§ 8.1

Illinois § 8.1

• Jurisdiction: Illinois
• Topic: HEALTH AND SAFETY
• Ch. 430: PUBLIC SAFETY
• Act 430 ILCS 65/: Firearm Owners Identification Card Act.

Text

(Text of Section from P.A. 104-5) 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 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 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 under paragraph (1) of subsection (d) of this Section notify the Illinois State Police in a form and manner prescribed by the Illinois State Police. The Illinois State Police shall deny the application or suspend or revoke the person's Firearm Owner's Identification Card under Section 8 of this Act. 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 and subsection (c-5) or (f) of Section 10 of this 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 purpose of these Sections. Reports from the Department of Human Services shall be provided by rule by the Department of Human Services. The identity of the person reporting under paragraph (1) of subsection (d) of this Section shall only be disclosed to the subject of the report if required by the Board or a court with jurisdiction consistent with proceedings under subsections (c-5) or (f) of Section 10 of this Act. The law enforcement official or school administrator under paragraph (2) of subsection (d) of this Section shall notify the Illinois State Police in the form and manner prescribed by the Illinois State Police. The Illinois State Police shall determine whether to deny the application or suspend or revoke the person's Firearm Owner's Identification Card under Section 8 of this Act. Any information disclosed under this subsection shall remain confidential and shall not be redisclosed or used for any other purpose except as required under subsection (e) of Section 3.1 and subsection (c-5) or (f) of Section 10 of this Act. The method of providing this information shall guarantee that the information is not released beyond what is necessary for the purpose of these Sections. The identity of the person reporting under paragraph (2) of subsection (d) of this Section shall be disclosed only to the subject of the report if required by the Board or a court with jurisdiction consistent with proceedings under subsection (c-5) or (f) of Section 10 this Act. 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 implement this Section. (Source: P.A. 104-5, eff. 6-16-25.) (Text of Section from P.A. 104-31) 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 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 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. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card under Section 8 of this Act. 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, 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 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. (d-5) If a law enforcement official determines that a person has failed to report a lost or stolen firearm as required by Section 24-4.1 of the Criminal Code of 2012, then the law enforcement official shall, within 24 hours of making that determination, notify the Illinois State Police that the person has failed to report a lost or stolen firearm. The law enforcement official shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police. 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, nor used for any other purpose. (e) The Illinois State Police shall adopt rules to implement this Section. (Source: P.A. 104-31, eff. 1-1-26.) (Text of Section from P.A. 104-270) 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 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 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, advanced practice psychiatric nurse, or qualified examiner, or is determined to have a developmental disability by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner, whether employed by the State or privately, then the physician, clinical psychologist, advanced practice psychiatric nurse, 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. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card under Section 8 of this Act. 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, 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 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, advanced practice psychiatric nurse, 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 implement this Section.

Legislative History

(Source: P.A. 104-270, eff. 8-15-25.)