SB 5441 — Concerning certain procedures upon initial detention under the involuntary treatment act.

S-4717.1SUBSTITUTES-0762.1SENATE SENATE BILL 5441State of Washington65th Legislature2018Legislature2017 Regular SessionBy Senate Law & Justice (originally sponsored by Senators Kuderer, Frockt, Carlyle, Keiser, Nelson, Liias, Darneille, Wellman, Saldaña, McCoy, Rolfes, Ranker, Billig, and Hasegawa)READHasegawaRead FIRSTfirst TIMEtime 02/02/18.AN01/24/17. ACT Relating to certain procedures upon initial detention under the involuntary treatment act;

amendingReferred RCWto 9.41.047;Committee on Human Services, Mental Health & Housing.AN ACT Relating to certain procedures upon initial detention under the involuntary treatment act;

amending RCW 71.05..

and 9.41.047;

and adding a new section to chapter 9.41 RCW.BERCW; IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  A new section is added to chapter 71.05 RCW to read as follows:(1) A person who under RCW 71.05.150 or 71.05.153 has been detained at a facility for seventy-two-hour evaluation and treatment on the grounds that the person presents a likelihood of serious harm, but who has not been subsequently committed for involuntary treatment under RCW 71.05.240, may not have in his or her possession or control any firearm for a period of six months after the date that the person is detained.(2) Before the discharge of a person who has been initially detained under RCW 71.05.150 or 71.05.153 on the grounds that the person presents a likelihood of serious harm, but has not been subsequently committed for involuntary treatment under RCW 71.05.240, the designated crisis responder shall inform the person orally and in writing that:(a) He or she is prohibited from possessing or controlling any firearm for a period of six months;(b) He or she must immediately surrender, for the six-month period, any concealed pistol license and any firearms that the person possesses or controls to the sheriff of the county or the chief of police of the municipality in which the person is domiciled;(c) After the six-month suspension, the person's right to control or possess any firearm or concealed pistol license shall be automatically restored, absent further restrictions imposed by other law;

and(d)providing Uponan discharge,effective thedate; person may petition the superior court to have his or her right to possess a firearm restored before the six-month suspension period has elapsed by following the procedures provided in RCW 9.41.047(3).(3)(a) A law enforcement agency holding any firearm that has been surrendered pursuant to this section shall, upon the request of the person from whom it was obtained, return the firearm at the expiration of the six-month suspension period, or prior to the expiration of the six-month period if the person's right to possess firearms has been restored by the court under RCW 9.41.047.

Theand lawproviding enforcementan agencyexpiration mustdate.BE complyIT withENACTED theBY provisionsTHE ofLEGISLATURE RCWOF 9.41.345THE whenSTATE returningOF aWASHINGTON:NEW firearmSECTION.  Sec. 1.  A pursuantnew tosection thisis section.(b)added Anyto firearmchapter surrendered71.05 pursuantRCW to thisread sectionas thatfollows:(1) remainsA unclaimedperson bywho theunder lawfulRCW owner71.05.150 shallor be71.05.153 disposedhas ofbeen indetained accordanceat witha thefacility lawfor enforcementseventy-two-hour agency'sevaluation policies and procedurestreatment foron the disposalgrounds that the person presents a likelihood of firearmsserious inharm, policebut custody.NEWwho SECTION.  Sec. 2.  Ahas newnot sectionbeen issubsequently addeddetained tofor chapterinvoluntary 9.41treatment under RCW to71.05.240, readmay asnot follows:(1)have Whenin his or her possession or control any firearm for a designatedperiod crisisof respondersix filesmonths after the date that the person is detained.(2) Before the discharge of a petitionperson forwho initialhas detentionbeen initially detained under RCW 71.05.150 or 71.05.153 on the grounds that the person presents a likelihood of serious harm, but has not been subsequently detained for involuntary treatment under RCW 71.05.240, the petitiondesignated mental health professional shall includeinform the person orally and in writing that:(a) He or she is prohibited from possessing or controlling any firearm for a copyperiod of six months;(b) He or she must immediately surrender, for the person'ssix-month driver'speriod, any concealed pistol license and any firearms that the person possesses or identicardcontrols to the sheriff of the county or comparablethe information.chief of police of the municipality in which the person is domiciled;(c) After the six-month suspension, the person's right to control or possess any firearm or concealed pistol license shall be automatically restored, absent further restrictions imposed by other law;

Ifand(d) Upon discharge, the person ismay notpetition subsequentlythe committedsuperior forcourt involuntaryto treatmenthave underhis RCWor 71.05.240,her theright courtto shallpossess forwarda withinfirearm threerestored businessbefore daysthe ofsix-month suspension period has elapsed by following the probableprocedures causeprovided hearingin aRCW copy9.41.047(3).(3)(a) ofA thelaw person'senforcement driver'sagency licenseholding orany identicard,firearm orthat comparablehas information,been alongsurrendered withpursuant theto datethis ofsection releaseshall fromreturn the facility,firearm to the departmentperson offrom licensingwhom andit towas obtained at the stateexpiration patrol,of whothe shallsix-month forwardsuspension theperiod, informationor prior to the nationalexpiration instantof criminalthe backgroundsix-month checkperiod systemif index,the deniedperson's personsright file,to createdpossess byfirearms thehas federalbeen Bradyrestored handgunby violencethe preventioncourt actunder (P.L.RCW 9.41.047.

