Bill Text: IL HB5166 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may petition to revoke a Firearm Owner's Identification Card if the Department finds that the card holder is, or was at the time of issuance, a person whose mental condition was determined, following a complete evaluation by a psychiatrist or a physician pursuant to the Mental Health and Developmental Disabilities Confidentiality Act, to pose a clear and present danger to the card holder, another person, or the community, (instead of a Firearm Owner's Identification Card may be revoked if the Department finds that the card holder is or was at the time of issuance, a person whose mental condition poses a clear and present danger to the applicant, others, or the community based upon a reasonable belief by a physician, clinical psychologist, or qualified examiner). Provides that a revocation petition is heard in the circuit court in the card holder's county of residence. Provides that the State's Attorney may participate in the hearing, present evidence, and take a position on the petition. Provides that the court may revoke the card if it finds that substantial justice would be done by a revocation and the card holder is a person whose mental condition poses a clear and present danger to the card holder, others, or the community. Provides that the circuit court's decision is subject to appeal under the Code of Civil Procedure (instead of the card holder appealing the Department's revocation of the card is subject to administrative review in the circuit court). Amends the Mental Health and Developmental Disabilities Confidentiality Act. In provisions concerning disclosure of mental health records to the State Police, provides that a mental health facility may disclose to the State Police records about a person whose mental condition is manifested by violent, suicidal, threatening, or assaultive behavior, for which there is a reasonable belief following a complete evaluation (instead of reasonable belief) by a psychiatrist or a physician, (instead of by a physician, clinical psychologist, or qualified examiner) that the person poses a clear and present or imminent danger to the card holder, others, or the community. Makes other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB5166 Detail]

Download: Illinois-2009-HB5166-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5166 Introduced 2/1/2010, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED:
See Index
Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may petition to revoke a Firearm Owner's Identification Card if the Department finds that the card holder is, or was at the time of issuance, a person whose mental condition was determined, following a complete evaluation by a psychiatrist or a physician pursuant to the Mental Health and Developmental Disabilities Confidentiality Act, to pose a clear and present danger to the card holder, another person, or the community, (instead of a Firearm Owner's Identification Card may be revoked if the Department finds that the card holder is or was at the time of issuance, a person whose mental condition poses a clear and present danger to the applicant, others, or the community based upon a reasonable belief by a physician, clinical psychologist, or qualified examiner). Provides that a revocation petition is heard in the circuit court in the card holder's county of residence. Provides that the State's Attorney may participate in the hearing, present evidence, and take a position on the petition. Provides that the court may revoke the card if it finds that substantial justice would be done by a revocation and the card holder is a person whose mental condition poses a clear and present danger to the card holder, others, or the community. Provides that the circuit court's decision is subject to appeal under the Code of Civil Procedure (instead of the card holder appealing the Department's revocation of the card is subject to administrative review in the circuit court). Amends the Mental Health and Developmental Disabilities Confidentiality Act. In provisions concerning disclosure of mental health records to the State Police, provides that a mental health facility may disclose to the State Police records about a person whose mental condition is manifested by violent, suicidal, threatening, or assaultive behavior, for which there is a reasonable belief following a complete evaluation (instead of reasonable belief) by a psychiatrist or a physician, (instead of by a physician, clinical psychologist, or qualified examiner) that the person poses a clear and present or imminent danger to the card holder, others, or the community. Makes other changes.
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A BILL FOR
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AN ACT concerning public 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 and by adding Sections 8.3 and
10.1 as follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
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;

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(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) (Blank); 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.
(g) A person who is mentally retarded;
(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

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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);
(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 or
a substantially similar offense in another jurisdiction
committed on or after January 1, 1998;
(m) A person who has been convicted within the past 5 years
of domestic battery or a substantially similar offense in
another jurisdiction committed before January 1, 1998;
(n) A person who is prohibited from acquiring or possessing

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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; or
(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.
(Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)
(430 ILCS 65/8.3 new)
Sec. 8.3. Mental condition revocation.
(a) The Department of State Police has the authority to
petition for the revocation of a Firearm Owner's Identification
Card previously issued under this Act if the Department finds
that the person to whom such card was issued is or was at the
time of issuance a person whose mental condition is determined,
following a complete evaluation by a psychiatrist or a
physician pursuant to item (2) of subsection (b) of Section 12
of the Mental Health and Developmental Disabilities
Confidentiality Act, is of such a nature that it poses a clear
and present danger to the card holder, any other person or
persons, or the community.
(b) For the purposes of this Section, "mental condition"
means a state of mind manifested by violent, suicidal,

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threatening, or assaultive behavior.
(430 ILCS 65/10.1 new)
Sec. 10.1. Firearm owner's identification card revocation
process-mental condition.
(a) Whenever the Department petitions for the revocation of
a Firearm Owner's Identification Card under Section 8.3, a
hearing upon the Department's petition shall be held in the
circuit court in the county of residence of the card holder
whose Firearm Owner's Identification Card is the subject of the
petition.
(b) At least 30 days before any hearing in the circuit
court, the Department shall serve the holder of the Firearm
Owner's Identification Card and the relevant State's Attorney
with a copy of the petition for revocation. The Department
shall proceed on its petition before the court and the holder
of the Firearm Owner's Identification Card may respond.
Additionally, the State's Attorney may participate in the
hearing, present evidence, and take a position on the petition.
At the hearing the court shall determine whether substantial
justice would be done by revoking the card holder's card and
whether the card holder is a person whose mental condition is
of such a nature that it poses a clear and present danger to
the card holder, any other person or persons, or the community.
(c) A circuit court decision entered pursuant to this
Section shall be subject to appeal under the provisions of the

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Code of Civil Procedure.
Section 10. 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,

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criminal or otherwise, if such information is disclosed relying
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) The Department of Human Services (acting as successor
to the Department of Mental Health and Developmental
Disabilities) and all public or private hospitals and mental
health facilities are required, as hereafter described in this
subsection, to furnish the Department of State Police only such
information as may be required for the sole purpose of
determining whether an individual who may be or may have been a
patient is disqualified because of that status from receiving
or retaining a Firearm Owner's Identification Card under
subsection (e) or (f) of Section 8 of the Firearm Owners

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Identification Card Act or 18 U.S.C. 922(g) and (n). All public
or private hospitals 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. Such information shall be furnished within 7 days after
admission to a public or private hospital 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 not be redisclosed, except as required
by clause (e)(2) of Section 3.1 of the Firearm Owners
Identification Card Act, 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 information
disclosed shall be provided by the Department within the time
period established by Section 24-3 of the Criminal Code of 1961
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

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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
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

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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 following
a complete evaluation by a psychiatrist or 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 and
psychiatrist , clinical psychologist, and qualified
examiner are defined in Sections 1-120 and 1-121 , 1-103,
and 1-122 of the Mental Health and Developmental
Disabilities Code.
(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,

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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
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

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reason of the action.
(Source: P.A. 95-564, eff. 6-1-08; 96-193, eff. 8-10-09.)
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INDEX
Statutes amended in order of appearance
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/8.3 new
430 ILCS 65/10.1 new
740 ILCS 110/12