Firearm background checks-mental health records.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0402

SENATE FILE
NO.

SF0111

Firearm background checks-mental health records.

Sponsored by:
Senator(s) Emerich and Representative(s) Gingery

A BILL

for

AN ACT relating to
public safety; requiring the div
ision of criminal investigation
to collect and disclose
specified
mental health information relevant to firearm background checks; imposing a duty upon state agencies to report specified mental health information; providing for limited liability as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S.
9
‑
1
‑
611(
b) by creating new paragraph (iv), 9
‑
1
‑
624(a) by creating
a
new paragraph (v) and by creating new subsections (c) through (g), 25
‑
5
‑
132(a) and 25
‑
10
‑
121 are amended to read:

9
‑
1
‑
611.

Division of criminal investigation; created; definitions; director; appointment; qualifications.

(b)

As used in this act:

(iv)

"Mental health
prohibitor
information
" means
information which establishes the existence of mental health
circumstances which prohi
bit
a person from participating in the
sale or transfer of
a firearm
under
the
Gun Control Act of 1968, title 18
,

U.S.C.
, chapter 44 and
Brady Handgun Vi
olence Prevention Act of 1993,
P.L.
103-159,
together with
their implementing regulations.
These circumstances include
being
involuntar
il
y
committed
to a mental institution,
b
eing
f
ound incompetent to stand trial or not g
uilty by reason of insanity, being
adjudicated as having a serious mental condition that present
s
a danger to
others or to the
diagnosed
person
or being
found
incapable of managing
personal
affairs.

9
‑
1
‑
624.

Division of criminal investigation; uniform procedures and forms for collecting and disseminating identification data
;
collection and dissemination of mental health
prohibitor
information;
agencies to cooperate
.

(a)

The division shall:

(v)

Provide a system for collecting and reporting mental health
prohibitor
information to the federal bureau of
investigation for use with the national instant criminal background check s
ystem to the extent necessary to allow the federal bureau of investigation to collect and maintain a list of persons who are prohibited by federal law from engaging in
a sale or transfer of
firearms.

(c)

All
departments,
agencies and subdivisions of the state
government
, including all courts in the state of Wyoming,

and all counties, municipalities
and political subdivisions thereof,
shall cooperate with the division in submitting mental health
prohibitor
information to the division
in a format required by the division and
consistent with deadlines established by the division.
The information submitted shall include any order or other evidence establishing that a person is no longer subject to a mental health
prohibitor
or that a person has otherwise been granted relief from any mental health
prohibitor
.
No information submitted
to the division shall include
any underlying diagnoses
or
treatment
detail not used by the
federal b
ureau of investigation for the national instant criminal background check s
ystem
.

(d)

Upon written request by
a person whose information has been
disclosed, t
he division shall
identify
to the requestor
all
mental health
prohibitor

information submitted
to the federal bureau of investigation
about the requestor
.

(e
)

All information collected by the
division
under paragraph (a
)(
v
) of this section shall be confidential information and, except as otherwise provided by this section or other state law, shall not co
nstitute a public record and shall
not be disseminated.

(f)

The division shall establish by rule a procedure to correct mental health
prohibitor

information
collected by the
division
and transmit the corrected information
to the federal bureau of investigation

when any person submits to the
division
a judicial order or other proof which establishes that a record
previously
submitted to the federal bureau of investigation is not correct, that a person is no longer subject to a mental health
prohibitor

or that a person has otherw
ise been granted relief from a
mental health
prohibitor
.

(g)

A person authorized by this section to disseminate mental health
prohibitor
information
, including information which indicates that a person is not subject to a mental health
prohibitor
,
is not civilly or criminally liable for contributing or for disseminating
the information
to authorized persons
.

25
‑
5
‑
132.

No determination of incompetency; notification of rights; deniable rights and conditions therefor; undeniable rights
.

(a)

Other than for the purpose of collecting and disseminating information as required by W.S. 9
‑
1
‑
624
,

if relevant to the
operation
of the
Gun Control Act of 1968, title 18
,
U
.
S
.
C
.
, chapter 44 and
Brady Handgun Violence Prevention Act of 1993,
P.L.
103-159, and their
implementing regulations,
t
he determination that a person is eligible for admission to the center is not a determination or adjudication that the person is incompetent.

25
‑
10
‑
121.

Admission not to create presumption as to competency nor ground for guardianship
.

A
dmission to a hospital under this act shall not create any presumption with respect to the patient's mental or legal competency to exercise civil, contractual or other rights for which a legal standard of competency exists. Admission to a hospital under this act is not sufficient cause for guardianship of the person or estate of any patient.
Nothing in this section shall prevent
the s
ubmission and disclosure of
mental health
prohibitor
information
as
required by W.
S. 9
‑
1
‑
624.

Section 2.

This act is effective July 1, 2014.

(END)

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SF0111