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Illinois Senate Bill SB1967

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1967 Compare Versions

Only one version of the bill is available at this time.
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11 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 67/5430 ILCS 67/10430 ILCS 67/50430 ILCS 67/60430 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 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 67/5430 ILCS 67/10430 ILCS 67/50430 ILCS 67/60430 ILCS 67/63 new 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 LRB103 26409 RLC 52772 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1967 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
33 405 ILCS 5/6-103.3 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 67/5430 ILCS 67/10430 ILCS 67/50430 ILCS 67/60430 ILCS 67/63 new 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
44 405 ILCS 5/6-103.3
55 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
66 430 ILCS 67/5
77 430 ILCS 67/10
88 430 ILCS 67/50
99 430 ILCS 67/60
1010 430 ILCS 67/63 new
1111 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.
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1717 1 AN ACT concerning safety.
1818 2 Be it enacted by the People of the State of Illinois,
1919 3 represented in the General Assembly:
2020 4 Section 5. The Mental Health and Developmental
2121 5 Disabilities Code is amended by changing Section 6-103.3 as
2222 6 follows:
2323 7 (405 ILCS 5/6-103.3)
2424 8 Sec. 6-103.3. Clear and present danger; notice.
2525 9 (a) If a person is determined to pose a clear and present
2626 10 danger to himself, herself, or to others by a physician,
2727 11 clinical psychologist, or qualified examiner, whether employed
2828 12 by the State, by any public or private mental health facility
2929 13 or part thereof, or by a law enforcement official or a school
3030 14 administrator, then the physician, clinical psychologist,
3131 15 qualified examiner shall notify the Department of Human
3232 16 Services and a law enforcement official or school
3333 17 administrator shall notify the Illinois State Police, within
3434 18 24 hours of making the determination that the person poses a
3535 19 clear and present danger. The Department of Human Services
3636 20 shall immediately update its records and information relating
3737 21 to mental health and developmental disabilities, and if
3838 22 appropriate, shall notify the Illinois State Police in a form
3939 23 and manner prescribed by the Illinois State Police. If a
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4343 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1967 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
4444 405 ILCS 5/6-103.3 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1 430 ILCS 67/5430 ILCS 67/10430 ILCS 67/50430 ILCS 67/60430 ILCS 67/63 new 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
4545 405 ILCS 5/6-103.3
4646 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
4747 430 ILCS 67/5
4848 430 ILCS 67/10
4949 430 ILCS 67/50
5050 430 ILCS 67/60
5151 430 ILCS 67/63 new
5252 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.
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5555 A BILL FOR
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6363 430 ILCS 67/5
6464 430 ILCS 67/10
6565 430 ILCS 67/50
6666 430 ILCS 67/60
6767 430 ILCS 67/63 new
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8686 1 person has been determined to pose a clear and present danger
8787 2 under this subsection, the physician, clinical psychologist,
8888 3 or qualified examiner shall determine whether to file an
8989 4 action under the Firearms Restraining Order Act naming that
9090 5 person as the respondent.
9191 6 (b) Information disclosed under this Section shall remain
9292 7 privileged and confidential, and shall not be redisclosed,
9393 8 except as required under subsection (e) of Section 3.1 of the
9494 9 Firearm Owners Identification Card Act or for the purpose of
9595 10 an action under the Firearms Restraining Order Act, nor used
9696 11 for any other purpose. The method of providing this
9797 12 information shall guarantee that the information is not
9898 13 released beyond that which is necessary for the purposes
9999 14 provided by purpose of this Section and shall be provided by
100100 15 rule by the Department of Human Services. The identity of the
101101 16 person reporting under this Section shall not be disclosed to
102102 17 the subject of the report. The physician, clinical
103103 18 psychologist, qualified examiner, law enforcement official, or
104104 19 school administrator making the determination and his or her
105105 20 employer shall not be held criminally, civilly, or
106106 21 professionally liable for making or not making the
107107 22 notification required under this Section, except for willful
108108 23 or wanton misconduct. This Section does not apply to a law
109109 24 enforcement official, if making the notification under this
110110 25 Section will interfere with an ongoing or pending criminal
111111 26 investigation.
