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New Public Act Regarding FOID Card And Mental Health

Originally Posted on August 24, 2018

There has been some concern identified by the State concerning the interpretation of a new Public Act 100-0911. This legislation was drafted to address those municipalities in the State of Illinois who require as a condition of employment, that their police officers possess a Firearms Owner Identification Card (FOID) as Chicago does. Currently if a member seeks mental health treatment and finds themselves in a mental health bed at any treatment center in the State, that facility is required to notify the Illinois State Police and they are required to pull your FOID card. An obvious concern for the FOP and others is that our members who feel they may need mental health treatment at any stage , are going to be hesitant to seek it with the potential of losing their job hanging over their head.

Public Act 100-0911 does not prohibit the State Police from revoking or seizing the FOID Card of an officer who is a patient in a mental health facility, that will be done (legislation passed in 2013 under the Shields administration established an expedited appeals process for the return of the FOID Card for Law Enforcement Officers). The major change here is that the Police Officer won't lose his/her job as long as he/she is not a threat to him/her self or others. So now it may be a matter for the Medical Section to sort out but your pay check will not be threatened and the members can receive the necessary assistance.

Here is the new legislation:

Public Act 100-0911
HB5231 Enrolled LRB100 20039 SLF 35321 b

AN ACT concerning law enforcement officers.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Uniform Peace Officers' Disciplinary Act is amended by changing Section 6 and adding Section 7.2 as follows:
(50 ILCS 725/6) (from Ch. 85, par. 2567)
Sec. 6. Except as otherwise provided in this Act, the The provisions of this Act apply only to the extent there is no collective bargaining agreement currently in effect dealing with the subject matter of this Act.

(Source: P.A. 83-981.)
(50 ILCS 725/7.2 new)
Sec. 7.2. Possession of a Firearm Owner's Identification Card. An employer of an officer shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the officer's Firearm Owner's Identification Card is revoked or seized because the officer has been a patient of a mental health facility and the officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Nothing is this Section shall otherwise impair an employer's ability to determine an officer's fitness for duty. On and after the effective date of this amendatory Act of the 100th General Assembly, Section 6 of this Act shall not apply to the prohibition requiring a Firearm Owner's Identification Card as a condition of continued employment, but a collective bargaining agreement already in effect on that issue on the effective date of this amendatory Act of the 100th General Assembly cannot be modified.

Section 99. Effective date. This Act takes effect upon becoming law.

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