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

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

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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

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Rep. Kelly M. Cassidy

Filed: 3/12/2013

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AMENDMENT TO HOUSE BILL 1155
AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
inserting the following in its proper numeric sequence:
"Section 835. The Nursing Home Care Act is amended by
changing Section 3-119 as follows:
(210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
Sec. 3-119. (a) The Department, after notice to the
applicant or licensee, may suspend, revoke or refuse to renew a
license in any case in which the Department finds any of the
following:
(1) There has been a substantial failure to comply with
this Act or the rules and regulations promulgated by the
Department under this Act. A substantial failure by a
facility shall include, but not be limited to, any of the
following:
(A) termination of Medicare or Medicaid

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certification by the Centers for Medicare and Medicaid
Services; or
(B) a failure by the facility to pay any fine
assessed under this Act after the Department has sent
to the facility at least 2 notices of assessment that
include a schedule of payments as determined by the
Department, taking into account extenuating
circumstances and financial hardships of the facility.
(2) Conviction of the licensee, or of the person
designated to manage or supervise the facility, of a
felony, or of 2 or more misdemeanors involving moral
turpitude, during the previous 5 years as shown by a
certified copy of the record of the court of conviction.
(3) Personnel is insufficient in number or unqualified
by training or experience to properly care for the number
and type of residents served by the facility.
(4) Financial or other resources are insufficient to
conduct and operate the facility in accordance with
standards promulgated by the Department under this Act.
(5) The facility is not under the direct supervision of
a full-time administrator, as defined by regulation, who is
licensed, if required, under the Nursing Home
Administrators Licensing and Disciplinary Act.
(6) The facility has committed 2 Type "AA" violations
within a 2-year period.
(7) There has been a substantial failure to comply with

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the provisions of subsection (b) of Section 12 of the
Mental Health and Developmental Disabilities
Confidentiality Act.
(b) Notice under this Section shall include a clear and
concise statement of the violations on which the nonrenewal or
revocation is based, the statute or rule violated and notice of
the opportunity for a hearing under Section 3-703.
(c) If a facility desires to contest the nonrenewal or
revocation of a license, the facility shall, within 10 days
after receipt of notice under subsection (b) of this Section,
notify the Department in writing of its request for a hearing
under Section 3-703. Upon receipt of the request the Department
shall send notice to the facility and hold a hearing as
provided under Section 3-703.
(d) The effective date of nonrenewal or revocation of a
license by the Department shall be any of the following:
(1) Until otherwise ordered by the circuit court,
revocation is effective on the date set by the Department
in the notice of revocation, or upon final action after
hearing under Section 3-703, whichever is later.
(2) Until otherwise ordered by the circuit court,
nonrenewal is effective on the date of expiration of any
existing license, or upon final action after hearing under
Section 3-703, whichever is later; however, a license shall
not be deemed to have expired if the Department fails to
timely respond to a timely request for renewal under this

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Act or for a hearing to contest nonrenewal under paragraph
(c).
(3) The Department may extend the effective date of
license revocation or expiration in any case in order to
permit orderly removal and relocation of residents.
(e) The Department may impose fines on hospitals, not to
exceed $500 per occurrence, for failing to report the admission
of a person for mental health treatment when the admission
would disqualify the person from receiving or retaining a
Firearm Owner's Identification Card under subsection (e) of
Section 8 of the Firearm Owners Identification Card Act.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
Section 836. The Hospital Licensing Act is amended by
changing Section 7 as follows:
(210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
Sec. 7. (a) The Director after notice and opportunity for
hearing to the applicant or licensee may deny, suspend, or