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122122 1 (c) For the purposes of this Section:
123123 2 "Clear and present danger" has the meaning ascribed to
124124 3 it in Section 1.1 of the Firearm Owners Identification
125125 4 Card Act.
126126 5 "Determined to pose a clear and present danger to
127127 6 himself, herself, or to others by a physician, clinical
128128 7 psychologist, or qualified examiner" means in the
129129 8 professional opinion of the physician, clinical
130130 9 psychologist, or qualified examiner, a person poses a
131131 10 clear and present danger.
132132 11 "School administrator" means the person required to
133133 12 report under the School Administrator Reporting of Mental
134134 13 Health Clear and Present Danger Determinations Law.
135135 14 (Source: P.A. 102-538, eff. 8-20-21.)
136136 15 Section 10. The Firearm Owners Identification Card Act is
137137 16 amended by changing Section 8.1 as follows:
138138 17 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
139139 18 Sec. 8.1. Notifications to the Illinois State Police.
140140 19 (a) The Circuit Clerk shall, in the form and manner
141141 20 required by the Supreme Court, notify the Illinois State
142142 21 Police of all final dispositions of cases for which the
143143 22 Department has received information reported to it under
144144 23 Sections 2.1 and 2.2 of the Criminal Identification Act.
145145 24 (b) Upon adjudication of any individual as a person with a
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156156 1 mental disability as defined in Section 1.1 of this Act or a
157157 2 finding that a person has been involuntarily admitted, the
158158 3 court shall direct the circuit court clerk to immediately
159159 4 notify the Illinois State Police, Firearm Owner's
160160 5 Identification (FOID) department, and shall forward a copy of
161161 6 the court order to the Department.
162162 7 (b-1) Beginning July 1, 2016, and each July 1 and December
163163 8 30 of every year thereafter, the circuit court clerk shall, in
164164 9 the form and manner prescribed by the Illinois State Police,
165165 10 notify the Illinois State Police, Firearm Owner's
166166 11 Identification (FOID) department if the court has not directed
167167 12 the circuit court clerk to notify the Illinois State Police,
168168 13 Firearm Owner's Identification (FOID) department under
169169 14 subsection (b) of this Section, within the preceding 6 months,
170170 15 because no person has been adjudicated as a person with a
171171 16 mental disability by the court as defined in Section 1.1 of
172172 17 this Act or if no person has been involuntarily admitted. The
173173 18 Supreme Court may adopt any orders or rules necessary to
174174 19 identify the persons who shall be reported to the Illinois
175175 20 State Police under subsection (b), or any other orders or
176176 21 rules necessary to implement the requirements of this Act.
177177 22 (c) The Department of Human Services shall, in the form
178178 23 and manner prescribed by the Illinois State Police, report all
179179 24 information collected under subsection (b) of Section 12 of
180180 25 the Mental Health and Developmental Disabilities
181181 26 Confidentiality Act for the purpose of determining whether a
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192192 1 person who may be or may have been a patient in a mental health
193193 2 facility is disqualified under State or federal law from
194194 3 receiving or retaining a Firearm Owner's Identification Card,
195195 4 or purchasing a weapon.
196196 5 (d) If a person is determined to pose a clear and present
197197 6 danger to himself, herself, or to others:
198198 7 (1) by a physician, clinical psychologist, or
199199 8 qualified examiner, or is determined to have a
200200 9 developmental disability by a physician, clinical
201201 10 psychologist, or qualified examiner, whether employed by
202202 11 the State or privately, then the physician, clinical
203203 12 psychologist, or qualified examiner shall, within 24 hours
204204 13 of making the determination, notify the Department of
205205 14 Human Services that the person poses a clear and present
206206 15 danger or has a developmental disability; or
207207 16 (2) by a law enforcement official or school
208208 17 administrator, then the law enforcement official or school
209209 18 administrator shall, within 24 hours of making the
210210 19 determination, notify the Illinois State Police that the
211211 20 person poses a clear and present danger.
