Illinois 2023-2024 Regular Session

Illinois House Bill HB3302 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3302 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 5 ILCS 120/2 from Ch. 102, par. 42 405 ILCS 5/6-103.3 Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Mental Health and Developmental Disabilities Code. Provides that the Illinois State Police, in conjunction with the Illinois State Board of Education and the Illinois Board of Higher Education, shall prescribe the form and manner that the school administrator shall notify the Illinois State Police of the determination. Provides that when the Illinois State Police is notified by a school administrator that a person has been determined to pose a clear and present danger, within 24 hours of receiving the notification, it shall notify a local law enforcement agency where the person resides and, if applicable, a local law enforcement agency where the school administrator's school is located of that determination. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card, if applicable, and in consultation with local law enforcement, whether an Illinois State Police Officer will file a petition under the Firearms Restraining Order Act with that person as the respondent. Provides that within 24 hours after a school administrator makes a notification pursuant to this provision, the Illinois State Police shall notify the school administrator in writing of its determination about whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Makes other changes. Effective immediately. LRB103 29563 RLC 55958 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3302 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 5 ILCS 120/2 from Ch. 102, par. 42 405 ILCS 5/6-103.3 5 ILCS 120/2 from Ch. 102, par. 42 405 ILCS 5/6-103.3 Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Mental Health and Developmental Disabilities Code. Provides that the Illinois State Police, in conjunction with the Illinois State Board of Education and the Illinois Board of Higher Education, shall prescribe the form and manner that the school administrator shall notify the Illinois State Police of the determination. Provides that when the Illinois State Police is notified by a school administrator that a person has been determined to pose a clear and present danger, within 24 hours of receiving the notification, it shall notify a local law enforcement agency where the person resides and, if applicable, a local law enforcement agency where the school administrator's school is located of that determination. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card, if applicable, and in consultation with local law enforcement, whether an Illinois State Police Officer will file a petition under the Firearms Restraining Order Act with that person as the respondent. Provides that within 24 hours after a school administrator makes a notification pursuant to this provision, the Illinois State Police shall notify the school administrator in writing of its determination about whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Makes other changes. Effective immediately. LRB103 29563 RLC 55958 b LRB103 29563 RLC 55958 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3302 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 120/2 from Ch. 102, par. 42 405 ILCS 5/6-103.3 5 ILCS 120/2 from Ch. 102, par. 42 405 ILCS 5/6-103.3
4	4	5 ILCS 120/2 from Ch. 102, par. 42
5	5	405 ILCS 5/6-103.3
6	6	Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Mental Health and Developmental Disabilities Code. Provides that the Illinois State Police, in conjunction with the Illinois State Board of Education and the Illinois Board of Higher Education, shall prescribe the form and manner that the school administrator shall notify the Illinois State Police of the determination. Provides that when the Illinois State Police is notified by a school administrator that a person has been determined to pose a clear and present danger, within 24 hours of receiving the notification, it shall notify a local law enforcement agency where the person resides and, if applicable, a local law enforcement agency where the school administrator's school is located of that determination. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card, if applicable, and in consultation with local law enforcement, whether an Illinois State Police Officer will file a petition under the Firearms Restraining Order Act with that person as the respondent. Provides that within 24 hours after a school administrator makes a notification pursuant to this provision, the Illinois State Police shall notify the school administrator in writing of its determination about whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Makes other changes. Effective immediately.
7	7	LRB103 29563 RLC 55958 b LRB103 29563 RLC 55958 b
8	8	LRB103 29563 RLC 55958 b
9	9	A BILL FOR
10	10	HB3302LRB103 29563 RLC 55958 b HB3302 LRB103 29563 RLC 55958 b
11	11	HB3302 LRB103 29563 RLC 55958 b
12	12	1 AN ACT concerning firearms.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Open Meetings Act is amended by changing
16	16	5 Section 2 as follows:
17	17	6 (5 ILCS 120/2) (from Ch. 102, par. 42)
18	18	7 Sec. 2. Open meetings.