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revoke a permit to establish a hospital or deny, suspend, or
revoke a license to open, conduct, operate, and maintain a
hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act,
the Hospital Report Card Act, or the Illinois Adverse Health
Care Events Reporting Law of 2005, or subsection (b) of Section
12 of the Mental Health and Developmental Disabilities
Confidentiality Act, or the standards, rules, and regulations
established by virtue of any of those Acts. The Department may
impose fines on hospitals, not to exceed $500 per occurrence,
for failing to (1) initiate a criminal background check on a
patient that meets the criteria for hospital-initiated
background checks, or (2) report the death of a person known to
be a resident of a facility licensed under the MR/DD Community
Care Act to the coroner or medical examiner within 24 hours as
required by Section 6.09a of this Act, or (3) report the
admission of a person for mental health treatment when the
admission would disqualify the person from receiving or
retaining a Firearm Owner's Identification Card under
subsection (e) of Section 8 of the Firearm Owners
Identification Card Act. In assessing whether to impose such a
fine for failure to initiate a criminal background check, the
Department shall consider various factors including, but not
limited to, whether the hospital has engaged in a pattern or
practice of failing to initiate criminal background checks.
Money from fines shall be deposited into the Long Term Care

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Provider Fund.
(b) Such notice shall be effected by registered mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from
the date of such mailing or service, at which time the
applicant or licensee shall be given an opportunity for a
hearing. Such hearing shall be conducted by the Director or by
an employee of the Department designated in writing by the
Director as Hearing Officer to conduct the hearing. On the
basis of any such hearing, or upon default of the applicant or
licensee, the Director shall make a determination specifying
his findings and conclusions. In case of a denial to an
applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under
which the permit was denied and shall contain findings of fact
forming the basis of such denial. A copy of such determination
shall be sent by registered mail or served personally upon the
applicant or licensee. The decision denying, suspending, or
revoking a permit or a license shall become final 35 days after
it is so mailed or served, unless the applicant or licensee,
within such 35 day period, petitions for review pursuant to
Section 13.
(c) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department and approved by the Hospital Licensing Board. A full
and complete record shall be kept of all proceedings, including

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the notice of hearing, complaint, and all other documents in
the nature of pleadings, written motions filed in the
proceedings, and the report and orders of the Director and
Hearing Officer. All testimony shall be reported but need not
be transcribed unless the decision is appealed pursuant to
Section 13. A copy or copies of the transcript may be obtained
by any interested party on payment of the cost of preparing
such copy or copies.
(d) The Director or Hearing Officer shall upon his own
motion, or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and the
giving of testimony by witnesses, and subpoenas duces tecum
requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued under
the terms of this Act may be served by any person of full age.
The fees of witnesses for attendance and travel shall be the
same as the fees of witnesses before the Circuit Court of this
State, such fees to be paid when the witness is excused from
further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall
be paid in the same manner as other expenses of the Department,
and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and
the fee of the witness be borne by the party at whose instance
the witness is summoned. In such case, the Department in its

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discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
issued as aforesaid shall be served in the same manner as a
subpoena issued out of a court.
(e) Any Circuit Court of this State upon the application of
the Director, or upon the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt,
or otherwise, in the same manner as production of evidence may
be compelled before the court.
(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.
(Source: P.A. 96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
Section 837. The Firearm Owners Identification Card Act is
amended by changing Sections 8, 8.1, 8.2, and 9 as follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)

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(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
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 determined to be inconsistent with the

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possession of weapons as determined by a treating clinical
psychologist or physician or manifested by threatening
behavior, for example violent, suicidal, threatening or
assaultive behavior as determined by a clinician, school
administrator, or law enforcement official.
(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;

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(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

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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.
(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

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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. 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;

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For the purposes of this Section, "mental condition" means
a state of mind determined to be inconsistent with the
possession of weapons as determined by a treating clinical
psychologist or physician or manifested by threatening
behavior, for example violent, suicidal, threatening or
assaultive behavior as determined by a clinician, school
administrator, or law enforcement official.
(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

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(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);
(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

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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;
(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.
(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.)

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(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Mental health notifications to Circuit Clerk to
notify Department of State Police.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Department of State
Police of all final dispositions of cases for which the
Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a mental
defective, as defined in Section 1.1 or as provided in
paragraph (3.5) of subsection (c) of Section 104-26 of the Code
of Criminal Procedure of 1963, the court shall direct the
circuit court clerk to immediately notify the Department of
State Police, Firearm Owner's Identification (FOID)
department, and shall forward a copy of the court order to the
Department.
(c) The Department of Human Services shall, in the form and
manner required by the Department of State Police, report all
information collected under subsection (b) of Section 12 of the
Mental Health and Developmental Disabilities Confidentiality
Act for the purpose of determining whether an individual who
may be or may have been a patient in a mental institution is
disqualified under State or federal law because of that status
from (1) receiving or retaining a Firearm Owner's
Identification Card or (2) purchasing a weapon.