212212 21 The Department of Human Services shall immediately update
213213 22 its records and information relating to mental health and
214214 23 developmental disabilities, and if appropriate, shall notify
215215 24 the Illinois State Police in a form and manner prescribed by
216216 25 the Illinois State Police. When the Illinois State Police is
217217 26 notified pursuant to this subsection that a person has been
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228228 1 determined to pose a clear and present danger, the The
229229 2 Illinois State Police shall determine whether to revoke the
230230 3 person's Firearm Owner's Identification Card under Section 8
231231 4 of this Act. The person reporting or alleging under this
232232 5 subsection that another person poses a clear and present
233233 6 danger to himself, herself, or to others shall determine
234234 7 whether to file an action under the Firearms Restraining Order
235235 8 Act naming that person as the respondent. Any information
236236 9 disclosed under this subsection shall remain privileged and
237237 10 confidential, and shall not be redisclosed, except as required
238238 11 under subsection (e) of Section 3.1 of this Act or for the
239239 12 purpose of an action under the Firearms Restraining Order Act,
240240 13 nor used for any other purpose. The method of providing this
241241 14 information shall guarantee that the information is not
242242 15 released beyond what is necessary for the purposes provided by
243243 16 purpose of this Section and shall be provided by rule by the
244244 17 Department of Human Services. The identity of the person
245245 18 reporting under this Section shall not be disclosed to the
246246 19 subject of the report. The physician, clinical psychologist,
247247 20 qualified examiner, law enforcement official, or school
248248 21 administrator making the determination and his or her employer
249249 22 shall not be held criminally, civilly, or professionally
250250 23 liable for making or not making the notification required
251251 24 under this subsection, except for willful or wanton
252252 25 misconduct.
253253 26 (e) The Illinois State Police shall adopt rules to
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264264 1 implement this Section.
265265 2 (Source: P.A. 102-538, eff. 8-20-21.)
266266 3 Section 15. The Firearms Restraining Order Act is amended
267267 4 by changing Sections 5, 10, 50, and 60 and by adding Section 63
268268 5 as follows:
269269 6 (430 ILCS 67/5)
270270 7 Sec. 5. Definitions. As used in this Act:
271271 8 "Family member of the respondent" means a spouse, former
272272 9 spouse, person with whom the respondent has a minor child in
273273 10 common, parent, child, or step-child of the respondent, any
274274 11 other person related by blood or present marriage to the
275275 12 respondent, or a person who shares a common dwelling with the
276276 13 respondent.
277277 14 "Firearms restraining order" means an order issued by the
278278 15 court, prohibiting and enjoining a named person from having in
279279 16 his or her custody or control, purchasing, possessing, or
280280 17 receiving any firearms or ammunition, or removing firearm
281281 18 parts that could be assembled to make an operable firearm.
282282 19 "Intimate partner" means a spouse, former spouse, a person
283283 20 with whom the respondent has or allegedly has a child in
284284 21 common, or a person with whom the respondent has or has had a
285285 22 dating or engagement relationship.
286286 23 "Petitioner" means:
287287 24 (1) a family member of the respondent as defined in
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298298 1 this Act; or
299299 2 (2) a law enforcement officer who files a petition
300300 3 alleging that the respondent poses a danger of causing
301301 4 personal injury to himself, herself, or another by having
302302 5 in his or her custody or control, purchasing, possessing,
303303 6 or receiving a firearm, ammunition, or firearm parts that
304304 7 could be assembled to make an operable firearm or removing
305305 8 firearm parts that could be assembled to make an operable
306306 9 firearm ; or .
