Bill Text: IL SB1967 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Code to require a physician, clinical psychologist, or qualified examiner to determine whether to file an action under the Firearms Restraining Order Act under specified circumstances. Amends the Firearm Owners Identification Card Act and the Firearms Restraining Order Act. Subject to appropriation, establishes the Office of Firearms Restraining Order Coordination within the Department of Human Services. Provides that if any Firearm Owner's Identification Card of the respondent is surrendered, the period of surrender shall be for the duration of the order of protection. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-15 - Chief Sponsor Changed to Sen. Don Harmon [SB1967 Detail]

Download: Illinois-2023-SB1967-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1967 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
405 ILCS 5/6-103.3
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
430 ILCS 67/5
430 ILCS 67/10
430 ILCS 67/50
430 ILCS 67/60
430 ILCS 67/63 new
Amends the Mental Health and Developmental Disabilities Code to require a physician, clinical psychologist, or qualified examiner to determine whether to file an action under the Firearms Restraining Order Act under specified circumstances. Amends the Firearm Owners Identification Card Act and the Firearms Restraining Order Act. Subject to appropriation, establishes the Office of Firearms Restraining Order Coordination within the Department of Human Services. Provides that if any Firearm Owner's Identification Card of the respondent is surrendered, the period of surrender shall be for the duration of the order of protection. Makes conforming changes. Effective immediately.
LRB103 26409 RLC 52772 b
A BILL FOR
SB1967 LRB103 26409 RLC 52772 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Section 6-103.3 as
follows:
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice.
(a) If a person is determined to pose a clear and present
danger to himself, herself, or to others by a physician,
clinical psychologist, or qualified examiner, whether employed
by the State, by any public or private mental health facility
or part thereof, or by a law enforcement official or a school
administrator, then the physician, clinical psychologist,
qualified examiner shall notify the Department of Human
Services and a law enforcement official or school
administrator shall notify the Illinois State Police, within
24 hours of making the determination 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. If a

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person has been determined to pose a clear and present danger
under this subsection, the physician, clinical psychologist,
or qualified examiner shall determine whether to file an
action under the Firearms Restraining Order Act naming that
person as the respondent.
(b) Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act or for the purpose of
an action under the Firearms Restraining Order Act, nor used
for any other purpose. The method of providing this
information shall guarantee that the information is not
released beyond that which is necessary for the purposes
provided by 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 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 Section, except for willful
or wanton misconduct. This Section does not apply to a law
enforcement official, if making the notification under this
Section will interfere with an ongoing or pending criminal
investigation.

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(c) For the purposes of this Section:
"Clear and present danger" has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification
Card Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical
psychologist, or qualified examiner, a person poses a
clear and present danger.
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 10. 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

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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
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

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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
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. When the Illinois State Police is
notified pursuant to this subsection that a person has been

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determined to pose a clear and present danger, the The
Illinois State Police shall determine whether to revoke the
person's Firearm Owner's Identification Card under Section 8
of this Act. The person reporting or alleging under this
subsection that another person poses a clear and present
danger to himself, herself, or to others shall determine
whether to file an action under the Firearms Restraining Order
Act naming that person as the respondent. 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 or for the
purpose of an action under the Firearms Restraining Order 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 purposes provided by
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 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.
(e) The Illinois State Police shall adopt rules to

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implement this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 15. The Firearms Restraining Order Act is amended
by changing Sections 5, 10, 50, and 60 and by adding Section 63
as follows:
(430 ILCS 67/5)
Sec. 5. Definitions. As used in this Act:
"Family member of the respondent" means a spouse, former
spouse, person with whom the respondent has a minor child in
common, parent, child, or step-child of the respondent, any
other person related by blood or present marriage to the
respondent, or a person who shares a common dwelling with the
respondent.
"Firearms restraining order" means an order issued by the
court, prohibiting and enjoining a named person from having in
his or her custody or control, purchasing, possessing, or
receiving any firearms or ammunition, or removing firearm
parts that could be assembled to make an operable firearm.
"Intimate partner" means a spouse, former spouse, a person
with whom the respondent has or allegedly has a child in
common, or a person with whom the respondent has or has had a
dating or engagement relationship.
"Petitioner" means:
(1) a family member of the respondent as defined in

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this Act; or
(2) a law enforcement officer who files a petition
alleging that the respondent poses a danger of causing
personal injury to himself, herself, or another by having
in his or her custody or control, purchasing, possessing,
or receiving a firearm, ammunition, or firearm parts that
could be assembled to make an operable firearm or removing
firearm parts that could be assembled to make an operable
firearm ; or .
(3) a physician, psychologist, clinical social worker,
licensed clinical professional counselor, clinical nurse
specialist in psychiatric and mental health nursing,
psychiatric nurse practitioner, licensed clinical marriage
or family therapist, or health officer or designee of a
health officer who has examined a respondent.
"Respondent" means the person alleged in the petition to
pose a danger of causing personal injury to himself, herself,
or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm or removing firearm parts that could be assembled to
make an operable firearm.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
(430 ILCS 67/10)
Sec. 10. Commencement of action; procedure.

