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IL HB3140
Bill
Status
1/8/2013
Primary Sponsor
Roger Eddy
Click for details
AI Summary
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Removes existing mental health disqualification language from Section 8 of the Firearm Owners Identification Card Act and creates a new petition-based revocation process in Section 8.3 for cards held by individuals whose mental condition poses a clear and present danger.
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Requires the Department of State Police to petition circuit court (in the cardholder's county of residence) for revocation, with hearings where the State's Attorney may participate and present evidence, and court determination based on whether the cardholder's mental condition poses clear and present danger.
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Establishes that circuit court revocation decisions are subject to appeal under the Code of Civil Procedure, replacing the prior administrative review process.
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Amends the Mental Health and Developmental Disabilities Confidentiality Act to allow disclosure of mental health records to State Police for individuals whose condition is manifested by violent, suicidal, threatening, or assaultive behavior, based on a complete evaluation by a psychiatrist or physician.
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Requires mental health facilities to disclose information to State Police within 7 days when a person meets criteria for FOID disqualification, with information remaining privileged and confidential.
Legislative Description
PUB SAFETY-FOID-MENTAL-DANGER
Last Action
Session Sine Die
1/8/2013