HB815: Voluntary admission; report to Central Criminal Records Exchange.


HOUSE BILL NO. 815
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on January 25, 2008)
(Patrons Prior to Substitute--Albo, Caputo [HB 741], Eisenberg [HBs 1168 and 1475], Marsden [HB 1517], Mathieson [HB 535], and Scott, J. M. [HB 1054])
A BILL to amend and reenact §§ 18.2-308.1:3 and 37.2-819 of the Code of Virginia, relating to temporary detention orders; voluntary and involuntary mental health treatment; purchase of firearms; reporting 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.

HOUSE BILL NO. 815
Offered January 9, 2008
Prefiled January 8, 2008
A BILL to amend and reenact § 37.2-819 of the Code of Virginia, relating to voluntary admission reported to the Central Criminal Records Exchange.
Patron-- Albo

Committee Referral Pending

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.