HB 3140

Abstract

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may petition to revoke a Firearm Owner's Identification Card if the Department finds that the card holder is, or was at the time of issuance, a person whose mental condition was determined, following a complete evaluation by a psychiatrist or a physician pursuant to the Mental Health and Developmental Disabilities Confidentiality Act, to pose a clear and present danger to the card holder, another person, or the community, (instead of a Firearm Owner's Identification Card may be revoked if the Department finds that the card holder is or was at the time of issuance, a person whose mental condition poses a clear and present danger to the applicant, others, or the community based upon a reasonable belief by a physician, clinical psychologist, or qualified examiner). Provides that a revocation petition is heard in the circuit court in the card holder's county of residence. Provides that the State's Attorney may participate in the hearing, present evidence, and take a position on the petition. Provides that the court may revoke the card if it finds that substantial justice would be done by a revocation and the card holder is a person whose mental condition poses a clear and present danger to the card holder, others, or the community. Provides that the circuit court's decision is subject to appeal under the Code of Civil Procedure (instead of the card holder appealing the Department's revocation of the card is subject to administrative review in the circuit court). Amends the Mental Health and Developmental Disabilities Confidentiality Act. In provisions concerning disclosure of mental health records to the State Police, provides that a mental health facility may disclose to the State Police records about a person whose mental condition is manifested by violent, suicidal, threatening, or assaultive behavior, for which there is a reasonable belief following a complete evaluation (instead of reasonable belief) by a psychiatrist or a physician, (instead of by a physician, clinical psychologist, or qualified examiner) that the person poses a clear and present or imminent danger to the card holder, others, or the community. Makes other changes.