PRINTER'S NO. 3785
No. 2583 Session of 2004
INTRODUCED BY FORCIER, GERGELY, HORSEY, LEH AND R. STEVENSON,
APRIL 15, 2004
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 15, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for persons not to
3 possess, use, manufacture, control, sell or transfer firearms
4 and for duties of the Pennsylvania State Police relating to
5 firearms and other dangerous articles; and making a repeal.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 6105(c)(4) and 6111.1(f), (g) and (k) of
9 Title 18 of the Pennsylvania Consolidated Statutes are amended
10 to read:
11 § 6105. Persons not to possess, use, manufacture, control, sell
12 or transfer firearms.
13 * * *
14 (c) Other persons.--In addition to any person who has been
15 convicted of any offense listed under subsection (b), the
16 following persons shall be subject to the prohibition of
17 subsection (a):
18 * * *
19 (4) A person who has been adjudicated as an incompetent
1 or who has been involuntarily committed to a mental
2 institution for inpatient care and treatment under section
3 [302,] 303 or 304 of the provisions of the act of July 9,
4 1976 (P.L.817, No.143), known as the Mental Health Procedures
5 Act. [This paragraph shall not apply to any proceeding under
6 section 302 of the Mental Health Procedures Act unless the
7 examining physician has issued a certification that inpatient
8 care was necessary or that the person was committable.]
9 * * *
10 § 6111.1. Pennsylvania State Police.
11 * * *
12 (f) Notification of mental health commitment.--
13 Notwithstanding any statute to the contrary, judges of the
14 courts of common pleas shall notify the Pennsylvania State
15 Police on a form developed by the Pennsylvania State Police of
16 the identity of any individual who has been adjudicated
17 incompetent or who has been [involuntarily committed to a mental
18 institution for inpatient care and treatment under the act of
19 July 9, 1976 (P.L.817, No.143), known as the Mental Health
20 Procedures Act, or who has been] involuntarily treated as
21 described in section 6105(c)(4) (relating to persons not to
22 possess, use, manufacture, control, sell or transfer firearms).
23 The notification shall be transmitted by the judge to the
24 Pennsylvania State Police within seven days of the adjudication,
25 commitment or treatment.
26 (g) Review by court.--
27 (1) Upon receipt of a copy of the order of a court of
28 competent jurisdiction which vacates a final order or an
29 involuntary certification issued by a mental health review
30 officer, the Pennsylvania State Police shall expunge all
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1 records of the involuntary treatment received under
2 subsection (f).
3 [(2) A person who is involuntarily committed pursuant to
4 section 302 of the Mental Health Procedures Act may petition
5 the court to review the sufficiency of the evidence upon
6 which the commitment was based. If the court determines that
7 the evidence upon which the involuntary commitment was based
8 was insufficient, the court shall order that the record of
9 the commitment submitted to the Pennsylvania State Police be
10 expunged. A petition filed under this subsection shall toll
11 the 60-day period set forth under section 6105(a)(2).
12 (3) The Pennsylvania State Police shall expunge all
13 records of an involuntary commitment of an individual who is
14 discharged from a mental health facility based upon the
15 initial review by the physician occurring within two hours of
16 arrival under section 302(b) of the Mental Health Procedures
17 Act and the physician's determination that no severe mental
18 disability existed pursuant to section 302(b) of the Mental
19 Health Procedures Act. The physician shall provide signed
20 confirmation of the determination of the lack of severe
21 mental disability following the initial examination under
22 section 302(b) of the Mental Health Procedures Act to the
23 Pennsylvania State Police.]
24 * * *
25 (k) Definitions.--As used in this section, the following
26 words and phrases shall have the meanings given to them in this
27 subsection:
28 "Firearm." The term shall have the same meaning as in
29 section 6111.2 (relating to firearm sales surcharge).
30 ["Physician." Any licensed psychiatrist or clinical
20040H2583B3785 - 3 -
1 psychologist as defined in the act of July 9, 1976 (P.L.817,
2 No.143), known as the Mental Health Procedures Act.]
3 Section 2. Section 109(d) of the act of July 9, 1976
4 (P.L.817, No.143), known as the Mental Health Procedures Act, is
5 repealed insofar as it relates to the required reporting of
6 individuals involuntarily committed or treated pursuant to
7 section 302 of that act.
8 Section 3. On the effective date of this section, the
9 Pennsylvania State Police shall expunge all records of
10 involuntary treatment or commitment pursuant to section 302 of
11 the act of July 9, 1976 (P.L.817, No.143), known as the Mental
12 Health Procedures Act.
13 Section 4. This act shall take effect in 30 days.
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