19	19	8 (a) Openness required. All meetings of public bodies shall
20	20	9 be open to the public unless excepted in subsection (c) and
21	21	10 closed in accordance with Section 2a.
22	22	11 (b) Construction of exceptions. The exceptions contained
23	23	12 in subsection (c) are in derogation of the requirement that
24	24	13 public bodies meet in the open, and therefore, the exceptions
25	25	14 are to be strictly construed, extending only to subjects
26	26	15 clearly within their scope. The exceptions authorize but do
27	27	16 not require the holding of a closed meeting to discuss a
28	28	17 subject included within an enumerated exception.
29	29	18 (c) Exceptions. A public body may hold closed meetings to
30	30	19 consider the following subjects:
31	31	20 (1) The appointment, employment, compensation,
32	32	21 discipline, performance, or dismissal of specific
33	33	22 employees, specific individuals who serve as independent
34	34	23 contractors in a park, recreational, or educational
35	35
36	36
37	37
38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3302 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
39	39	5 ILCS 120/2 from Ch. 102, par. 42 405 ILCS 5/6-103.3 5 ILCS 120/2 from Ch. 102, par. 42 405 ILCS 5/6-103.3
40	40	5 ILCS 120/2 from Ch. 102, par. 42
41	41	405 ILCS 5/6-103.3
42	42	Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Mental Health and Developmental Disabilities Code. Provides that the Illinois State Police, in conjunction with the Illinois State Board of Education and the Illinois Board of Higher Education, shall prescribe the form and manner that the school administrator shall notify the Illinois State Police of the determination. Provides that when the Illinois State Police is notified by a school administrator that a person has been determined to pose a clear and present danger, within 24 hours of receiving the notification, it shall notify a local law enforcement agency where the person resides and, if applicable, a local law enforcement agency where the school administrator's school is located of that determination. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card, if applicable, and in consultation with local law enforcement, whether an Illinois State Police Officer will file a petition under the Firearms Restraining Order Act with that person as the respondent. Provides that within 24 hours after a school administrator makes a notification pursuant to this provision, the Illinois State Police shall notify the school administrator in writing of its determination about whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Makes other changes. Effective immediately.
43	43	LRB103 29563 RLC 55958 b LRB103 29563 RLC 55958 b
44	44	LRB103 29563 RLC 55958 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	5 ILCS 120/2 from Ch. 102, par. 42
52	52	405 ILCS 5/6-103.3
53	53
54	54
55	55
56	56	LRB103 29563 RLC 55958 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	HB3302 LRB103 29563 RLC 55958 b
67	67
68	68
69	69	HB3302- 2 -LRB103 29563 RLC 55958 b HB3302 - 2 - LRB103 29563 RLC 55958 b
70	70	HB3302 - 2 - LRB103 29563 RLC 55958 b
71	71	1 setting, or specific volunteers of the public body or
72	72	2 legal counsel for the public body, including hearing
73	73	3 testimony on a complaint lodged against an employee, a
74	74	4 specific individual who serves as an independent
75	75	5 contractor in a park, recreational, or educational
76	76	6 setting, or a volunteer of the public body or against
77	77	7 legal counsel for the public body to determine its
78	78	8 validity. However, a meeting to consider an increase in
79	79	9 compensation to a specific employee of a public body that
80	80	10 is subject to the Local Government Wage Increase
81	81	11 Transparency Act may not be closed and shall be open to the
82	82	12 public and posted and held in accordance with this Act.
83	83	13 (2) Collective negotiating matters between the public
84	84	14 body and its employees or their representatives, or
85	85	15 deliberations concerning salary schedules for one or more
86	86	16 classes of employees.
87	87	17 (3) The selection of a person to fill a public office,
88	88	18 as defined in this Act, including a vacancy in a public
89	89	19 office, when the public body is given power to appoint
90	90	20 under law or ordinance, or the discipline, performance or
91	91	21 removal of the occupant of a public office, when the
92	92	22 public body is given power to remove the occupant under
93	93	23 law or ordinance.
