SB576: Mental health; prohibition of firearms.
Be it enacted by the General Assembly of Virginia:
1. That §§ 37.2-819 and 64.2-2014, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
§ 37.2-819. Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check.
A. The order from a commitment hearing issued pursuant to this chapter for involuntary admission or involuntary outpatient treatment and the certification of any person who has been the subject of a temporary detention order pursuant to § 37.2-809 and who, after being advised by the judge or special justice that he will be prohibited from possessing a firearm pursuant to § 18.2-308.1:3, subsequently agreed to voluntary admission pursuant to § 37.2-805 shall be filed by the judge or special justice with the clerk of the district court for the county or city where the hearing took place as soon as practicable but no later than the close of business on the next business day following the completion of the hearing.
B. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for involuntary admission to a facility, the clerk of court shall, as soon as practicable but not later than the close of business on the next following business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of the order. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for mandatory outpatient treatment, the clerk of court shall, prior to the close of that business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the exchange, a copy of the order.
B. C. The clerk of court shall also, as soon as
practicable but no later than the close of business on the next following business
day, forward upon receipt to the Central Criminal Records Exchange, on a form
provided by the Exchange, certification of any person who has been the subject
of a temporary detention order pursuant to § 37.2-809, and who, after being
advised by the judge or special justice that he will be prohibited from
possessing a firearm pursuant to § 18.2-308.1:3, subsequently agreed to
voluntary admission pursuant to § 37.2-805.
C. D. The copy of the forms and orders sent to
the Central Criminal Records Exchange pursuant to subsection A B,
and the forms and certifications sent to the Central Criminal Records Exchange
regarding voluntary admission pursuant to subsection B C, shall
be kept confidential in a separate file and used only to determine a person's
eligibility to possess, purchase, or transfer a firearm. No medical records
shall be forwarded to the Central Criminal Records Exchange with any form,
order, or certification required by subsection A or B or C. The
Department of State Police shall forward only a person's eligibility to
possess, purchase, or transfer a firearm to the National Instant Criminal
Background Check System.
§ 64.2-2014. (Effective until July 1, 2014) Clerk to index findings of incapacity or restoration; notice of findings.
A. A copy of the court's findings that a person is incapacitated or has been restored to capacity, or a copy of any order appointing a conservator or guardian pursuant to § 64.2-2115, shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place as soon as practical, but no later than the close of business on the next business day following the completion of the hearing. The clerk shall properly index the findings in the index to deed books by reference to the order book and page whereon the order is spread and shall immediately notify the Commissioner of Behavioral Health and Developmental Services in accordance with § 64.2-2028, the commissioner of accounts in order to ensure compliance by a conservator with the duties imposed pursuant to §§ 64.2-2021, 64.2-2022, 64.2-2023, and 64.2-2026, and the Secretary of the State Board of Elections with the information required by § 24.2-410. If a guardian is appointed, the clerk shall forward a copy of the court order to the local department of social services of the jurisdiction where the person then resides. If a guardianship is terminated or otherwise modified, the clerk shall forward a copy of the court order to the local department of social services to which the original order of appointment was forwarded and, if different, to the local department of social services in the jurisdiction where the person then resides.
B. The clerk shall, as soon as practical but no later than
the close of business on the following business day, certify and forward forthwith
to the Central Criminal Records Exchange, on a form provided by the
Exchange, a copy of any order adjudicating a person incapacitated under this
article, any order appointing a conservator or guardian pursuant to § 64.2-2115,
and any order of restoration of capacity under § 64.2-2012. 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.
§ 64.2-2014. (Effective July 1, 2014) Clerk to index findings of incapacity or restoration; notice of findings.
A. A copy of the court's findings that a person is incapacitated or has been restored to capacity, or a copy of any order appointing a conservator or guardian pursuant to § 64.2-2115, shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place as soon as practical, but no later than the close of business on the next business day following the completion of the hearing. The clerk shall properly index the findings in the index to deed books by reference to the order book and page whereon the order is spread and shall immediately notify the Commissioner of Behavioral Health and Developmental Services in accordance with § 64.2-2028, the commissioner of accounts in order to ensure compliance by a conservator with the duties imposed pursuant to §§ 64.2-2021, 64.2-2022, 64.2-2023, and 64.2-2026, and the Commissioner of Elections with the information required by § 24.2-410. If a guardian is appointed, the clerk shall forward a copy of the court order to the local department of social services of the jurisdiction where the person then resides. If a guardianship is terminated or otherwise modified, the clerk shall forward a copy of the court order to the local department of social services to which the original order of appointment was forwarded and, if different, to the local department of social services in the jurisdiction where the person then resides.
B. The clerk shall, as soon as practical but no later than
the close of business on the following business day, certify and forward forthwith
to the Central Criminal Records Exchange, on a form provided by the
Exchange, a copy of any order adjudicating a person incapacitated under this
article, any order appointing a conservator or guardian pursuant to §
64.2-2115, and any order of restoration of capacity under § 64.2-2012. 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.
