PRINTER'S NO. 579
No. 531 Session of 2005
INTRODUCED BY FORCIER, BENNINGHOFF, CALTAGIRONE, ELLIS, LEH AND
ROHRER, FEBRUARY 15, 2005
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 15, 2005
AN ACT
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 related
6 repeal.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 6105(c)(4) and 6111.1(f), (g) and (k) of
10 Title 18 of the Pennsylvania Consolidated Statutes are amended
11 to read:
12 § 6105. Persons not to possess, use, manufacture, control, sell
13 or transfer firearms.
14 * * *
15 (c) Other persons.--In addition to any person who has been
16 convicted of any offense listed under subsection (b), the
17 following persons shall be subject to the prohibition of
18 subsection (a):
19 * * *
1 (4) A person who has been adjudicated as an incompetent
2 or who has been involuntarily committed to a mental
3 institution for inpatient care and treatment under section
4 [302,] 303 or 304 of the provisions of the act of July 9,
5 1976 (P.L.817, No.143), known as the Mental Health Procedures
6 Act. [This paragraph shall not apply to any proceeding under
7 section 302 of the Mental Health Procedures Act unless the
8 examining physician has issued a certification that inpatient
9 care was necessary or that the person was committable.]
10 * * *
11 § 6111.1. Pennsylvania State Police.
12 * * *
13 (f) Notification of mental health commitment.--
14 Notwithstanding any statute to the contrary, judges of the
15 courts of common pleas shall notify the Pennsylvania State
16 Police on a form developed by the Pennsylvania State Police of
17 the identity of any individual who has been adjudicated
18 incompetent or who has been [involuntarily committed to a mental
19 institution for inpatient care and treatment under the act of
20 July 9, 1976 (P.L.817, No.143), known as the Mental Health
21 Procedures Act, or who has been] involuntarily treated as
22 described in section 6105(c)(4) (relating to persons not to
23 possess, use, manufacture, control, sell or transfer firearms).
24 The notification shall be transmitted by the judge to the
25 Pennsylvania State Police within seven days of the adjudication,
26 commitment or treatment.
27 (g) Review by court.--
28 (1) Upon receipt of a copy of the order of a court of
29 competent jurisdiction which vacates a final order or an
30 involuntary certification issued by a mental health review
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1 officer, the Pennsylvania State Police shall expunge all
2 records of the involuntary treatment received under
3 subsection (f).
4 [(2) A person who is involuntarily committed pursuant to
5 section 302 of the Mental Health Procedures Act may petition
6 the court to review the sufficiency of the evidence upon
7 which the commitment was based. If the court determines that
8 the evidence upon which the involuntary commitment was based
9 was insufficient, the court shall order that the record of
10 the commitment submitted to the Pennsylvania State Police be
11 expunged. A petition filed under this subsection shall toll
12 the 60-day period set forth under section 6105(a)(2).
13 (3) The Pennsylvania State Police shall expunge all
14 records of an involuntary commitment of an individual who is
15 discharged from a mental health facility based upon the
16 initial review by the physician occurring within two hours of
17 arrival under section 302(b) of the Mental Health Procedures
18 Act and the physician's determination that no severe mental
19 disability existed pursuant to section 302(b) of the Mental
20 Health Procedures Act. The physician shall provide signed
21 confirmation of the determination of the lack of severe
22 mental disability following the initial examination under
23 section 302(b) of the Mental Health Procedures Act to the
24 Pennsylvania State Police.]
25 * * *
26 (k) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection:
29 "Firearm." The term shall have the same meaning as in
30 section 6111.2 (relating to firearm sales surcharge).
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1 ["Physician." Any licensed psychiatrist or clinical
2 psychologist as defined in the act of July 9, 1976 (P.L.817,
3 No.143), known as the Mental Health Procedures Act.]
4 Section 2. Section 109(d) of the act of July 9, 1976
5 (P.L.817, No.143), known as the Mental Health Procedures Act, is
6 repealed insofar as it relates to the required reporting of
7 individuals involuntarily committed or treated pursuant to
8 section 302 of that act.
9 Section 3. On the effective date of this section, the
10 Pennsylvania State Police shall expunge all records of
11 involuntary treatment or commitment pursuant to section 302 of
12 the act of July 9, 1976 (P.L.817, No.143), known as the Mental
13 Health Procedures Act.
14 Section 4. This act shall take effect in 30 days.
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