HB 1835 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms, for licenses and for Pennsylvania State Police.

PRIOR PRINTER'S NO.

2510 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

25721835 THE2019 GENERALINTRODUCED ASSEMBLYBY OFKAUFFMAN, PENNSYLVANIASEPTEMBER HOUSE18, BILL2019 SessionREFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 18, 2019 AN ACT Amending Title 18 (Crimes and Offenses) of No.the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for Pennsylvania State Police.

1835 2019 INTRODUCED BY KAUFFMAN, SEPTEMBER 18, 2019 AS REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 2019 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms, FOR LICENSES <-- and for Pennsylvania State Police.

* * * SECTION 1.1.

SECTION 6109(I.1)(2) OF TITLE 18 IS AMENDED AND <-- THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 6109.

LICENSES.

* * * (I.1) NOTICE TO SHERIFF.--NOTWITHSTANDING ANY STATUTE TO THE CONTRARY:

* * * (2) UPON ADJUDICATION THAT A PERSON IS INCOMPETENT OR UPON THE INVOLUNTARY COMMITMENT OF A PERSON TO A MENTAL 20190HB1835PN2572 - 2 - INSTITUTION FOR INPATIENT CARE AND TREATMENT UNDER THE ACT OF JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE MENTAL HEALTH PROCEDURES ACT, OR UPON INVOLUNTARY TREATMENT OF A PERSON AS DESCRIBED UNDER SECTION 6105(C)(4), THE JUDGE OF THE COURT OF COMMON PLEAS, MENTAL HEALTH REVIEW OFFICER OR COUNTY MENTAL HEALTH AND MENTAL RETARDATION ADMINISTRATOR SHALL NOTIFY THE SHERIFF OF THE COUNTY IN WHICH THAT PERSON RESIDES, ON A FORM DEVELOPED BY THE PENNSYLVANIA STATE POLICE, OF THE IDENTITY OF THE PERSON WHO HAS BEEN ADJUDICATED, COMMITTED OR TREATED AND THE NATURE OF THE ADJUDICATION, COMMITMENT OR TREATMENT.

THE NOTIFICATION SHALL BE TRANSMITTED BY THE JUDGE, MENTAL HEALTH REVIEW OFFICER OR COUNTY MENTAL HEALTH AND MENTAL RETARDATION ADMINISTRATOR WITHIN [SEVEN DAYS] 72 HOURS OF THE ADJUDICATION, COMMITMENT OR TREATMENT.

(3) THE JUDGE OF THE COURT OF COMMON PLEAS, MENTAL HEALTH REVIEW OFFICER OR COUNTY MENTAL HEALTH AND MENTAL RETARDATION ADMINISTRATOR SHALL NOTIFY A PERSON WHO HAS BEEN SUBJECT TO INVOLUNTARY TREATMENT AS DESCRIBED UNDER SECTION 6105(C)(4), ON A FORM DEVELOPED BY THE PENNSYLVANIA STATE POLICE, OF THE PERSON'S OBLIGATIONS AND RIGHTS UNDER SECTION 6105(A)(2)(V) AND (F)(1) PRIOR TO DISCHARGE FROM INPATIENT CARE AND TREATMENT.

Section 6111.1(f)(3) 6111.1(F)(2) AND (3) of <-- Title 18 is ARE amended to read:

<-- § 6111.1.

* * * (f) Notification of mental health adjudication, treatment, commitment, drug use or addiction.-- * * * 20190HB1835PN2572(3) Notwithstanding any law to the contrary, the Pennsylvania State Police [may] shall, within 72 hours of receipt, disclose, electronically or otherwise, to the United 20190HB1835PN2510 - 32 - (2)States THEAttorney NOTIFICATIONGeneral SHALLor BEa TRANSMITTEDdesignee, BYany THErecord JUDGErelevant <--to TOa THEdetermination PENNSYLVANIAof STATEwhether POLICEa WITHINperson [SEVENis DAYS]disqualified 72from HOURSpossessing OFor THEreceiving ADJUDICATION,a COMMITMENTfirearm ORunder TREATMENT.18 U.S.C.

(3) Notwithstanding any law to the contrary, the Pennsylvania State Police [may] shall, within 72 hours of receipt, disclose, electronically or otherwise, to the United States Attorney General or a designee, any record relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under 18 U.S.C.

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