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

26.172.15 101st Legislative Session 1114

2026 South Dakota Legislature
House Bill 1114

Introduced by: Representative Muckey

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to require that certain mental health information be submitted to and 1
subsequently removed from the National Instant Criminal Background Check 2
System. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That § 23-7-47 be AMENDED: 5
23-7-47. The prosecuting attorney shall report to the attorney general for 6
reporting to the National Instant Criminal Background Check System the name and other 7
identifying information of any person who is acquitted of a crime by reason of insanity 8
pursuant to § 23A-26-5 or who is determined to be incompetent to stand trial pursuant to 9
§ 23A-10A-4. The prosecuting attorney shall submit the report to the attorney general, in 10
the manner and form prescribed by the attorney general, within seven working days no 11
later than two hours after the date of the verdict acquitting for insanity or the adjudication 12
of incompetency. The report may not include information relating to the person's diagnosis 13
or treatment. 14
Section 2. That § 23-7-48 be AMENDED: 15
23-7-48. The attorney general shall transmit to the National Instant Criminal 16
Background Check System administered by the Federal Bureau of Investigation the name 17
and other identifying information of any: 18
(1) Any person who is prohibited from possessing a firearm under 18 U.S.C. 19
§ 922(g)(4) (January 1, 2026), because the: 20
(a) The person was acquitted of a crime by reason of insanity pursuant to 21
§ 23A-26-5, the; 22
(b) The person was determined to be incompetent to stand trial pursuant to 23
§ 23A-10A-4, or the; or 24
26.172.15 2 1114
Underscores indicate new language.
Overstrikes indicate deleted language.
(c) The person was involuntarily committed pursuant to chapter 27A-10 based 1
on a finding that the person is a danger to self , as defined in subdivision 2
27A-1-1(7)(a), or a danger to others, as defined in subdivision 27A-1-1(6); 3
and 4
(2) Any person who is ordered apprehended under § 27A-10-2 on the basis of a 5
petition for an involuntary commitment filed in accordance with § 27A-10-1. 6
Section 3. That a NEW SECTION be added to chapter 23-7: 7
The attorney general shall: 8
(1) Transmit any information received in accordance with § 23-7-48 to the National 9
Instant Criminal Background Check System within one working day; 10
(2) Provide a copy of the transmitted information described in subdivision 23-7-48(2) 11
to the individual who is the subject of the transmittal or to the individual's 12
guardian; 13
(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 15
after a period of eighteen months; and 16
(4) Provide to the individual who is the subject of the transmitted information or to the 17
individual's guardian, notice that the information has been removed from the 18
National Instant Criminal Background Check System, as provided for in subdivision 19
(3) of this section. 20
Section 4. That § 27A-10-24 be AMENDED: 21
27A-10-24. If the board of mental illness considers a petition for an involuntary 22
commitment filed in accordance with § 27A-10-1, regardless of whether the board orders 23
or denies an involuntary commitment based on a finding pursuant to § 27A-10-9.1 that 24
the person is a danger to self as defined in subdivision 27A-1-1(7)(a), or a danger to 25
others as defined in subdivision 27A-1-1(6), the chair of the board shall must report to 26
the attorney general for reporting to the National Instant Criminal Background Check 27
System the involuntarily committed person's name and other identifying information of 28
the person who was the subject of the petition . The chair shall submit the report to the 29
attorney general, in the manner and form prescribed by the attorney general, within seven 30
working days after the date of the final order of involuntary commitment within two hours 31
after the determination. The report may not include information relating to the person's 32
diagnosis or treatment. 33