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IL HB5166

Bill

Status

Introduced

1/29/2010

Primary Sponsor

Roger Eddy

Click for details

Origin

House of Representatives

96th General Assembly

AI Summary

HB5166 Summary

  • Removes blanket mental health disqualification from Section 8 of the Firearm Owners Identification Card Act and creates a new petition-based revocation process for mental condition concerns.

  • Authorizes the Department of State Police to petition circuit courts for Firearm Owner's Identification Card revocation if a card holder's mental condition poses a clear and present danger to themselves, others, or the community, based on evaluation by a psychiatrist or physician.

  • Establishes circuit court hearings in the card holder's county of residence, allowing the State's Attorney to participate and present evidence, with court decisions appealable under the Code of Civil Procedure.

  • Requires a complete evaluation by a psychiatrist or physician (rather than broader clinical judgment) to establish that a person's violent, suicidal, threatening, or assaultive behavior poses clear and present danger.

  • Amends the Mental Health and Developmental Disabilities Confidentiality Act to permit mental health facilities to disclose records to State Police about patients whose conditions manifest dangerous behavior, following complete evaluation by a psychiatrist or physician.

Legislative Description

PUB SAFETY-FOID-MENTAL-DANGER

Last Action

Rule 19(a) / Re-referred to Rules Committee

3/15/2010

Committee Referrals

Rules3/15/2010
Judiciary II - Criminal Law2/8/2010
Rules2/1/2010

Full Bill Text

No bill text available