94	94	24 (4) Evidence or testimony presented in open hearing,
95	95	25 or in closed hearing where specifically authorized by law,
96	96	26 to a quasi-adjudicative body, as defined in this Act,
97	97
98	98
99	99
100	100
101	101
102	102	HB3302 - 2 - LRB103 29563 RLC 55958 b
103	103
104	104
105	105	HB3302- 3 -LRB103 29563 RLC 55958 b HB3302 - 3 - LRB103 29563 RLC 55958 b
106	106	HB3302 - 3 - LRB103 29563 RLC 55958 b
107	107	1 provided that the body prepares and makes available for
108	108	2 public inspection a written decision setting forth its
109	109	3 determinative reasoning.
110	110	4 (5) The purchase or lease of real property for the use
111	111	5 of the public body, including meetings held for the
112	112	6 purpose of discussing whether a particular parcel should
113	113	7 be acquired.
114	114	8 (6) The setting of a price for sale or lease of
115	115	9 property owned by the public body.
116	116	10 (7) The sale or purchase of securities, investments,
117	117	11 or investment contracts. This exception shall not apply to
118	118	12 the investment of assets or income of funds deposited into
119	119	13 the Illinois Prepaid Tuition Trust Fund.
120	120	14 (8) Security procedures, school building safety and
121	121	15 security, and the use of personnel, and equipment,
122	122	16 reporting to law enforcement, or legal action to respond
123	123	17 to an actual, a threatened, or a reasonably potential
124	124	18 danger to the safety of employees, students, staff, the
125	125	19 public, or public property.
126	126	20 (9) Student disciplinary cases.
127	127	21 (10) The placement of individual students in special
128	128	22 education programs and other matters relating to
129	129	23 individual students.
130	130	24 (11) Litigation, when an action against, affecting or
131	131	25 on behalf of the particular public body has been filed and
132	132	26 is pending before a court or administrative tribunal, or
133	133
134	134
135	135
136	136
137	137
138	138	HB3302 - 3 - LRB103 29563 RLC 55958 b
139	139
140	140
141	141	HB3302- 4 -LRB103 29563 RLC 55958 b HB3302 - 4 - LRB103 29563 RLC 55958 b
142	142	HB3302 - 4 - LRB103 29563 RLC 55958 b
143	143	1 when the public body finds that an action is probable or
144	144	2 imminent, in which case the basis for the finding shall be
145	145	3 recorded and entered into the minutes of the closed
146	146	4 meeting.
147	147	5 (12) The establishment of reserves or settlement of
148	148	6 claims as provided in the Local Governmental and
149	149	7 Governmental Employees Tort Immunity Act, if otherwise the
150	150	8 disposition of a claim or potential claim might be
151	151	9 prejudiced, or the review or discussion of claims, loss or
152	152	10 risk management information, records, data, advice or
153	153	11 communications from or with respect to any insurer of the
154	154	12 public body or any intergovernmental risk management
155	155	13 association or self insurance pool of which the public
156	156	14 body is a member.
157	157	15 (13) Conciliation of complaints of discrimination in
158	158	16 the sale or rental of housing, when closed meetings are
159	159	17 authorized by the law or ordinance prescribing fair
160	160	18 housing practices and creating a commission or
161	161	19 administrative agency for their enforcement.
162	162	20 (14) Informant sources, the hiring or assignment of
163	163	21 undercover personnel or equipment, or ongoing, prior or
164	164	22 future criminal investigations, when discussed by a public
165	165	23 body with criminal investigatory responsibilities.
166	166	24 (15) Professional ethics or performance when
167	167	25 considered by an advisory body appointed to advise a
168	168	26 licensing or regulatory agency on matters germane to the
169	169
170	170
171	171
172	172
173	173
174	174	HB3302 - 4 - LRB103 29563 RLC 55958 b
175	175
176	176
177	177	HB3302- 5 -LRB103 29563 RLC 55958 b HB3302 - 5 - LRB103 29563 RLC 55958 b
178	178	HB3302 - 5 - LRB103 29563 RLC 55958 b
179	179	1 advisory body's field of competence.
