HB 999 Weapons; carry license; inpatient hospitalization; provisions

Discussion in 'Current Bills' started by BG_Atl, Feb 23, 2018.

  1. BG_Atl

    BG_Atl Active Member

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    2017-2018 Regular Session - HB 999 Weapons; carry license; inpatient hospitalization; provisions
    http://www.legis.ga.gov/Legislation/en-US/display/20172018/HB/999


    Sponsored By
    (1) Coomer, Christian 14th(2) Cox, Clay 108th(3) Golick, Rich 40th
    (4) Burns, