Bill Text: NY A07046 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires a recent psychiatric evaluation of a petitioner seeking relief from firearms disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A07046 Detail]
Download: New_York-2013-A07046-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7046 2013-2014 Regular Sessions I N A S S E M B L Y April 30, 2013 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Judiciary AN ACT to amend the judiciary law and the mental hygiene law, in relation to requiring a recent psychiatric evaluation of a petitioner seeking relief from firearms disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (q) of subdivision 2 of section 212 of the judi- 2 ciary law, as amended by chapter 1 of the laws of 2013, is amended to 3 read as follows: 4 (q) (I) Adopt rules to require transmission, to the criminal justice 5 information services division of the federal bureau of investigation or 6 to the division of criminal justice services, of the name and other 7 identifying information of each person who has a guardian appointed for 8 him or her pursuant to any provision of state law, based on a determi- 9 nation that as a result of marked subnormal intelligence, mental 10 illness, incapacity, condition or disease, he or she lacks the mental 11 capacity to contract or manage his or her own affairs. Any such records 12 transmitted directly to the federal bureau of investigation must also be 13 transmitted to the division of criminal justice services, and any 14 records received by the division of criminal justice services pursuant 15 to this paragraph may be checked against the statewide license and 16 record database. 17 (II) ADOPT RULES TO ESTABLISH A RELIEF FROM DISABILITIES PROGRAM FOR 18 THOSE INDIVIDUALS WHO HAVE HAD GUARDIANS APPOINTED FOR THEM AND WHO 19 WOULD OTHERWISE BE PROHIBITED FROM PURCHASING OR POSSESSING FIREARMS AS 20 A RESULT OF TRANSMISSION OF INFORMATION PURSUANT TO SUBPARAGRAPH (I) OF 21 THIS PARAGRAPH. SUCH RULES SHALL REQUIRE SUBMISSION OF A RECENT PSYCHI- 22 ATRIC EVALUATION OF THE PETITIONER FOR SUCH RELIEF BY A QUALIFIED 23 PSYCHIATRIST, UNLESS THE PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT 24 THE ORIGINAL DISQUALIFICATION WAS ISSUED IN ERROR. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10530-01-3 A. 7046 2 1 S 2. Subdivision (j) of section 7.09 of the mental hygiene law, as 2 amended by chapter 1 of the laws of 2013, is amended to read as follows: 3 (j) (1) The commissioner, in cooperation with other applicable state 4 agencies, shall collect, retain or modify data or records, and shall 5 transmit such data or records: (i) to the division of criminal justice 6 services, or to the criminal justice information services division of 7 the federal bureau of investigation, for the purposes of responding to 8 queries to the national instant criminal background check system regard- 9 ing attempts to purchase or otherwise take possession of firearms, as 10 defined in 18 USC 921(a)(3), in accordance with applicable federal laws 11 or regulations, or (ii) to the division of criminal justice services, 12 which may re-disclose such data and records only for determining whether 13 a license issued pursuant to section 400.00 of the penal law should be 14 denied, suspended or revoked, under subdivision eleven of such section, 15 or for determining whether a person is no longer permitted under federal 16 or state law to possess a firearm. Such records, which may not be used 17 for any other purpose, shall include only names and other non-clinical 18 identifying information of persons who have been involuntarily committed 19 to a hospital pursuant to article nine of this chapter, or section four 20 hundred two or subdivision two of section five hundred eight of the 21 correction law, or article seven hundred thirty or section 330.20 of the 22 criminal procedure law or sections 322.2 or 353.4 of the family court 23 act, or to a secure treatment facility pursuant to article ten of this 24 chapter. 