180	180	2 (16) Self evaluation, practices and procedures or
181	181	3 professional ethics, when meeting with a representative of
182	182	4 a statewide association of which the public body is a
183	183	5 member.
184	184	6 (17) The recruitment, credentialing, discipline or
185	185	7 formal peer review of physicians or other health care
186	186	8 professionals, or for the discussion of matters protected
187	187	9 under the federal Patient Safety and Quality Improvement
188	188	10 Act of 2005, and the regulations promulgated thereunder,
189	189	11 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
190	190	12 Health Insurance Portability and Accountability Act of
191	191	13 1996, and the regulations promulgated thereunder,
192	192	14 including 45 C.F.R. Parts 160, 162, and 164, by a
193	193	15 hospital, or other institution providing medical care,
194	194	16 that is operated by the public body.
195	195	17 (18) Deliberations for decisions of the Prisoner
196	196	18 Review Board.
197	197	19 (19) Review or discussion of applications received
198	198	20 under the Experimental Organ Transplantation Procedures
199	199	21 Act.
200	200	22 (20) The classification and discussion of matters
201	201	23 classified as confidential or continued confidential by
202	202	24 the State Government Suggestion Award Board.
203	203	25 (21) Discussion of minutes of meetings lawfully closed
204	204	26 under this Act, whether for purposes of approval by the
205	205
206	206
207	207
208	208
209	209
210	210	HB3302 - 5 - LRB103 29563 RLC 55958 b
211	211
212	212
213	213	HB3302- 6 -LRB103 29563 RLC 55958 b HB3302 - 6 - LRB103 29563 RLC 55958 b
214	214	HB3302 - 6 - LRB103 29563 RLC 55958 b
215	215	1 body of the minutes or semi-annual review of the minutes
216	216	2 as mandated by Section 2.06.
217	217	3 (22) Deliberations for decisions of the State
218	218	4 Emergency Medical Services Disciplinary Review Board.
219	219	5 (23) The operation by a municipality of a municipal
220	220	6 utility or the operation of a municipal power agency or
221	221	7 municipal natural gas agency when the discussion involves
222	222	8 (i) contracts relating to the purchase, sale, or delivery
223	223	9 of electricity or natural gas or (ii) the results or
224	224	10 conclusions of load forecast studies.
225	225	11 (24) Meetings of a residential health care facility
226	226	12 resident sexual assault and death review team or the
227	227	13 Executive Council under the Abuse Prevention Review Team
228	228	14 Act.
229	229	15 (25) Meetings of an independent team of experts under
230	230	16 Brian's Law.
231	231	17 (26) Meetings of a mortality review team appointed
232	232	18 under the Department of Juvenile Justice Mortality Review
233	233	19 Team Act.
234	234	20 (27) (Blank).
235	235	21 (28) Correspondence and records (i) that may not be
236	236	22 disclosed under Section 11-9 of the Illinois Public Aid
237	237	23 Code or (ii) that pertain to appeals under Section 11-8 of
238	238	24 the Illinois Public Aid Code.
239	239	25 (29) Meetings between internal or external auditors
240	240	26 and governmental audit committees, finance committees, and
241	241
242	242
243	243
244	244
245	245
246	246	HB3302 - 6 - LRB103 29563 RLC 55958 b
247	247
248	248
249	249	HB3302- 7 -LRB103 29563 RLC 55958 b HB3302 - 7 - LRB103 29563 RLC 55958 b
250	250	HB3302 - 7 - LRB103 29563 RLC 55958 b
251	251	1 their equivalents, when the discussion involves internal
252	252	2 control weaknesses, identification of potential fraud risk
253	253	3 areas, known or suspected frauds, and fraud interviews
254	254	4 conducted in accordance with generally accepted auditing
255	255	5 standards of the United States of America.
