Friday, May 16, 2008
The General Assembly is now in session.
Tracking Virginia’s General Assembly
since 2007.
HB815: Voluntary admission; report to Central Criminal Records Exchange.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-308.1:3 and 37.2-819 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-308.1:3. Purchase, possession or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty.
A. It shall be unlawful for any person involuntarily
committed admitted to a facility or ordered to involuntary outpatient
treatment pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title
37.2, or who was the subject of a temporary detention order pursuant to §
37.2-809 and subsequently agreed to voluntary admission pursuant to § 37.2-805,
to purchase, possess or transport a firearm during the period of such
person's commitment. A violation of this subsection shall be punishable as
a Class 1 misdemeanor.
B. Any person prohibited from purchasing, possessing or
transporting firearms under this section may, at any time following his release
from commitmentinvoluntary admission to a facility, or his release
from an order of involuntary outpatient treatment, or his release from
voluntary admission, pursuant to § 37.2-805, following the issuance of a
temporary detention order, petition the circuit court in the city or county
in which he resides to restore his right to purchase, possess or transport a
firearm. The court may, in its discretion and for good cause shown, If
the court determines that the person's record and reputation are such that the
person will not likely act in a manner dangerous to public safety and that
granting the petition is not contrary to the public interest, it shall grant
the petition. If the petition is denied, the person shall have the right to
appeal the matter to the court of appeals, and the court of appeals shall
perform a de novo review of the petition. The clerk shall certify and
forward forthwith to the Central Criminal Records Exchange, on a form provided
by the Exchange, a copy of any such order.
§ 37.2-819. Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check.
The Immediately upon receipt of any order issued
pursuant to this chapter for involuntary admission to a facility or an order
for involuntary outpatient treatment, the clerk of court shall
certify and forward forthwith to the Central Criminal Records Exchange,
on a form provided by the Exchange, a copy of any the order
for involuntary admission to a facility. The copy of the form and the order
shall be kept confidential in a separate file and used only to determine a
person's eligibility to possess, purchase, or transfer a firearm.
The clerk of court shall also forward immediately upon receipt to the Central Criminal Records Exchange information regarding any person who has been the subject of a temporary detention order pursuant to § 37.2-809, and who subsequently agreed to voluntary admission pursuant to § 37.2-805.
Be it enacted by the General Assembly of Virginia:
1. That § 37.2-819 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-819. Order of involuntary admission forwarded to CCRE; firearm background check.
The clerk shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any order for involuntary admission to a facility, or information regarding any person who has been the subject of a temporary detention order pursuant to § 37.2-809, and subsequently agreed to voluntary admission under § 37.2-805. The copy of the form and the order shall be kept confidential in a separate file and used only to determine a person's eligibility to possess, purchase, or transfer a firearm.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.