JUST PASSED: HB850 provides ‘confidential’ ‘clear and present danger’ reporting with civil liability immunity for complainants… even for malicious or vexatious complaints

You read that right.  The Illinois House just passed HB-850 which would allow for “clear and present danger” complaints to the Illinois State Police where the complainants’ identity is kept secret.  Not only that, but those filing these complaint would be shielded from civil liability for false, malicious or vexatious claims submitted to ISP.  Only if proven to be willful or wantonly malicious can a liability claim proceed… which is nearly impossible and seldom happens.

It passed 74-40.

Key sections of House Amendment 1:

(d) If a person is determined to pose a clear and present
6 danger to himself, herself, or to others:
7 (1) by a physician, clinical psychologist, or
8 qualified examiner, or is determined to have a
9 developmental disability by a physician, clinical
10 psychologist, or qualified examiner, whether employed by
11 the State or privately, then the physician, clinical
12 psychologist, or qualified examiner shall, within 24 hours
13 of making the determination, notify the Department of
14 Human Services that the person poses a clear and present
15 danger or has a developmental disability; or
16 (2) by a law enforcement official or school
17 administrator, then the law enforcement official or school
18 administrator shall, within 24 hours of making the
19 determination, notify the Illinois State Police that the
20 person poses a clear and present danger.
21 The Department of Human Services shall immediately update
22 its records and information relating to mental health and
23 developmental disabilities, and if appropriate, shall under
24 paragraph (1) of subsection (d) of this Section notify the
25 Illinois State Police in a form and manner prescribed by the
26 Illinois State Police. The Illinois State Police shall deny

1 the application or suspend or determine whether to revoke the
2 person’s Firearm Owner’s Identification Card under Section 8
3 of this Act. Any information disclosed under this subsection
4 shall remain privileged and confidential, and shall not be
5 redisclosed, except as required under subsection (e) of
6 Section 3.1 and subsection (c-5) or (f) of Section 10 of this
7 Act, nor used for any other purpose. The method of providing
8 this information shall guarantee that the information is not
9 released beyond what is necessary for the purpose of these
10 Sections. Reports from the Department of Human Services this
11 Section and shall be provided by rule by the Department of
12 Human Services. The identity of the person reporting under
13 paragraph (1) of subsection (d) of this Section shall only not
14 be disclosed to the subject of the report if required by the
15 Board or a court with jurisdiction consistent with proceedings
16 under subsections (c-5) or (f) of Section 10 of this Act.
17 The law enforcement official or school administrator under
18 paragraph (2) of subsection (d) of this Section shall notify
19 the Illinois State Police in the form and manner prescribed by
20 the Illinois State Police. The Illinois State Police shall
21 determine whether to deny the application or suspend or revoke
22 the person’s Firearm Owner’s Identification Card under Section
23 8 of this Act. Any information disclosed under this subsection
24 shall remain confidential and shall not be redisclosed or used
25 for any other purpose except as required under subsection (e)
26 of Section 3.1 and subsection (c-5) or (f) of Section 10 of

1 this Act. The method of providing this information shall
2 guarantee that the information is not released beyond what is
3 necessary for the purpose of these Sections. The identity of
4 the person reporting under paragraph (2) of subsection (d) of
5 this Section shall be disclosed only to the subject of the
6 report if required by the Board or a court with jurisdiction
7 consistent with proceedings under subsection (c-5) or (f) of
8 Section 10 this Act.
9 The physician, clinical psychologist, qualified examiner,
10 law enforcement official, or school administrator making the
11 determination and his or her employer shall not be held
12 criminally, civilly, or professionally liable for making or
13 not making the notification required under this subsection,
14 except for willful or wanton misconduct.
15 (e) The Illinois State Police shall adopt rules to
16 implement this Section.

The existing civil immunity remains:

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.

Willful or wanton misconduct is a high bar to prove.

More on the civil immunity.

(430 ILCS 65/15c new)
Sec. 15c. Civil immunity; Board, employees, and agents.
The Board and its employees and agents who participate in the
process established under this Act and the Illinois State
Police and its employees and agents who participate in the
process established under this Act shall not be held liable
for damages in any civil action arising from the alleged
wrongful or improper granting, denying, renewing, revoking,
suspending, or failing to grant, deny, renew, revoke, or
suspend a Firearm Owner’s Identification Card.