307307 10 (3) a physician, psychologist, clinical social worker,
308308 11 licensed clinical professional counselor, clinical nurse
309309 12 specialist in psychiatric and mental health nursing,
310310 13 psychiatric nurse practitioner, licensed clinical marriage
311311 14 or family therapist, or health officer or designee of a
312312 15 health officer who has examined a respondent.
313313 16 "Respondent" means the person alleged in the petition to
314314 17 pose a danger of causing personal injury to himself, herself,
315315 18 or another by having in his or her custody or control,
316316 19 purchasing, possessing, or receiving a firearm, ammunition, or
317317 20 firearm parts that could be assembled to make an operable
318318 21 firearm or removing firearm parts that could be assembled to
319319 22 make an operable firearm.
320320 23 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
321321 24 (430 ILCS 67/10)
322322 25 Sec. 10. Commencement of action; procedure.
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333333 1 (a) An action for a firearms restraining order is
334334 2 commenced by filing a verified petition for a firearms
335335 3 restraining order in any circuit court.
336336 4 (b) A petition for a firearms restraining order may be
337337 5 filed in: (1) any county where the respondent resides or (2)
338338 6 any county where an incident occurred that involved the
339339 7 respondent posing an immediate and present danger of causing
340340 8 personal injury to the respondent or another by having in his
341341 9 or her custody or control, or purchasing, possessing, or
342342 10 receiving, a firearm, ammunition, or firearm parts that could
343343 11 be assembled to make an operable firearm. A firearms
344344 12 restraining order may be issued against any respondent,
345345 13 including, but not limited to, a respondent who, at the time of
346346 14 the filing of the petition for a firearms restraining order,
347347 15 is under the age of 21, does not have a valid Firearm Owner's
348348 16 Identification Card, or does not hold or have a right to
349349 17 possess a firearm.
350350 18 (c) No fee shall be charged by the clerk for filing,
351351 19 amending, vacating, certifying, printing, or photocopying
352352 20 petitions or orders; or for issuing alias summons; or for any
353353 21 related filing service. No fee shall be charged by the sheriff
354354 22 or other law enforcement for service by the sheriff or other
355355 23 law enforcement of a petition, rule, motion, or order in an
356356 24 action commenced under this Section.
357357 25 (d) The court shall provide, through the office of the
358358 26 clerk of the court, simplified forms and clerical assistance
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369369 1 to help with the writing and filing of a petition under this
370370 2 Section by any person not represented by counsel. In addition,
371371 3 that assistance may be provided by the State's Attorney.
372372 4 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
373373 5 (430 ILCS 67/50)
374374 6 Sec. 50. Notice of orders.
375375 7 (a) Entry and issuance. Upon issuance of any firearms
376376 8 restraining order, the clerk shall immediately, or on the next
377377 9 court day if an emergency firearms restraining order is issued
378378 10 in accordance with Section 35 of this Act (emergency firearms
379379 11 restraining order): (i) enter the order on the record and file
380380 12 it in accordance with the circuit court procedures and (ii)
381381 13 provide a file-stamped file stamped copy of the order to the
382382 14 respondent, if present, and to the petitioner.
383383 15 (b) Filing with sheriff. The clerk of the issuing judge
384384 16 shall, or the petitioner may, on the same day that a firearms
385385 17 restraining order is issued, file a file-stamped certified
386386 18 copy of that order with the sheriff or other law enforcement
387387 19 officials charged with maintaining Illinois State Police
388388 20 records or charged with serving the order upon the respondent.
389389 21 If the order was issued in accordance with Section 35 of this
390390 22 Act (emergency firearms restraining order), the clerk shall,
391391 23 on the next court day, file a file-stamped certified copy of
392392 24 the order with the sheriff or other law enforcement officials
393393 25 charged with maintaining Illinois State Police records.
