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                                                        PRINTER'S NO. 71



No. 77 Session of 2005

           JANUARY 25, 2005


                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for persons
     3     prohibited from possessing, using, manufacturing,
     4     controlling, selling or transferring firearms and for the
     5     Pennsylvania State Police.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 6105(c)(4) of Title 18 of the
     9  Pennsylvania Consolidated Statutes is amended to read:
    10  § 6105.  Persons not to possess, use, manufacture, control, sell
    11             or transfer firearms.
    12     * * *
    13     (c)  Other persons.--In addition to any person who has been
    14  convicted of any offense listed under subsection (b), the
    15  following persons shall be subject to the prohibition of
    16  subsection (a):
    17         * * *
    18         (4)  A person who has been adjudicated as an incompetent

     1     or who has voluntarily enrolled in or who has been
     2     voluntarily or involuntarily committed to a mental
     3     institution for inpatient care and treatment under Article II
     4     or section 302, 303 or 304 of the provisions of the act of
     5     July 9, 1976 (P.L.817, No.143), known as the Mental Health
     6     Procedures Act. This paragraph shall not apply to any
     7     proceeding under section 302 of the Mental Health Procedures
     8     Act unless the examining physician has issued a certification
     9     that inpatient care was necessary or that the person was
    10     committable.
    11         * * *
    12     Section 2.  Section 6111.1(g) of Title 18 is amended and the
    13  section is amended by adding a subsection to read:
    14  § 6111.1.  Pennsylvania State Police.
    15     * * *
    16     (f.1)  Notification of voluntary mental health commitment.--
    17  Notwithstanding any statute to the contrary, any facility or
    18  agency which provides voluntary care or treatment of an
    19  individual who authorized such voluntary treatment under Article
    20  II of the Mental Health Procedures Act shall notify the
    21  Pennsylvania State Police on a form developed by the
    22  Pennsylvania State Police of the identity of the individual. The
    23  notification shall be transmitted to the Pennsylvania State
    24  Police within seven days of the voluntary treatment.
    25     (g)  Review by court.--
    26         (1)  Upon receipt of a copy of the order of a court of
    27     competent jurisdiction which vacates a final order or an
    28     involuntary certification issued by a mental health review
    29     officer, the Pennsylvania State Police shall expunge all
    30     records of the involuntary treatment received under
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     1     subsection (f).
     2         (2)  A person who is involuntarily committed pursuant to
     3     section 302 of the Mental Health Procedures Act may petition
     4     the court to review the sufficiency of the evidence upon
     5     which the commitment was based. If the court determines that
     6     the evidence upon which the involuntary commitment was based
     7     was insufficient, the court shall order that the record of
     8     the commitment submitted to the Pennsylvania State Police be
     9     expunged. A petition filed under this subsection shall toll
    10     the 60-day period set forth under section 6105(a)(2).
    11         (3)  The Pennsylvania State Police shall expunge all
    12     records of an involuntary commitment of an individual who is
    13     discharged from a mental health facility based upon the
    14     initial review by the physician occurring within two hours of
    15     arrival under section 302(b) of the Mental Health Procedures
    16     Act and the physician's determination that no severe mental
    17     disability existed pursuant to section 302(b) of the Mental
    18     Health Procedures Act. The physician shall provide signed
    19     confirmation of the determination of the lack of severe
    20     mental disability following the initial examination under
    21     section 302(b) of the Mental Health Procedures Act to the
    22     Pennsylvania State Police.
    23         (4)  Upon receipt of notification that an individual who
    24     was receiving voluntary treatment pursuant to Article II of
    25     the Mental Health Procedures Act has withdrawn from
    26     treatment, the Pennsylvania State Police shall expunge all
    27     records of the voluntary treatment received under subsection
    28     (f.1).
    29     * * *
    30     Section 3.  This act shall take effect in 60 days.
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