Amendment vs bill House Amendment A02902 vs Printer's No. 2572

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
PRIOR PRINTER'S NO.
H1835B2510A02902 MSP:AAS 09/23/19 #90 A02902 AMENDMENTS TO HOUSE BILL NO.
2510 PRINTER'S NO.
1835 Sponsor:
2572 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
REPRESENTATIVE BRIGGS Printer's No.
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.
2510 Amend Bill, page 1, line 4, by inserting after "firearms" , for licenses Amend Bill, page 2, by inserting between lines 20 and 21 Section 1.1.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 6109(i.1)(2) of Title 18 is amended and the subsection is amended by adding a paragraph to read:
Section 1.
Section 6105(c)(4) of Title 18 of the Pennsylvania Consolidated Statutes is amended and subsection (a) (2) is amended by adding a subparagraph to read:
§ 6105.
Persons not to possess, use, manufacture, control, sell or transfer firearms.
(a) Offense defined.-- * * * (2) * * * (v) A person whose disability is imposed pursuant to subsection (c)(4) due to the person's involuntary commitment to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, shall relinquish any firearms under that person's possession or control no later than 48 hours from the person's discharge from inpatient care and treatment.
* * * (c) Other persons.--In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):
* * * (4) A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the [provisions of the act of July 9, 1976 (P.L.817, No.143), known as the] Mental Health Procedures Act.
This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.
* * * SECTION 1.1.
SECTION 6109(I.1)(2) OF TITLE 18 IS AMENDED AND <-- THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
LICENSES.
Licenses.
* * * (I.1) NOTICE TO SHERIFF.--NOTWITHSTANDING ANY STATUTE TO THE CONTRARY:
* * * (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.
* * * (2) Upon adjudication that a person is incompetent or upon the involuntary commitment of a person to a mental 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.
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.
(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 2.
* * * Amend Bill, page 2, line 21, by inserting after "6111.1(f)" 2019/90MSP/HB1835A02902 - 1 - (2) and Amend Bill, page 2, line 21, by striking out "is" and inserting are Amend Bill, page 2, by inserting between lines 27 and 28 (2) The notification shall be transmitted by the judge to the Pennsylvania State Police within [seven days] 72 hours of the adjudication, commitment or treatment.
Section 6111.1(f)(3) 6111.1(F)(2) AND (3) of <-- Title 18 is ARE amended to read:
2019/90MSP/HB1835A02902 - 2 -
<-- § 6111.1.
Pennsylvania State Police.
* * * (f) Notification of mental health adjudication, treatment, commitment, drug use or addiction.-- * * * 20190HB1835PN2572 - 3 - (2) THE NOTIFICATION SHALL BE TRANSMITTED BY THE JUDGE <-- TO THE PENNSYLVANIA STATE POLICE WITHIN [SEVEN DAYS] 72 HOURS OF THE ADJUDICATION, COMMITMENT OR TREATMENT.
(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.
§ 922 (g) (3) or (4) or an applicable state statute.
* * * Section 3.
This act shall take effect in 60 days.
20190HB1835PN2572 - 4 -