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404404 1 (c) Service by sheriff. Unless the respondent was present
405405 2 in court when the order was issued, the sheriff or other law
406406 3 enforcement official shall promptly serve that order upon the
407407 4 respondent and file proof of the service, in the manner
408408 5 provided for service of process in civil proceedings. Instead
409409 6 of serving the order upon the respondent, however, the
410410 7 sheriff, other law enforcement official, or other persons
411411 8 defined in Section 112A-22.10 of the Code of Criminal
412412 9 Procedure of 1963 may serve the respondent with a short form
413413 10 notification as provided in that Section. If process has not
414414 11 yet been served upon the respondent, it shall be served with
415415 12 the order or short form notification if the service is made by
416416 13 the sheriff, or other law enforcement official.
417417 14 (d) Any order renewing or terminating any firearms
418418 15 restraining order shall be promptly recorded, issued, and
419419 16 served as provided in this Section.
420420 17 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
421421 18 (430 ILCS 67/60)
422422 19 Sec. 60. Filing of a firearms restraining order issued by
423423 20 another state.
424424 21 (a) A person who has sought a firearms restraining order
425425 22 or similar order to temporarily remove firearms issued by the
426426 23 court of another state, tribe, or United States territory may
427427 24 file a file-stamped certified copy of the firearms restraining
428428 25 order with the clerk of the court in a judicial circuit in
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439439 1 which the person believes that enforcement may be necessary.
440440 2 (b) The clerk shall:
441441 3 (1) treat the foreign firearms restraining order in
442442 4 the same manner as a judgment of the circuit court for any
443443 5 county of this State in accordance with the provisions of
444444 6 the Uniform Enforcement of Foreign Judgments Act, except
445445 7 that the clerk shall not mail notice of the filing of the
446446 8 foreign order to the respondent named in the order; and
447447 9 (2) on the same day that a foreign firearms
448448 10 restraining order is filed, file a file-stamped certified
449449 11 copy of that order with the sheriff in the county in which
450450 12 it is filed or other law enforcement officials charged
451451 13 with maintaining Illinois State Police records as set
452452 14 forth in Section 55 of this Act.
453453 15 (c) Neither residence in this State nor filing of a
454454 16 foreign firearms restraining order shall be required for
455455 17 enforcement of the order by this State. Failure to file the
456456 18 foreign order shall not be an impediment to its treatment in
457457 19 all respects as an Illinois firearms restraining order.
458458 20 (d) The clerk shall not charge a fee to file a foreign
459459 21 order of protection under this Section.
460460 22 (Source: P.A. 102-538, eff. 8-20-21.)
461461 23 (430 ILCS 67/63 new)
462462 24 Sec. 63. Office of Firearms Restraining Order
463463 25 Coordination.
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474474 1 (a) Subject to appropriation from State and federal funds,
475475 2 there is established within the Department of Human Services
476476 3 the Office of Firearms Restraining Order Coordination. The
477477 4 Office shall consist of a Director and 5 Coordinators,
478478 5 appointed by the Secretary of Human Services. One Coordinator
479479 6 shall be selected from each of the 5 Illinois Appellate Court
480480 7 Districts and shall serve as a liaison between petitioners,
481481 8 State's Attorney offices, and the courts within that Appellate
482482 9 District in matters concerning firearms restraining orders.
483483 10 The Department of Human Services shall adopt any rules it
484484 11 deems necessary to implement this Section.
485485 12 (b) Edward Byrne Memorial Justice Assistance Grant (JAG)
486486 13 program funds received by the State of Illinois from the
487487 14 federal government may be used to hire county Firearms
488488 15 Restraining Order coordinators, train law enforcement and
489489 16 other collaborators about implementing this Act, and fund
490490 17 other methods of implementation of this Act.
491491 18 Section 97. Severability. The provisions of this Act are
492492 19 severable under Section 1.31 of the Statute on Statutes.
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