Bill Text: IL HB5231 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Creates the Law Enforcement Support Program Confidentiality Act. Provides that information, omissions, confessions, or other communication obtained by a participant in a peer support program involving a peer support counselor from a law enforcement officer, public safety employee, peace officer, firefighter, or emergency services personnel shall be considered confidential information and shall not be released to any person or entity, including, but not limited to, a court, administrative agency or tribunal, or public officer or employer, unless: (1) to the extent it appears necessary to prevent the commission of an act that is likely to result in a clear imminent risk of serious physical injury or death of a person or persons; (2) when required by court order; or (3) when, after full disclosure has been provided, the person who made the confession, admission, or other communication has given specific written consent. Amends the Firearm Owners Identification Card Act. Provides that a provision permitting the Department of State Police to deny an application for or to revoke and seize a Firearm Owner's Identification Card of a person who has been a patient of a mental health facility within the past 5 years is not applicable to an active law enforcement officer employed by a unit of government, unless the Department receives an affirmative statement by a treating clinical psychologist or physician that the law enforcement officer is a threat to himself or herself, another person, or the public. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 11-7)

Status: (Passed) 2019-01-03 - Added as Alternate Co-Sponsor Sen. John G. Mulroe [HB5231 Detail]

Download: Illinois-2017-HB5231-Chaptered.html



Public Act 100-0911
HB5231 EnrolledLRB100 20039 SLF 35321 b
AN ACT concerning law enforcement officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Uniform Peace Officers' Disciplinary Act is
amended by changing Section 6 and adding Section 7.2 as
follows:
(50 ILCS 725/6) (from Ch. 85, par. 2567)
Sec. 6. Except as otherwise provided in this Act, the The
provisions of this Act apply only to the extent there is no
collective bargaining agreement currently in effect dealing
with the subject matter of this Act.
(Source: P.A. 83-981.)
(50 ILCS 725/7.2 new)
Sec. 7.2. Possession of a Firearm Owner's Identification
Card. An employer of an officer shall not make possession of a
Firearm Owner's Identification Card a condition of continued
employment if the officer's Firearm Owner's Identification
Card is revoked or seized because the officer has been a
patient of a mental health facility and the officer has not
been determined to pose a clear and present danger to himself,
herself, or others as determined by a physician, clinical
psychologist, or qualified examiner. Nothing is this Section
shall otherwise impair an employer's ability to determine an
officer's fitness for duty. On and after the effective date of
this amendatory Act of the 100th General Assembly, Section 6 of
this Act shall not apply to the prohibition requiring a Firearm
Owner's Identification Card as a condition of continued
employment, but a collective bargaining agreement already in
effect on that issue on the effective date of this amendatory
Act of the 100th General Assembly cannot be modified.
Section 99. Effective date. This Act takes effect upon
becoming law.
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