25 (2) The commissioner shall establish within the office of mental 26 health an administrative process to permit a person who has been or may 27 be disqualified from possessing such a firearm pursuant to 18 USC 28 922(4)(d) or who has been or may be disqualified from continuing to have 29 a license to carry, possess, repair, or dispose of a firearm under 30 section 400.00 of the penal law because such person was involuntarily 31 committed or civilly confined to a facility under the jurisdiction of 32 the commissioner, to petition for relief from that disability where such 33 person's record and reputation are such that such person will not be 34 likely to act in a manner dangerous to public safety and where the 35 granting of the relief would not be contrary to public safety. The 36 commissioner shall promulgate regulations to establish the relief from 37 disabilities program, which shall include, but not be limited to, 38 provisions providing for: (i) an opportunity for a disqualified person 39 to petition for relief in writing; (ii) SUBMISSION OF A RECENT PSYCHIAT- 40 RIC EVALUATION OF THE PETITIONER BY A QUALIFIED PSYCHIATRIST, UNLESS THE 41 PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT THE ORIGINAL DISQUALI- 42 FICATION WAS ISSUED IN ERROR; (III) the authority for the agency to 43 require that the petitioner undergo a clinical evaluation and risk 44 assessment; and [(iii)] (IV) a requirement that the agency issue a deci- 45 sion in writing explaining the reasons for a denial or grant of relief. 46 The denial of a petition for relief from disabilities may be reviewed de 47 novo pursuant to the proceedings under article seventy-eight of the 48 civil practice law and rules. 49 S 3. Subdivision (g) of section 13.09 of the mental hygiene law, as 50 amended by chapter 1 of the laws of 2013, is amended to read as follows: 51 (g) (1) The commissioner, in cooperation with other applicable state 52 agencies, shall collect, retain or modify data or records, and shall 53 transmit such data or records to: (i) the division of criminal justice 54 services, or to the criminal justice information services division of 55 the federal bureau of investigation, for the purposes of responding to 56 queries to the national instant criminal background check system regard- A. 7046 3 1 ing attempts to purchase or otherwise take possession of firearms, as 2 defined in 18 USC 921(a)(3), in accordance with applicable federal laws 3 or regulations, or (ii) to the division of criminal justice services, 4 for the purposes of determining whether a license issued pursuant to 5 section 400.00 of the penal law should be denied, suspended or revoked, 6 under subdivision eleven of such section, or for determining whether a 7 person is no longer permitted under federal or state law to possess a 8 firearm. Such records shall include only names and other non-clinical 9 identifying information of persons who have had a guardian appointed for 10 them pursuant to any provision of state law, based on a determination 11 that as a result of marked subnormal intelligence, mental illness, inca- 12 pacity, condition or disease, they lack the mental capacity to contract 13 or manage their own affairs, and persons who have been involuntarily 14 committed to a facility pursuant to article fifteen of this chapter, or 15 article seven hundred thirty or section 330.20 of the criminal procedure 16 law or sections 322.2 or 353.4 of the family court act. 17 (2) The commissioner shall establish within the office for people with 18 developmental disabilities an administrative process to permit a person 19 who has been or may be disqualified from possessing such a firearm 20 pursuant to 18 USC 922(4)(d), or who has been or may be disqualified 21 from continuing to have a license to carry, possess, repair, or dispose 22 of a firearm under section 400.00 of the penal law because such person 23 was involuntarily committed or civilly confined to a facility under the 24 jurisdiction of the commissioner, to petition for relief from that disa- 25 bility where such person's record and reputation are such that such 26 person will not be likely to act in a manner dangerous to public safety 27 and where the granting of the relief would not be contrary to public 28 safety. The commissioner shall promulgate regulations to establish the 29 relief from disabilities program, which shall include, but not be limit- 30 ed to, provisions providing for: (i) an opportunity for a disqualified 31 person to petition for relief in writing; (ii) SUBMISSION OF A RECENT 32 PSYCHIATRIC EVALUATION OF THE PETITIONER BY A QUALIFIED PSYCHIATRIST, 33 UNLESS THE PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT THE ORIGINAL 34 DISQUALIFICATION WAS ISSUED IN ERROR; (III) the authority for the agency 35 to require that the petitioner undergo a clinical evaluation and risk 36 assessment; and [(iii)] (IV) a requirement that the agency issue a deci- 37 sion in writing explaining the reasons for a denial or grant of relief. 38 The denial of a petition for relief from disabilities may be reviewed de 39 novo pursuant to the proceedings under article seventy-eight of the 40 civil practice law and rules. 41 S 4. This act shall take effect on the first of January next succeed- 42 ing the date upon which it shall have become a law.