legal guardian is not an individual prohibited from
having a Firearm Owner's Identification Card and files
an affidavit with the Department as prescribed by the
Department stating that he or she is not an individual
prohibited from having a Card;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
institution within the past 5 years and he or she has
not been adjudicated as a mental defective;
(v) He or she is not intellectually disabled;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the

09800HB1155ham039 - 3 - LRB098 08475 MRW 42942 a
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a substantially
similar offense in another jurisdiction, in which a
firearm was used or possessed;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the
effective date of Public Act 97-158). If the applicant
knowingly and intelligently waives the right to have an
offense described in this clause (ix) tried by a jury,
and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of 18
U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has

09800HB1155ham039 - 4 - LRB098 08475 MRW 42942 a
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony;

09800HB1155ham039 - 5 - LRB098 08475 MRW 42942 a
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that
if committed by an adult would be a felony; and
(xiv) He or she is a resident of the State of
Illinois; and
(xv) He or she has received a mental health
evaluation by a clinical psychologist or physician as
those terms are defined in the Mental Health and
Developmental Disabilities Code and has received a
certification by the clinical psychologist or
physician that he or she:
(1) is not a danger to himself, herself, or to
others;
(2) does not lack the mental capacity to manage
his or her own affairs;
(3) is able to provide for his or her basic
physical needs so as to guard himself or herself
from serious harm without the assistance of family
or others; and
(4) does not have a state of mind manifested by
violent, suicidal, threatening, or assaultive
behavior that poses a clear and present danger to
himself, herself, or to others at the time of the
evaluation or in the future.
The certification shall be submitted to the

09800HB1155ham039 - 6 - LRB098 08475 MRW 42942 a
Department of State Police by the applicant at the time
of his or her application; and a mental health
evaluation as provided in this item (xv) is also
required when applying for renewal of a Firearm Owner's
Identification Card; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State Police
of limited mental health institution admission information
from another state, the District of Columbia, any other
territory of the United States, or a foreign nation
concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in a
mental health institution and disqualified because of that
status from receiving a Firearm Owner's Identification
Card. No mental health care or treatment records may be
requested. The information received shall be destroyed
within one year of receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Department
of State Police either his or her Illinois driver's license
number or Illinois Identification Card number, except as
provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed

09800HB1155ham039 - 7 - LRB098 08475 MRW 42942 a
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois
resident, shall furnish to the Department of State Police his
or her driver's license number or state identification card
number from his or her state of residence. The Department of
State Police may promulgate rules to enforce the provisions of
this subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's
Identification Card moves from the residence address named in
the application, he or she shall immediately notify in a form
and manner prescribed by the Department of State Police of that
change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Department of State Police his or her
photograph. An applicant who is 21 years of age or older
seeking a religious exemption to the photograph requirement
must furnish with the application an approved copy of United
States Department of the Treasury Internal Revenue Service Form
4029. In lieu of a photograph, an applicant regardless of age
seeking a religious exemption to the photograph requirement
shall submit fingerprints on a form and manner prescribed by
the Department with his or her application.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in

09800HB1155ham039 - 8 - LRB098 08475 MRW 42942 a
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1131, eff. 1-1-13.)
(Text of Section after amendment by P.A. 97-1167)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means, if
and when made available by the Department of State Police;
and
(2) Submit evidence to the Department of State Police
that:
(i) He or she is 21 years of age or over, or if he
or she is under 21 years of age that he or she has the
written consent of his or her parent or legal guardian
to possess and acquire firearms and firearm ammunition
and that he or she has never been convicted of a
misdemeanor other than a traffic offense or adjudged
delinquent, provided, however, that such parent or

09800HB1155ham039 - 9 - LRB098 08475 MRW 42942 a
legal guardian is not an individual prohibited from
having a Firearm Owner's Identification Card and files
an affidavit with the Department as prescribed by the
Department stating that he or she is not an individual
prohibited from having a Card;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
institution within the past 5 years;
(v) He or she is not intellectually disabled;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a substantially
similar offense in another jurisdiction, in which a
firearm was used or possessed;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the

