S. 480: NICS Reporting Improvement Act of 2013

113th Congress, 2013–2015. Text as of Mar 06, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

II

113th CONGRESS

1st Session

S. 480

IN THE SENATE OF THE UNITED STATES

March 6, 2013

(for himself,Mr. Begich,Mr. Flake,Mr. Pryor, andMr. Heller) introduced the following bill; which was read twice and referred to theCommittee on the Judiciary

A BILL

To improve the effectiveness of the National Instant Criminal Background Check System by clarifying reporting requirements related to adjudications of mental incompetency, and for other purposes.

1.

Short title

This Act may be cited as the NICS Reporting Improvement Act of 2013 .

2.

Definitions relating to mental health

(a)

Title 18 definitions

Chapter 44 of title 18, United States Code, is amended—

(1)

insection 921(a), by adding at the end the following:

(36)
(A)

Subject tosubparagraph (B), the termhas been adjudicated mentally incompetent or has been committed to a psychiatric hospital, with respect to a person—

(i)

means the person is the subject of an order or finding by a judicial officer, court, board, commission, or other adjudicative body—

(I)

that was issued after a hearing—

(aa)

of which the person received actual notice; and

(bb)

at which the person had an opportunity to participate with counsel; and

(II)

that found that the person, as a result of marked subnormal intelligence, mental impairment, or mental illness—

(aa)

was an imminent danger to himself or to others;

(bb)

was guilty but mentally ill in a criminal case;

(cc)

was not guilty in a criminal case by reason of insanity or mental disease or defect;

(dd)

was incompetent to stand trial in a criminal case;

(ee)

was not guilty only by reason of lack of mental responsibility undersection 850a of title 10(article 50a of the Uniform Code of Military Justice);

(ff)

required involuntary inpatient treatment by a psychiatric hospital;

(gg)

required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is an imminent danger to himself or to others; or

(hh)

required involuntary commitment to a psychiatric hospital for any reason, including drug use; and

(ii)

does not include—

(I)

a person who is in a psychiatric hospital for observation; or

(II)

a voluntary admission to a psychiatric hospital.

(B)

In this paragraph, the termorder or findingdoes not include—

(i)

an order or finding that—

(I)

has expired or has been set aside or expunged; or

(II)

requires treatment, supervision, or monitoring of a person, from which treatment, supervision, or monitoring the person has been fully released or discharged;

(ii)

an order or finding that is no longer applicable because a judicial officer, court, board, commission, or other adjudicative body has found that the person who is the subject of the order or finding—

(I)

does not present a danger to himself or to others;

(II)

has been restored to sanity or cured of mental disease or defect;

(III)

has been restored to competency; or

(IV)

no longer requires involuntary inpatient or outpatient treatment by, or involuntary commitment to, a psychiatric hospital; or

(iii)

an order or finding with respect to which the person who is subject to the order or finding has been found to be rehabilitated or has been granted relief from disabilities through any procedure available under the law of the jurisdiction in which the order or finding was issued.

(37)

The termpsychiatric hospitalincludes a mental health facility, a mental hospital, a sanitarium, a psychiatric facility, and any other facility that provides diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.

; and

(2)

insection 922

(A)

insubsection (d)(4)

(i)

by strikingas a mental defectiveand insertingmentally incompetent; and

(ii)

by strikingany mental institutionand insertinga psychiatric hospital; and

(B)

insubsection (g)(4)

(i)

by strikingas a mental defective or who hasand insertingmentally incompetent or has; and

(ii)

by strikingmental institutionand insertingpsychiatric hospital.

(b)

Technical and conforming amendment

The NICS Improvement Amendments Act of 2007( 18 U.S.C. 922note)is amended—

(1)

by strikingas a mental defectiveeach place that term appears and insertingmentally incompetent;

(2)

by strikingmental institutioneach place that term appears and insertingpsychiatric hospital; and

(3)

insection 102(c)(3)

(A)

in the paragraph heading, by striking as a mental defective or committed to a mental institution and inserting mentally incompetent or committed to a psychiatric hospital ; and

(B)

by strikingmental institutionsand insertingpsychiatric hospitals.