256	256	6 (30) Those meetings or portions of meetings of a
257	257	7 fatality review team or the Illinois Fatality Review Team
258	258	8 Advisory Council during which a review of the death of an
259	259	9 eligible adult in which abuse or neglect is suspected,
260	260	10 alleged, or substantiated is conducted pursuant to Section
261	261	11 15 of the Adult Protective Services Act.
262	262	12 (31) Meetings and deliberations for decisions of the
263	263	13 Concealed Carry Licensing Review Board under the Firearm
264	264	14 Concealed Carry Act.
265	265	15 (32) Meetings between the Regional Transportation
266	266	16 Authority Board and its Service Boards when the discussion
267	267	17 involves review by the Regional Transportation Authority
268	268	18 Board of employment contracts under Section 28d of the
269	269	19 Metropolitan Transit Authority Act and Sections 3A.18 and
270	270	20 3B.26 of the Regional Transportation Authority Act.
271	271	21 (33) Those meetings or portions of meetings of the
272	272	22 advisory committee and peer review subcommittee created
273	273	23 under Section 320 of the Illinois Controlled Substances
274	274	24 Act during which specific controlled substance prescriber,
275	275	25 dispenser, or patient information is discussed.
276	276	26 (34) Meetings of the Tax Increment Financing Reform
277	277
278	278
279	279
280	280
281	281
282	282	HB3302 - 7 - LRB103 29563 RLC 55958 b
283	283
284	284
285	285	HB3302- 8 -LRB103 29563 RLC 55958 b HB3302 - 8 - LRB103 29563 RLC 55958 b
286	286	HB3302 - 8 - LRB103 29563 RLC 55958 b
287	287	1 Task Force under Section 2505-800 of the Department of
288	288	2 Revenue Law of the Civil Administrative Code of Illinois.
289	289	3 (35) Meetings of the group established to discuss
290	290	4 Medicaid capitation rates under Section 5-30.8 of the
291	291	5 Illinois Public Aid Code.
292	292	6 (36) Those deliberations or portions of deliberations
293	293	7 for decisions of the Illinois Gaming Board in which there
294	294	8 is discussed any of the following: (i) personal,
295	295	9 commercial, financial, or other information obtained from
296	296	10 any source that is privileged, proprietary, confidential,
297	297	11 or a trade secret; or (ii) information specifically
298	298	12 exempted from the disclosure by federal or State law.
299	299	13 (37) Deliberations for decisions of the Illinois Law
300	300	14 Enforcement Training Standards Board, the Certification
301	301	15 Review Panel, and the Illinois State Police Merit Board
302	302	16 regarding certification and decertification.
303	303	17 (38) Meetings of the Ad Hoc Statewide Domestic
304	304	18 Violence Fatality Review Committee of the Illinois
305	305	19 Criminal Justice Information Authority Board that occur in
306	306	20 closed executive session under subsection (d) of Section
307	307	21 35 of the Domestic Violence Fatality Review Act.
308	308	22 (39) Meetings of the regional review teams under
309	309	23 subsection (a) of Section 75 of the Domestic Violence
310	310	24 Fatality Review Act.
311	311	25 (40) Meetings of the Firearm Owner's Identification
312	312	26 Card Review Board under Section 10 of the Firearm Owners
313	313
314	314
315	315
316	316
317	317
318	318	HB3302 - 8 - LRB103 29563 RLC 55958 b
319	319
320	320
321	321	HB3302- 9 -LRB103 29563 RLC 55958 b HB3302 - 9 - LRB103 29563 RLC 55958 b
322	322	HB3302 - 9 - LRB103 29563 RLC 55958 b
323	323	1 Identification Card Act.
324	324	2 (d) Definitions. For purposes of this Section:
325	325	3 "Employee" means a person employed by a public body whose
326	326	4 relationship with the public body constitutes an
327	327	5 employer-employee relationship under the usual common law
328	328	6 rules, and who is not an independent contractor.