09800HB1155ham039 - 10 - LRB098 08475 MRW 42942 a
effective date of Public Act 97-158). If the applicant
knowingly and intelligently waives the right to have an
offense described in this clause (ix) tried by a jury,
and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of 18
U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an

09800HB1155ham039 - 11 - LRB098 08475 MRW 42942 a
international organization having its
headquarters in the United States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony;
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that
if committed by an adult would be a felony;
(xiv) He or she is a resident of the State of
Illinois; and
(xv) He or she has not been adjudicated as a mental
defective; and

09800HB1155ham039 - 12 - LRB098 08475 MRW 42942 a
(xvi) He or she has received a mental health
evaluation by a clinical psychologist or physician as
those terms are defined in the Mental Health and
Developmental Disabilities Code and has received a
certification by the clinical psychologist or
physician that he or she:
(1) is not a danger to himself, herself, or to
others;
(2) does not lack the mental capacity to manage
his or her own affairs;
(3) is able to provide for his or her basic
physical needs so as to guard himself or herself
from serious harm without the assistance of family
or others; and
(4) does not have a state of mind manifested by
violent, suicidal, threatening, or assaultive
behavior that poses a clear and present danger to
himself, herself, or to others at the time of the
evaluation or in the future.
The certification shall be submitted to the
Department of State Police by the applicant at the time
of his or her application; and a mental health
evaluation as provided in this item (xvi) is also
required when applying for renewal of a Firearm Owner's
Identification Card; and
(3) Upon request by the Department of State Police,

09800HB1155ham039 - 13 - LRB098 08475 MRW 42942 a
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State Police
of limited mental health institution admission information
from another state, the District of Columbia, any other
territory of the United States, or a foreign nation
concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in a
mental health institution and disqualified because of that
status from receiving a Firearm Owner's Identification
Card. No mental health care or treatment records may be
requested. The information received shall be destroyed
within one year of receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Department
of State Police either his or her Illinois driver's license
number or Illinois Identification Card number, except as
provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois
resident, shall furnish to the Department of State Police his
or her driver's license number or state identification card
number from his or her state of residence. The Department of
State Police may promulgate rules to enforce the provisions of

09800HB1155ham039 - 14 - LRB098 08475 MRW 42942 a
this subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's
Identification Card moves from the residence address named in
the application, he or she shall immediately notify in a form
and manner prescribed by the Department of State Police of that
change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Department of State Police his or her
photograph. An applicant who is 21 years of age or older
seeking a religious exemption to the photograph requirement
must furnish with the application an approved copy of United
States Department of the Treasury Internal Revenue Service Form
4029. In lieu of a photograph, an applicant regardless of age
seeking a religious exemption to the photograph requirement
shall submit fingerprints on a form and manner prescribed by
the Department with his or her application.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.

09800HB1155ham039 - 15 - LRB098 08475 MRW 42942 a
(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
(Text of Section before amendment by P.A. 97-1167)
Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such parent
or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of this
or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental institution
within the past 5 years or has been adjudicated as a mental
defective;
(f) A person whose mental condition is of such a nature

09800HB1155ham039 - 16 - LRB098 08475 MRW 42942 a
that it poses a clear and present danger to the applicant, any
other person or persons or the community;
For the purposes of this Section, "mental condition" means
a state of mind manifested by violent, suicidal, threatening or
assaultive behavior.
(g) A person who is intellectually disabled;
(h) A person who intentionally makes a false statement in
the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States
under the laws of the United States;
(i-5) An alien who has been admitted to the United States
under a non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply
to any alien who has been lawfully admitted to the United
States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting or
sporting purposes;
(2) an official representative of a foreign government
who is:
(A) accredited to the United States Government or
the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to which
that alien is accredited;

09800HB1155ham039 - 17 - LRB098 08475 MRW 42942 a
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by
the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5 years
of battery, assault, aggravated assault, violation of an order
of protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery,
aggravated domestic battery, or a substantially similar
offense in another jurisdiction committed before, on or after
January 1, 2012 (the effective date of Public Act 97-158). If
the applicant or person who has been previously issued a
Firearm Owner's Identification Card under this Act knowingly
and intelligently waives the right to have an offense described
in this paragraph (l) tried by a jury, and by guilty plea or
otherwise, results in a conviction for an offense in which a
domestic relationship is not a required element of the offense
but in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of