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(a) An action for a firearms restraining order is
commenced by filing a verified petition for a firearms
restraining order in any circuit court.
(b) A petition for a firearms restraining order may be
filed in: (1) any county where the respondent resides or (2)
any county where an incident occurred that involved the
respondent posing an immediate and present danger of causing
personal injury to the respondent or another by having in his
or her custody or control, or purchasing, possessing, or
receiving, a firearm, ammunition, or firearm parts that could
be assembled to make an operable firearm. A firearms
restraining order may be issued against any respondent,
including, but not limited to, a respondent who, at the time of
the filing of the petition for a firearms restraining order,
is under the age of 21, does not have a valid Firearm Owner's
Identification Card, or does not hold or have a right to
possess a firearm.
(c) No fee shall be charged by the clerk for filing,
amending, vacating, certifying, printing, or photocopying
petitions or orders; or for issuing alias summons; or for any
related filing service. No fee shall be charged by the sheriff
or other law enforcement for service by the sheriff or other
law enforcement of a petition, rule, motion, or order in an
action commenced under this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms and clerical assistance

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to help with the writing and filing of a petition under this
Section by any person not represented by counsel. In addition,
that assistance may be provided by the State's Attorney.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
(430 ILCS 67/50)
Sec. 50. Notice of orders.
(a) Entry and issuance. Upon issuance of any firearms
restraining order, the clerk shall immediately, or on the next
court day if an emergency firearms restraining order is issued
in accordance with Section 35 of this Act (emergency firearms
restraining order): (i) enter the order on the record and file
it in accordance with the circuit court procedures and (ii)
provide a file-stamped file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that a firearms
restraining order is issued, file a file-stamped certified
copy of that order with the sheriff or other law enforcement
officials charged with maintaining Illinois State Police
records or charged with serving the order upon the respondent.
If the order was issued in accordance with Section 35 of this
Act (emergency firearms restraining order), the clerk shall,
on the next court day, file a file-stamped certified copy of
the order with the sheriff or other law enforcement officials
charged with maintaining Illinois State Police records.

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(c) Service by sheriff. Unless the respondent was present
in court when the order was issued, the sheriff or other law
enforcement official shall promptly serve that order upon the
respondent and file proof of the service, in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the
sheriff, other law enforcement official, or other persons
defined in Section 112A-22.10 of the Code of Criminal
Procedure of 1963 may serve the respondent with a short form
notification as provided in that Section. If process has not
yet been served upon the respondent, it shall be served with
the order or short form notification if the service is made by
the sheriff, or other law enforcement official.
(d) Any order renewing or terminating any firearms
restraining order shall be promptly recorded, issued, and
served as provided in this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
(430 ILCS 67/60)
Sec. 60. Filing of a firearms restraining order issued by
another state.
(a) A person who has sought a firearms restraining order
or similar order to temporarily remove firearms issued by the
court of another state, tribe, or United States territory may
file a file-stamped certified copy of the firearms restraining
order with the clerk of the court in a judicial circuit in

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which the person believes that enforcement may be necessary.
(b) The clerk shall:
(1) treat the foreign firearms restraining order in
the same manner as a judgment of the circuit court for any
county of this State in accordance with the provisions of
the Uniform Enforcement of Foreign Judgments Act, except
that the clerk shall not mail notice of the filing of the
foreign order to the respondent named in the order; and
(2) on the same day that a foreign firearms
restraining order is filed, file a file-stamped certified
copy of that order with the sheriff in the county in which
it is filed or other law enforcement officials charged
with maintaining Illinois State Police records as set
forth in Section 55 of this Act.
(c) Neither residence in this State nor filing of a
foreign firearms restraining order shall be required for
enforcement of the order by this State. Failure to file the
foreign order shall not be an impediment to its treatment in
all respects as an Illinois firearms restraining order.
(d) The clerk shall not charge a fee to file a foreign
order of protection under this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 67/63 new)
Sec. 63. Office of Firearms Restraining Order
Coordination.

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(a) Subject to appropriation from State and federal funds,
there is established within the Department of Human Services
the Office of Firearms Restraining Order Coordination. The
Office shall consist of a Director and 5 Coordinators,
appointed by the Secretary of Human Services. One Coordinator
shall be selected from each of the 5 Illinois Appellate Court
Districts and shall serve as a liaison between petitioners,
State's Attorney offices, and the courts within that Appellate
District in matters concerning firearms restraining orders.
The Department of Human Services shall adopt any rules it
deems necessary to implement this Section.
(b) Edward Byrne Memorial Justice Assistance Grant (JAG)
program funds received by the State of Illinois from the
federal government may be used to hire county Firearms
Restraining Order coordinators, train law enforcement and
other collaborators about implementing this Act, and fund
other methods of implementation of this Act.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.