SB 203-FN - AS INTRODUCED
2003 SESSION
09/01
SENATE BILL 203-FN
AN ACT requiring the New Hampshire court system to automate mental health records to comply with federal law prohibiting possession of firearms by certain persons.
SPONSORS: Sen. Larsen, Dist 15; Sen. Foster, Dist 13; Rep. Pepino, Hills 51; Rep. Hunter, Hills 48; Rep. Pilliod, Belk 31
This bill requires the New Hampshire court system to immediately notify the National Instant Criminal Background Check System (NICS) of mental health records, in order to comply with federal law which prohibits any person who has been adjudicated as a mental defective or has been committed to a mental institution from possessing a firearm.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-1172
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT requiring the New Hampshire court system to automate mental health records to comply with federal law prohibiting possession of firearms by certain persons.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Automation of Mental Health Records. Amend RSA by inserting after chapter 159-D the following new chapter:
CHAPTER 159-E
AUTOMATION OF MENTAL HEALTH RECORDS
159-E:1 Notice: To ensure compliance with section 922(g)(4) of Title 18 of the United States Code, which prohibits any person who has been adjudicated as a mental defective or who has been committed to a mental institution from possessing a firearm, the New Hampshire court system shall immediately notify the National Instant Criminal Background Check System (NICS) when a person is found not competent to stand trial pursuant to RSA 171-B or RSA 135:17-a due to mental disease or defect, or is involuntarily committed to a community health program in this state pursuant to RSA 135-C:27-33 or RSA 135-C:34-54, or has a guardian appointed pursuant to RSA 464-A.
159-E:2 Confidentiality.
I. All information provided to NICS, pursuant to RSA 159-E:1, shall be confidential, and shall be used only to determine eligibility to purchase or possess firearms.
II. Any information concerning any person shall be destroyed upon receipt by the court if an order is issued by the court finding that probable cause did not exist for the involuntary confinement pursuant to RSA 135-C:31 or RSA 135-C:45, or the guardianship has been terminated pursuant to RSA 464-A:39.
2 Effective Date. This act shall take effect January 1, 2004.
LBAO
03-1172
1/22/03
SB 203-FN - FISCAL NOTE
AN ACT requiring the New Hampshire court system to automate mental health records to comply with federal law prohibiting possession of firearms by certain persons.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2003 through 2007.