Changes to Existing Law

HB1114 — Require that certain mental health information be submitted to and subsequently removed from the National Instant Criminal Background Check System.

3 sections modified+1130-284

View:

§ 23-7

New Section

+823

NEW SECTION added to Chapter 23-7

The attorney general shall: (1) Transmit any information received in accordance with § 23-7-48 to the National Instant Criminal Background Check System within one working day; (2) Provide a copy of the transmitted information described in subdivision 23-7-48(2) to the individual who is the subject of the transmittal or to the individual's guardian; (3) Request that any of the transmitted information described in subdivision 23-7-14 48(2) be removed from the National Instant Criminal Background Check System after a period of eighteen months; and (4) Provide to the individual who is the subject of the transmitted information or to the individual's guardian, notice that the information has been removed from the National Instant Criminal Background Check System, as provided for in subdivision (3) of this section. 20

§ 23-7-47

Amended

+33-134

Section 23-7-47 — AMENDED

~~Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.~~ 23-7-47. The prosecuting attorney shall report to the attorney general for reporting to the National Instant Criminal Background Check System the name and other identifying information of any person who is acquitted of a crime by reason of insanity pursuant to § 23A-26-5 or who is determined to be incompetent to stand trial pursuant to § 23A-10A-4. The prosecuting attorney shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days no later than two hours after the date of the verdict acquitting for insanity or the adjudication of incompetency. The report may not include information relating to the person's diagnosis or treatment. 14

§ 23-7-48

Amended

+274-150

Section 23-7-48 — AMENDED

~~Attorney general's transmission of certain names to National Instant Criminal Background Check System.~~ 23-7-48. The attorney general shall transmit to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation the name and other identifying information of ~~any~~ any: (1) Any person who is prohibited from possessing a firearm under 18 U.S.C. § 922(g)(4) (January 1, 2026), because ~~the~~ the: (a) The person was acquitted of a crime by reason of insanity pursuant to § 23A-26-5, ~~the~~ the; (b) The person was determined to be incompetent to stand trial pursuant to § 23A-10A-4, or ~~the~~ the; or (c) The person was involuntarily committed pursuant to chapter 27A-10 based on a finding that the person is a danger to ~~self~~ self, as defined in subdivision ~~27A-1-1(7)(a)~~ 27A-1-1(7)(a), or a danger to ~~others~~ others, as defined in subdivision ~~27A-1-1(6).~~ 27A-1-1(6); and (2) Any person who is ordered apprehended under § 27A-10-2 on the basis of a petition for an involuntary commitment filed in accordance with § 27A-10-1. 6

Section 23-7-48 — AMENDED