329	329	7 "Public office" means a position created by or under the
330	330	8 Constitution or laws of this State, the occupant of which is
331	331	9 charged with the exercise of some portion of the sovereign
332	332	10 power of this State. The term "public office" shall include
333	333	11 members of the public body, but it shall not include
334	334	12 organizational positions filled by members thereof, whether
335	335	13 established by law or by a public body itself, that exist to
336	336	14 assist the body in the conduct of its business.
337	337	15 "Quasi-adjudicative body" means an administrative body
338	338	16 charged by law or ordinance with the responsibility to conduct
339	339	17 hearings, receive evidence or testimony and make
340	340	18 determinations based thereon, but does not include local
341	341	19 electoral boards when such bodies are considering petition
342	342	20 challenges.
343	343	21 (e) Final action. No final action may be taken at a closed
344	344	22 meeting. Final action shall be preceded by a public recital of
345	345	23 the nature of the matter being considered and other
346	346	24 information that will inform the public of the business being
347	347	25 conducted.
348	348	26 (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
349	349
350	350
351	351
352	352
353	353
354	354	HB3302 - 9 - LRB103 29563 RLC 55958 b
355	355
356	356
357	357	HB3302- 10 -LRB103 29563 RLC 55958 b HB3302 - 10 - LRB103 29563 RLC 55958 b
358	358	HB3302 - 10 - LRB103 29563 RLC 55958 b
359	359	1 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
360	360	2 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
361	361	3 Section 10. The Mental Health and Developmental
362	362	4 Disabilities Code is amended by changing Section 6-103.3 as
363	363	5 follows:
364	364	6 (405 ILCS 5/6-103.3)
365	365	7 Sec. 6-103.3. Clear and present danger; notice.
366	366	8 (a) If a person is determined to pose a clear and present
367	367	9 danger to himself, herself, or to others by a physician,
368	368	10 clinical psychologist, or qualified examiner, whether employed
369	369	11 by the State, by any public or private mental health facility
370	370	12 or part thereof, or by a law enforcement official or a school
371	371	13 administrator, then the physician, clinical psychologist,
372	372	14 qualified examiner shall notify the Department of Human
373	373	15 Services and a law enforcement official or school
374	374	16 administrator shall notify the Illinois State Police, within
375	375	17 24 hours of making the determination that the person poses a
376	376	18 clear and present danger. The Illinois State Police, in
377	377	19 conjunction with the Illinois State Board of Education and the
378	378	20 Illinois Board of Higher Education, shall prescribe the form
379	379	21 and manner that the school administrator shall notify the
380	380	22 Illinois State Police of the determination. The Department of
381	381	23 Human Services shall immediately update its records and
382	382	24 information relating to mental health and developmental
383	383
384	384
385	385
386	386
387	387
388	388	HB3302 - 10 - LRB103 29563 RLC 55958 b
389	389
390	390
391	391	HB3302- 11 -LRB103 29563 RLC 55958 b HB3302 - 11 - LRB103 29563 RLC 55958 b
392	392	HB3302 - 11 - LRB103 29563 RLC 55958 b
393	393	1 disabilities, and if appropriate, shall notify the Illinois
394	394	2 State Police in a form and manner prescribed by the Illinois
395	395	3 State Police. When the Illinois State Police is notified by a
396	396	4 school administrator pursuant to this Section that a person
397	397	5 has been determined to pose a clear and present danger, within
398	398	6 24 hours of receiving the notification, it shall notify a
399	399	7 local law enforcement agency where the person resides and, if
400	400	8 applicable, a local law enforcement agency where the school
401	401	9 administrator's school is located of that determination. The
402	402	10 Illinois State Police shall determine whether to revoke the
403	403	11 person's Firearm Owner's Identification Card, if applicable,
404	404	12 and in consultation with local law enforcement, whether an
405	405	13 Illinois State Police Officer will file a petition under the
406	406	14 Firearms Restraining Order Act with that person as the
407	407	15 respondent. Within 24 hours after a school administrator makes
408	408	16 a notification pursuant to this Section, the Illinois State
409	409	17 Police shall notify the school administrator in writing of its
410	410	18 determination about whether to file an action under the
411	411	19 Firearms Restraining Order Act with that person as the
412	412	20 respondent. Before October 1, 2023, the Illinois State Police,
413	413	21 in consultation with the Illinois State Board of Education and
414	414	22 the Illinois Board of Higher Education, shall develop and
415	415	23 maintain a resource guide for school administrators that sets
416	416	24 forth guidelines, considerations of confidentiality and best
417	417	25 practices for school administrators in making a determination
418	418	26 that a person poses a clear and present danger pursuant to this
419	419
420	420
421	421
422	422
423	423
424	424	HB3302 - 11 - LRB103 29563 RLC 55958 b
425	425
426	426
427	427	HB3302- 12 -LRB103 29563 RLC 55958 b HB3302 - 12 - LRB103 29563 RLC 55958 b
428	428	HB3302 - 12 - LRB103 29563 RLC 55958 b
429	429	1 Section. That resource guide shall be made available on the
430	430	2 Internet websites of the Illinois State Police, Illinois State
431	431	3 Board of Education, and Illinois Board of Higher Education.
