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
20040H2583B3785 - 2 -
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.
A person who has been adjudicated as an incompetent
or who has
been involuntarily
committed to a mental institution for inpatient care and
treatment
under section 302, 303 or 304
of the provisions of the act of July 9, 1976 (P.L 817, No 143)
known as the Mental Health Procedures Act
This paragraph shall not apply to any proceeding
under
section 302 of the Mental Health
Procedures Act
unless the examining physician
has issued a
certification that inpatient
care was necessary
or that the person was
committable