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(d) Any clinical psychologist or physician treating an
individual whose mental condition is of such a nature that it
poses a clear and present danger to the individual, any other
person or persons or the community shall report the identity of
that person and his or her assessment of that person's mental
condition to the Department of State Police within 24 hours.
(e) Any college or university that finds one of its
students has a mental condition of such a nature that it poses
a clear and present danger to the student, any other person or
persons or the student population shall report the identity of
that person and his or her assessment of that student's mental
condition to the Department of State Police within 24 hours.
(f) The Department of State Police shall adopt rules to
implement this Section.
(Source: P.A. 97-1131, eff. 1-1-13.)
(430 ILCS 65/8.2)
Sec. 8.2. Firearm Owner's Identification Card denial or
revocation.
(a) The Department of State Police shall deny an
application or shall revoke and seize a Firearm Owner's
Identification Card previously issued under this Act if the
Department finds that the applicant or person to whom such card
was issued is or was at the time of issuance subject to any an
existing order of protection interim, emergency, or plenary
issued under the Illinois Domestic Violence Act of 1986 or the

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Stalking No Contact Order Act.
(b) The Department of State Police shall provide notice of
all revocations made under subsection (a) of this Section or
Section 8 of this Act, and the reason therefor to all law
enforcement agencies with jurisdiction to assist with the
revocation and seizure of the Firearm Owner's Identification
Card.
(Source: P.A. 96-701, eff. 1-1-10.)
(430 ILCS 65/9) (from Ch. 38, par. 83-9)
Sec. 9. Notice of denial or revocation.
(a) Every person whose application for a Firearm Owner's
Identification Card is denied, and every holder of such a Card
whose Card is revoked or seized, shall receive a written notice
from the Department of State Police stating specifically the
grounds upon which his application has been denied or upon
which his Identification Card has been revoked.
(b) Any person who has received notice from the Department
of State Police stating his or her card is revoked shall
immediately return the card to the Department of State Police.
Failure to return the card is a petty offense with a minimum
fine of $100. After being served notice, a person who uses his
or her revoked card to purchase any firearm, firearm
ammunition, or firearm ammunition feeding device is guilty of a
Class 4 felony.
(Source: P.A. 97-1131, eff. 1-1-13.)

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Section 838. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 12 as follows:
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Department of State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, relating to a specific recipient and the
facility director determines that disclosure of such
information may be necessary to protect the life of, or to
prevent the infliction of great bodily harm to, a public
official, or a person under the protection of the United States
Secret Service, only the following information may be
disclosed: the recipient's name, address, and age and the date
of any admission to or discharge from a facility; and any
information which would indicate whether or not the recipient
has a history of violence or presents a danger of violence to
the person under protection. Any information so disclosed shall
be used for investigative purposes only and shall not be
publicly disseminated. Any person participating in good faith
in the disclosure of such information in accordance with this
provision shall have immunity from any liability, civil,
criminal or otherwise, if such information is disclosed relying

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upon the representation of an officer of the United States
Secret Service or the Department of State Police that a person
is under the protection of the United States Secret Service or
is a public official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer, member of the General Assembly, member of the United
States Congress, Judge of the United States as defined in 28
U.S.C. 451, Justice of the United States as defined in 28
U.S.C. 451, United States Magistrate Judge as defined in 28
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
Supreme, Appellate, Circuit, or Associate Judge of the State of
Illinois. The term shall also include the spouse, child or
children of a public official.
(b) All The Department of Human Services (acting as
successor to the Department of Mental Health and Developmental
Disabilities) and all public or private hospitals, nursing
homes or long term care facilities, colleges or universities
providing mental health services to its student population, and
mental health facilities are required, as hereafter described
in this subsection, to furnish the Department of Human Services
(acting as successor to the Department of Mental Health and
Developmental Disabilities) State Police only such information
as defined by the Department of State Police that is may be
required for the sole purpose of determining whether an

