H0080B4248A10397 MSP:CMD 10/14/14 #90 A10397
AMENDMENTS TO HOUSE BILL NO. 80
Sponsor: SENATOR ALLOWAY
Printer's No. 4248
1Amend Bill, page 1, line 2, by inserting after "Statutes,"
2 in burglary and other criminal intrusion,
3Amend Bill, page 1, line 4, by striking out "and"
4Amend Bill, page 1, line 4, by inserting after "penalties"
8Amend Bill, page 4, by inserting between lines 2 and 3
11§ 6111.1. Pennsylvania State Police.
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16(3) Notwithstanding any law to the contrary, the
17Pennsylvania State Police [may] shall, within 72 hours of
18receipt, disclose, electronically or otherwise, to the United
19States Attorney General or a designee, any record relevant to
20a determination of whether a person is disqualified from
21possessing or receiving a firearm under 18 U.S.C. § 922 (g)
22(3) or (4) or an applicable state statute[.], and any record
23relevant to a determination of whether a person is not
24disqualified or is no longer disqualified from possessing or
25receiving a firearm under 18 U.S.C. § 922(g)(3) or (4) or an
26applicable state statute.
27(g) Review by court.--
28(1) Upon receipt of a copy of the order of a court of
29competent jurisdiction which vacates a final order or an
30involuntary certification issued by a mental health review
31officer, the Pennsylvania State Police shall, after
32disclosing relevant records under subsection (f)(3), expunge
33all records of the involuntary treatment received under
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1(3) The Pennsylvania State Police, after disclosing
2relevant records under subsection (f)(3), shall expunge all
3records of an involuntary commitment of an individual who is
4discharged from a mental health facility based upon the
5initial review by the physician occurring within two hours of
6arrival under section 302(b) of the Mental Health Procedures
7Act and the physician's determination that no severe mental
8disability existed pursuant to section 302(b) of the Mental
9Health Procedures Act. The physician shall provide signed
10confirmation of the determination of the lack of severe
11mental disability following the initial examination under
12section 302(b) of the Mental Health Procedures Act to the
13Pennsylvania State Police.
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20(a.2) Relief.---A person adversely affected by an ordinance,
21a resolution, regulation, rule, practice or any other action
22promulgated or enforced by a county, municipality or township
23prohibited under subsection (a) or 53 Pa.C.S. § 2962(g)
24(relating to limitation on municipal powers) may seek
25declaratory or injunctive relief and actual damages in an
42"Firearms." This term shall have the meaning given to it in
43section 5515 (relating to prohibiting of paramilitary training)
44but shall not include air rifles as that term is defined in
45section 6304 (relating to sale and use of air rifles).
46"Person adversely affected." Any of the following:
9Amend Bill, page 4, line 3, by striking out "3" and inserting