SENATE BILL NO. 576
Be it enacted by the General Assembly of Virginia:
1. That §§ 37.2-819 and 64.2-2012, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
§ 37.2-819. Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check.
A. The district court judge or special justice shall forward any order from a commitment hearing issued pursuant to this chapter for involuntary admission or involuntary outpatient treatment to the clerk of the circuit court for the county or city where the hearing took place as soon as practicable but no later than the close of business on the next business day following the completion of the hearing.
B. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for involuntary admission to a facility, the clerk of the circuit court shall, as soon as practicable but not later than the close of business on the next following business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of the order. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for mandatory outpatient treatment, the clerk of the circuit court shall, prior to the close of that business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the exchange, a copy of the order.
B. C. The
clerk of the circuit court shall also,
as soon as practicable but no later than the close of business on the next
following business day, forward upon receipt to the Central Criminal Records
Exchange, on a form provided by the Exchange, certification of any person who
has been the subject of a temporary detention order pursuant to § 37.2-809, and
who, after being advised by the judge or special justice that he will be
prohibited from possessing a firearm pursuant to § 18.2-308.1:3, subsequently
agreed to voluntary admission pursuant to § 37.2-805.
C. D. The
copy of the forms and orders sent to the Central Criminal Records Exchange
pursuant to subsection A B, and the forms and
certifications sent to the Central Criminal Records Exchange regarding
voluntary admission pursuant to subsection B C, shall be kept confidential
in a separate file and used only to determine a person's eligibility to
possess, purchase, or transfer a firearm. No medical records shall be forwarded
to the Central Criminal Records Exchange with any form, order, or certification
required by subsection A or
B or C. The Department of State
Police shall forward only a person's eligibility to possess, purchase, or
transfer a firearm to the National Instant Criminal Background Check System.
§ 64.2-2014. (Effective until July 1, 2014) Clerk to index findings of incapacity or restoration; notice of findings.
A. A copy of the court's findings that a person is incapacitated or has been restored to capacity, or a copy of any order appointing a conservator or guardian pursuant to § 64.2-2115, shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place as soon as practical, but no later than the close of business on the next business day following the completion of the hearing. The clerk shall properly index the findings in the index to deed books by reference to the order book and page whereon the order is spread and shall immediately notify the Commissioner of Behavioral Health and Developmental Services in accordance with § 64.2-2028, the commissioner of accounts in order to ensure compliance by a conservator with the duties imposed pursuant to §§ 64.2-2021, 64.2-2022, 64.2-2023, and 64.2-2026, and the Secretary of the State Board of Elections with the information required by § 24.2-410. If a guardian is appointed, the clerk shall forward a copy of the court order to the local department of social services of the jurisdiction where the person then resides. If a guardianship is terminated or otherwise modified, the clerk shall forward a copy of the court order to the local department of social services to which the original order of appointment was forwarded and, if different, to the local department of social services in the jurisdiction where the person then resides.
B. The clerk shall, as soon as
practical but no later than the close of business on the following business
day, certify and forward forthwith
to the Central Criminal Records Exchange, on a form provided
by the Exchange, a copy of any order adjudicating a person incapacitated under
this article, any order appointing a conservator or guardian pursuant to §
64.2-2115, and any order of restoration of capacity under § 64.2-2012. 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.
§ 64.2-2014. (Effective July 1, 2014) Clerk to index findings of incapacity or restoration; notice of findings.
A. A copy of the court's findings that a person is incapacitated or has been restored to capacity, or a copy of any order appointing a conservator or guardian pursuant to § 64.2-2115, shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place as soon as practical, but no later than the close of business on the next business day following the completion of the hearing. The clerk shall properly index the findings in the index to deed books by reference to the order book and page whereon the order is spread and shall immediately notify the Commissioner of Behavioral Health and Developmental Services in accordance with § 64.2-2028, the commissioner of accounts in order to ensure compliance by a conservator with the duties imposed pursuant to §§ 64.2-2021, 64.2-2022, 64.2-2023, and 64.2-2026, and the Commissioner of Elections with the information required by § 24.2-410. If a guardian is appointed, the clerk shall forward a copy of the court order to the local department of social services of the jurisdiction where the person then resides. If a guardianship is terminated or otherwise modified, the clerk shall forward a copy of the court order to the local department of social services to which the original order of appointment was forwarded and, if different, to the local department of social services in the jurisdiction where the person then resides.
B. The clerk shall, as soon as
practical but no later than the close of business on the following business
day, certify and forward forthwith
to the Central Criminal Records Exchange, on a form
provided by the Exchange, a copy of any order adjudicating a person
incapacitated under this article, any order appointing a conservator or
guardian pursuant to § 64.2-2115, and any order of restoration of capacity
under § 64.2-2012. 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.