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individual who may be or may have been a patient is
disqualified under State or federal law because of that status
from (1) receiving or retaining a Firearm Owner's
Identification Card or (2) purchasing a weapon, and submitting
identifying information regarding the disqualified individual
to the National Instant Criminal Background Check System Index
program under subsection (e) or (f) of Section 8 of the Firearm
Owners Identification Card Act or 18 U.S.C. 922(g) and (n). All
public or private hospitals, nursing homes or long term care
facilities, and mental health facilities shall, in the form and
manner required by the Department, provide such information as
shall be necessary for the Department to comply with the
reporting requirements to the Department of State Police in the
manner required by the Department of State Police. Such
information shall be furnished within 7 days after admission to
a public or private hospital, nursing home or long term care
facility, or mental health facility or the provision of
services to a patient described in clause (2) of this
subsection (b). Any such information disclosed under this
subsection shall remain privileged and confidential, and shall
only not be used and redisclosed as provided by , except as
required by clause (e)(2) of Section 3.1 of the Firearm Owners
Identification Card Act and may not be , nor utilized for any
other purpose. The method of requiring the providing of such
information shall guarantee that no information is released
beyond what is necessary for this purpose. In addition, the

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information disclosed shall be provided by the Department
within the time period established by Section 24-3 of the
Criminal Code of 2012 regarding the delivery of firearms. The
method used shall be sufficient to provide the necessary
information within the prescribed time period, which may
include periodically providing lists to the Department of Human
Services or any public or private hospital or mental health
facility of Firearm Owner's Identification Card applicants on
which the Department or hospital shall indicate the identities
of those individuals who are to its knowledge disqualified from
having a Firearm Owner's Identification Card for reasons
described herein. The Department may provide for a centralized
source of information for the State on this subject under its
jurisdiction.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this
provision, the good faith of any person, institution, or agency
so reporting or disclosing shall be presumed. The full extent
of the immunity provided in this subsection (b) shall apply to
any person, institution or agency that fails to make a report

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or disclosure in the good faith belief that the report or
disclosure would violate federal regulations governing the
confidentiality of alcohol and drug abuse patient records
implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) "Hospital" means only that type of institution
which is providing full-time residential facilities and
treatment.
(2) "Patient" shall include only: (i) a person who is
an in-patient or resident of any public or private hospital
or mental health facility or (ii) a person who is an
out-patient or provided services by a public or private
hospital or mental health facility whose mental condition
is of such a nature that it is manifested by violent,
suicidal, threatening, or assaultive behavior or reported
behavior, for which there is a reasonable belief by a
physician, clinical psychologist, or qualified examiner
that the condition poses a clear and present or imminent
danger to the patient, any other person or the community
meaning the patient's condition poses a clear and present
danger in accordance with subsection (f) of Section 8 of
the Firearm Owners Identification Card Act. The terms
physician, clinical psychologist, and qualified examiner
are defined in Sections 1-120, 1-103, and 1-122 of the
Mental Health and Developmental Disabilities Code.

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(3) "Mental health facility" is defined by Section
1-114 of the Mental Health and Developmental Disabilities
Code.
(c) Upon the request of a peace officer who takes a person
into custody and transports such person to a mental health or
developmental disability facility pursuant to Section 3-606 or
4-404 of the Mental Health and Developmental Disabilities Code
or who transports a person from such facility, a facility
director shall furnish said peace officer the name, address,
age and name of the nearest relative of the person transported
to or from the mental health or developmental disability
facility. In no case shall the facility director disclose to
the peace officer any information relating to the diagnosis,
treatment or evaluation of the person's mental or physical
health.
For the purposes of this subsection (c), the terms "mental
health or developmental disability facility", "peace officer"
and "facility director" shall have the meanings ascribed to
them in the Mental Health and Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the

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person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or future
discharge from the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in
accordance with this subsection (d) is immune from any
liability, civil, criminal or otherwise, that might result by
reason of the action.
(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
Section 839. 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.".