09800HB1155ham039 - 18 - LRB098 08475 MRW 42942 a
Criminal Procedure of 1963, an entry by the court of a judgment
of conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm Owner's
Identification Card previously issued to the person under this
Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or
by federal law;
(o) A minor subject to a petition filed under Section 5-520
of the Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that if
committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony; or
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of Section 4;
or .
(r) A person who has received a mental health evaluation by
a clinical psychologist or physician as those terms are defined
in the Mental Health and Developmental Disabilities Code and
the clinical psychologist or physician determines that the Card
holder:
(1) is a danger to himself, herself, or to
others;

09800HB1155ham039 - 19 - LRB098 08475 MRW 42942 a
(2) lacks the mental capacity to manage his or
her own affairs;
(3) is unable to provide for his or her basic
physical needs so as to guard himself or herself
from serious harm without the assistance of family
or others; and
(4) has a state of mind manifested by violent,
suicidal, threatening, or assaultive behavior that
poses a clear and present danger to himself,
herself, or to others at the time of the evaluation
or in the future.
The clinical psychologist or physician shall,
immediately after making the determination described
in this subsection (r), forward that information to the
Department of State Police.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
(Text of Section after amendment by P.A. 97-1167)
Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted
of a misdemeanor other than a traffic offense or adjudged

09800HB1155ham039 - 20 - LRB098 08475 MRW 42942 a
delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such parent
or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of this
or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental institution
within the past 5 years. An active law enforcement officer
employed by a unit of government who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
this subsection (e) may obtain relief as described in
subsection (c-5) of Section 10 of this Act if the officer did
not act in a manner threatening to the officer, another person,
or the public as determined by the treating clinical
psychologist or physician, and the officer seeks mental health
treatment;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant, any
other person or persons or the community;
For the purposes of this Section, "mental condition" means
a state of mind manifested by violent, suicidal, threatening or
assaultive behavior.

09800HB1155ham039 - 21 - LRB098 08475 MRW 42942 a
(g) A person who is intellectually disabled;
(h) A person who intentionally makes a false statement in
the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States
under the laws of the United States;
(i-5) An alien who has been admitted to the United States
under a non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply
to any alien who has been lawfully admitted to the United
States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting or
sporting purposes;
(2) an official representative of a foreign government
who is:
(A) accredited to the United States Government or
the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to which
that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by
the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official

09800HB1155ham039 - 22 - LRB098 08475 MRW 42942 a
business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5 years
of battery, assault, aggravated assault, violation of an order
of protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery,
aggravated domestic battery, or a substantially similar
offense in another jurisdiction committed before, on or after
January 1, 2012 (the effective date of Public Act 97-158). If
the applicant or person who has been previously issued a
Firearm Owner's Identification Card under this Act knowingly
and intelligently waives the right to have an offense described
in this paragraph (l) tried by a jury, and by guilty plea or
otherwise, results in a conviction for an offense in which a
domestic relationship is not a required element of the offense
but in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a judgment
of conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm Owner's
Identification Card previously issued to the person under this
Act;

09800HB1155ham039 - 23 - LRB098 08475 MRW 42942 a
(m) (Blank);
(n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or
by federal law;
(o) A minor subject to a petition filed under Section 5-520
of the Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that if
committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony;
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of Section 4;
or
(r) A person who has been adjudicated as a mental
defective; or .
(s) A person who has received a mental health evaluation by
a clinical psychologist or physician as those terms are defined
in the Mental Health and Developmental Disabilities Code and
the clinical psychologist or physician determines that the Card
holder:
(1) is a danger to himself, herself, or to
others;
(2) lacks the mental capacity to manage his or
her own affairs;
(3) is unable to provide for his or her basic

