SB 6246 — Concerning transmission of information relating to firearm prohibitions for persons committed for mental health treatment.

S-3771.2ENGROSSED SENATE BILL 6246 State of Washington 68th Legislature 2024 Regular Session By Senators Dhingra, Kuderer, Nobles, Saldaña, Valdez, Wellman, and C.

(1)(a) At the time a person is convicted or found not guilty by reason of insanity of an offense making the person ineligible to possess a firearm under state or federal law, including if the person was convicted of possession under RCW 69.50.4011, 69.50.4013, 69.50.4014, or 69.41.030, or at the time a person is committed by court order under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW for evaluation or treatment for a mental disorder, or at the time that charges are dismissed based on incompetency to stand trial under RCW 10.77.084 or 10.77.086, or the charges are dismissed based on incompetency to stand trial under RCW 10.77.088 and the court makes a finding that the person has a history of one or more violent acts, the court shall notify the person, orally and in writing, that the person must immediately surrender all firearms to their local law enforcement agency and any concealed pistol license and that the p.

1 SBESB 6246 person may not possess a firearm unless the person's right to do so is restored by the superior court that issued the order.

((When a person is committed)) (c) The court shall forward within three judicial days following commitment by court order under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW, for evaluation or treatment for a mental disorder, or ((when a person's)) upon dismissal of charges ((are dismissed)) based on incompetency to stand trial under RCW 10.77.084 or 10.77.086, or the charges are dismissed based on incompetency to stand trial under RCW 10.77.088 ((and)) when the court makes a finding that the person has a history of one or more violent acts, ((the court also shall forward, within three judicial days after entry of the commitment order, or dismissal of charges,)) a copy of the person's driver's license or identicard, or comparable information such as the person's name, address, and date of birth, along with the date of commitment or date charges are dismissed, to the national instant criminal background check system index, denied persons file, created by the federal Brady handgun violence prevention act (P.L.

2 SBESB 6246 concealed pistol license, the department of licensing shall immediately notify the license-issuing authority which, upon receipt of such notification, shall immediately revoke the license.

3 SBESB 6246 person will engage in violence after the person's right to possess a firearm is restored, the person petitioning for restoration of firearm rights shall bear the burden of proving by clear, cogent, and convincing evidence that the person does not present a substantial danger to the safety of others.

4 SBESB 6246 driver's license or identicard, or comparable information, along with the date of release from the facility, to the department of licensing, the criminal division of the county prosecutor in the county of commitment, and ((to)) the Washington state patrol firearms background check program, ((who)) which shall forward the information to the national instant criminal background check system index, denied persons file, created by the federal Brady handgun violence prevention act (P.L.

5 SBESB 6246 degree under RCW 9A.36.031(1) (d) or (f), felony physical control of a vehicle under RCW 46.61.504(6), felony hit and run resulting in injury under RCW 46.52.020(4)(b), a hate crime offense under RCW 9A.36.080, a class C felony with a domestic violence designation, a class C felony sex offense as defined in RCW 9.94A.030, or a class C felony with a sexual motivation allegation, the court shall first consider all available and appropriate alternatives to inpatient competency restoration.

6 SBESB 6246 authority and the department of the need to terminate the outpatient competency restoration placement and intent to request placement for the defendant in an appropriate facility of the department for inpatient competency restoration.

7 SBESB 6246 the court places the defendant under the guidance and control of a professional person identified in the court order.

8 SBESB 6246 defendant's competency to stand trial before the expiration of this second restoration period.

9 SBESB 6246 finding, the court may extend the period of commitment for up to an additional six months.

10 SBESB 6246 successful, in addition to the factors listed under RCW 10.77.092.

11 SBESB 6246 significant changes with respect to the defendant to the department and, if applicable, the forensic navigator.

12 SBESB 6246 close of the next judicial day.

13 SBESB 6246 evaluation may be conducted in any location chosen by the professional.

14 SBESB 6246 restoration program and is in addition to reasonable time for transport to or from the facility.

15 SBESB 6246 by a mental health service agency, or its legal counsel, may be liable for information released to or used under the provisions of this section or rules adopted under this section except under RCW 71.05.680.

16 SBESB 6246 section, solely for the purpose of coordinating activities related to the individual who is the subject of the information in a manner consistent with the official responsibilities of the persons involved;

17 SBESB 6246 (8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under this chapter.

18 SBESB 6246