432	432	4 The Illinois State Police, in conjunction with the Illinois
433	433	5 State Board of Education and the Illinois Board of Higher
434	434	6 Education, may adopt such rules as may be necessary to
435	435	7 implement and administer this Section.
436	436	8 (b) Information disclosed under this Section shall remain
437	437	9 privileged and confidential, and shall not be redisclosed,
438	438	10 except as required under subsection (e) of Section 3.1 of the
439	439	11 Firearm Owners Identification Card Act or for the purpose of
440	440	12 an action under the Firearms Restraining Order Act, nor used
441	441	13 for any other purpose. The method of providing this
442	442	14 information shall guarantee that the information is not
443	443	15 released beyond that which is necessary for the purposes
444	444	16 provided by purpose of this Section and shall be provided by
445	445	17 rule by the Department of Human Services. The identity of the
446	446	18 person reporting under this Section shall not be disclosed to
447	447	19 the subject of the report. The physician, clinical
448	448	20 psychologist, qualified examiner, law enforcement official, or
449	449	21 school administrator making the determination and his or her
450	450	22 employer shall not be held criminally, civilly, or
451	451	23 professionally liable for making or not making the
452	452	24 notification required under this Section, except for willful
453	453	25 or wanton misconduct. This Section does not apply to a law
454	454	26 enforcement official, if making the notification under this
455	455
456	456
457	457
458	458
459	459
460	460	HB3302 - 12 - LRB103 29563 RLC 55958 b
461	461
462	462
463	463	HB3302- 13 -LRB103 29563 RLC 55958 b HB3302 - 13 - LRB103 29563 RLC 55958 b
464	464	HB3302 - 13 - LRB103 29563 RLC 55958 b
465	465	1 Section will interfere with an ongoing or pending criminal
466	466	2 investigation.
467	467	3 (c) For the purposes of this Section:
468	468	4 "Clear and present danger" has the meaning ascribed to
469	469	5 it in Section 1.1 of the Firearm Owners Identification
470	470	6 Card Act.
471	471	7 "Determined to pose a clear and present danger to
472	472	8 himself, herself, or to others by a physician, clinical
473	473	9 psychologist, or qualified examiner" means in the
474	474	10 professional opinion of the physician, clinical
475	475	11 psychologist, or qualified examiner, a person poses a
476	476	12 clear and present danger.
477	477	13 "School administrator" means the person required to
478	478	14 report under the School Administrator Reporting of Mental
479	479	15 Health Clear and Present Danger Determinations Law.
480	480	16 (Source: P.A. 102-538, eff. 8-20-21.)
481	481	17 Section 99. Effective date. This Act takes effect upon
482	482	18 becoming law.
483	483
484	484
485	485
486	486
487	487
488	488	HB3302 - 13 - LRB103 29563 RLC 55958 b