09800HB1155ham039 - 24 - LRB098 08475 MRW 42942 a
physical needs so as to guard himself or herself
from serious harm without the assistance of family
or others; and
(4) has a state of mind manifested by violent,
suicidal, threatening, or assaultive behavior that
poses a clear and present danger to himself,
herself, or to others at the time of the evaluation
or in the future.
The clinical psychologist or physician shall,
immediately after making the determination described
in this subsection (s), forward that information to the
Department of State Police.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
97-1167, eff. 6-1-13.)
Section 811. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 11 as follows:
(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
Sec. 11. Disclosure of records and communications. Records
and communications may be disclosed:
(i) in accordance with the provisions of the Abused and
Neglected Child Reporting Act, subsection (u) of Section 5
of the Children and Family Services Act, or Section 7.4 of

09800HB1155ham039 - 25 - LRB098 08475 MRW 42942 a
the Child Care Act of 1969;
(ii) when, and to the extent, a therapist, in his or
her sole discretion, determines that disclosure is
necessary to initiate or continue civil commitment or
involuntary treatment proceedings under the laws of this
State or to otherwise protect the recipient or other person
against a clear, imminent risk of serious physical or
mental injury or disease or death being inflicted upon the
recipient or by the recipient on himself or another;
(iii) when, and to the extent disclosure is, in the
sole discretion of the therapist, necessary to the
provision of emergency medical care to a recipient who is
unable to assert or waive his or her rights hereunder;
(iv) when disclosure is necessary to collect sums or
receive third party payment representing charges for
mental health or developmental disabilities services
provided by a therapist or agency to a recipient under
Chapter V of the Mental Health and Developmental
Disabilities Code or to transfer debts under the
Uncollected State Claims Act; however, disclosure shall be
limited to information needed to pursue collection, and the
information so disclosed shall not be used for any other
purposes nor shall it be redisclosed except in connection
with collection activities;
(v) when requested by a family member, the Department
of Human Services may assist in the location of the

09800HB1155ham039 - 26 - LRB098 08475 MRW 42942 a
interment site of a deceased recipient who is interred in a
cemetery established under Section 26 of the Mental Health
and Developmental Disabilities Administrative Act;
(vi) in judicial proceedings under Article VIII of
Chapter III and Article V of Chapter IV of the Mental
Health and Developmental Disabilities Code and proceedings
and investigations preliminary thereto, to the State's
Attorney for the county or residence of a person who is the
subject of such proceedings, or in which the person is
found, or in which the facility is located, to the attorney
representing the petitioner in the judicial proceedings,
to the attorney representing the recipient in the judicial
proceedings, to any person or agency providing mental
health services that are the subject of the proceedings and
to that person's or agency's attorney, to any court
personnel, including but not limited to judges and circuit
court clerks, and to a guardian ad litem if one has been
appointed by the court. Information disclosed under this
subsection shall not be utilized for any other purpose nor
be redisclosed except in connection with the proceedings or
investigations. Copies of any records provided to counsel
for a petitioner shall be deleted or destroyed at the end
of the proceedings and counsel for petitioner shall certify
to the court in writing that he or she has done so. At the
request of a recipient or his or her counsel, the court
shall issue a protective order insuring the

09800HB1155ham039 - 27 - LRB098 08475 MRW 42942 a
confidentiality of any records or communications provided
to counsel for a petitioner;
(vii) when, and to the extent disclosure is necessary
to comply with the requirements of the Census Bureau in
taking the federal Decennial Census;
(viii) when, and to the extent, in the therapist's sole
discretion, disclosure is necessary to warn or protect a
specific individual against whom a recipient has made a
specific threat of violence where there exists a
therapist-recipient relationship or a special
recipient-individual relationship;
(ix) in accordance with the Sex Offender Registration
Act;
(x) in accordance with the Rights of Crime Victims and
Witnesses Act;
(xi) in accordance with Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act;
and
(xii) in accordance with Section 55 of the Abuse of
Adults with Disabilities Intervention Act; and
(xiii) in accordance with clause (a)(2)(xv) of Section
4 and subsection (s) of Section 8 of the Firearm Owners
Identification Card Act.
Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under the
Abused and Neglected Child Reporting Act or in the disclosure

09800HB1155ham039 - 28 - LRB098 08475 MRW 42942 a
of records and communications under this Section, shall have
immunity from any liability, civil, criminal or otherwise, that
might result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11;
97-375, eff. 8-15-11.)
Section 812. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.".