Bill Text: IL HB2445 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Firearm Owner's Identification Card Act. In provisions regarding notification to the Illinois State Police, allows a physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator who notifies the Department of Human Services or the Illinois State Police of a person who is determined to pose a clear and present danger to himself, herself, or to others to rescind and cancel the notification within 5 days, putting the person back in the position as if the notification had not occurred. Requires the Illinois State Police to adopt rules to implement the provisions added by this amendatory Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-04 - Referred to Rules Committee [HB2445 Detail]

Download: Illinois-2025-HB2445-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2445 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
Amends the Firearm Owner's Identification Card Act. In provisions regarding notification to the Illinois State Police, allows a physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator who notifies the Department of Human Services or the Illinois State Police of a person who is determined to pose a clear and present danger to himself, herself, or to others to rescind and cancel the notification within 5 days, putting the person back in the position as if the notification had not occurred. Requires the Illinois State Police to adopt rules to implement the provisions added by this amendatory Act.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 8.1 as follows:
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Illinois State Police.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Illinois 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 person with a
mental disability as defined in Section 1.1 of this Act or a
finding that a person has been involuntarily admitted, the
court shall direct the circuit court clerk to immediately
notify the Illinois State Police, Firearm Owner's
Identification (FOID) department, and shall forward a copy of
the court order to the Department.
(b-1) Beginning July 1, 2016, and each July 1 and December
30 of every year thereafter, the circuit court clerk shall, in
the form and manner prescribed by the Illinois State Police,
notify the Illinois State Police, Firearm Owner's

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Identification (FOID) department if the court has not directed
the circuit court clerk to notify the Illinois State Police,
Firearm Owner's Identification (FOID) department under
subsection (b) of this Section, within the preceding 6 months,
because no person has been adjudicated as a person with a
mental disability by the court as defined in Section 1.1 of
this Act or if no person has been involuntarily admitted. The
Supreme Court may adopt any orders or rules necessary to
identify the persons who shall be reported to the Illinois
State Police under subsection (b), or any other orders or
rules necessary to implement the requirements of this Act.
(c) The Department of Human Services shall, in the form
and manner prescribed by the Illinois 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 a
person who may be or may have been a patient in a mental health
facility is disqualified under State or federal law from
receiving or retaining a Firearm Owner's Identification Card,
or purchasing a weapon.
(d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:
(1) by a physician, clinical psychologist, or
qualified examiner, or is determined to have a
developmental disability by a physician, clinical
psychologist, or qualified examiner, whether employed by

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the State or privately, then the physician, clinical
psychologist, or qualified examiner shall, within 24 hours
of making the determination, notify the Department of
Human Services that the person poses a clear and present
danger or has a developmental disability; or
(2) by a law enforcement official or school
administrator, then the law enforcement official or school
administrator shall, within 24 hours of making the
determination, notify the Illinois State Police that the
person poses a clear and present danger.
The Department of Human Services shall immediately update
its records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Illinois State Police in a form and manner prescribed by
the Illinois State Police. The Illinois State Police shall
determine whether to revoke the person's Firearm Owner's
Identification Card under Section 8 of this Act. Any
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of this
Act, nor used for any other purpose. The method of providing
this information shall guarantee that the information is not
released beyond what is necessary for the purpose of this
Section and shall be provided by rule by the Department of
Human Services. The identity of the person reporting under
this Section shall not be disclosed to the subject of the

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report. The physician, clinical psychologist, qualified
examiner, law enforcement official, or school administrator
making the determination and his or her employer shall not be
held criminally, civilly, or professionally liable for making
or not making the notification required under this subsection,
except for willful or wanton misconduct.
A physician, clinical psychologist, qualified examiner,
law enforcement official, or school administrator who notifies
the Department of Human Services or the Illinois State Police
under paragraph (1) or (2) of this subsection (d) may rescind
and cancel the notification within 5 days of the notification
for any reason. Upon such rescission and cancellation of
notification within 5 days, the Department of Human Services
and the Illinois State Police shall put the person who was
determined to pose a clear and present danger to himself,
herself, or to others back in the position as if the
notification had not occurred. The identity of the person
rescinding and cancelling under this Section shall not be
disclosed to the subject of the report. The physician,
clinical psychologist, qualified examiner, law enforcement
official, or school administrator and his or her employer
shall not be held criminally, civilly, or professionally
liable for rescinding and cancelling the notification under
this subsection, except for willful or wanton misconduct.
(e) The Illinois State Police shall adopt rules to
implement this Section. The Illinois State Police shall adopt

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rules to implement the provisions added by this amendatory Act
of the 104th General Assembly.
(Source: P.A. 102-538, eff. 8-20-21.)