The law enforcement agency may return any firearm surrendered under this section only after confirming, through a background check, that the person to whom the firearm is being returned is currently eligible to own or possess firearms under federal and state law.(b) Any firearm surrendered pursuant to this section that remains unclaimed by the lawful owner shall be disposed of in accordance with the law enforcement agency's policies and procedures for the disposal of firearms in police custody.Sec. 2.  RCW 71.05..

and 2017 c .

s 1 (section 1 of this act) are each amended to read as follows:(1) A person who under RCW 71.05.150 or 71.05.153 has been detained at a facility for seventy-two-hour evaluation and treatment on the grounds that the person presents a likelihood of serious harm, but who has not been subsequently detained for involuntary treatment under RCW 71.05.240, may not have in his or her possession or control any firearm for a period of six months after the date that the person is detained.(2) Before the discharge of a person who has been initially detained under RCW 71.05.150 or 71.05.153 on the grounds that the person presents a likelihood of serious harm, but has not been subsequently detained for involuntary treatment under RCW 71.05.240, the designated ((mental health professional)) crisis responder shall inform the person orally and in writing that:(a) He or she is prohibited from possessing or controlling any firearm for a period of six months;

(b) He or she must immediately surrender, for the six-month period, any concealed pistol license and any firearms that the person possesses or controls to the sheriff of the county or the chief of police of the municipality in which the person is domiciled;(c) After the six-month suspension, the person's right to control or possess any firearm or concealed pistol license shall be automatically restored, absent further restrictions imposed by other law;

and(d) Upon discharge, the person may petition the superior court to have his or her right to possess a firearm restored before the six-month suspension period has elapsed by following the procedures provided in RCW 9.41.047(3).(3)(a) A law enforcement agency holding any firearm that has been surrendered pursuant to this section shall return the firearm to the person from whom it was obtained at the expiration of the six-month suspension period, or prior to the expiration of the six-month period if the person's right to possess firearms has been restored by the court under RCW 9.41.047.

The law enforcement agency may return any firearm surrendered under this section only after confirming, through a background check, that the person to whom the firearm is being returned is currently eligible to own or possess firearms under federal and state law.(b) Any firearm surrendered pursuant to this section that remains unclaimed by the lawful owner shall be disposed of in accordance with the law enforcement agency's policies and procedures for the disposal of firearms in police custody.NEW SECTION.  Sec. 3.  A new section is added to chapter 9.41 RCW to read as follows:(1) The facility discharging a person who has been initially detained under RCW 71.05.150 or 71.05.153 on the grounds that the person presents a likelihood of serious harm, but who is not being subsequently detained for involuntary treatment under RCW 71.05.240, shall forward within three business days of discharge a copy of the person's driver's license or identicard, or comparable information, along with the date of release from the facility, to the department of licensing and to the state patrol, who 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.

If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority, which, upon receipt of such notification, shall immediately suspend the license for a period of six months from the date of the person's release from the facility.(3) A person who is prohibited from possessing a firearm by reason of having been detained under RCW 71.05.150 or 71.05.153 may, upon discharge, petition the superior court to have his or her right to possess a firearm restored before the six-month suspension period has elapsed by following the procedures provided in RCW 9.41.047(3).Sec. 3.  RCW9.41.047(3).Sec. 4.  RCW 9.41.047 and 2016 c 93 s 1 are each amended to read as follows:(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, 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 mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record.

In the case of a person whose right to possess a firearm has been suspended for six months as provided in section 1 of this act, the department of licensing shall forward notification of the restoration order to the licensing authority, which, upon receipt of such notification, shall immediately lift the suspension, restoring the license.(4) No person who has been found not guilty by reason of insanity may petition a court for restoration of the right to possess a firearm unless the person meets the requirements for the restoration of the right to possess a firearm under RCW 9.41.040(4).---9.41.040(4).NEW SECTION.  Sec. 5.  Section 1 of this act expires April 1, 2018.NEW SECTION.  Sec. 6.  Section 2 of this act takes effect April 1, 2018.--- END ---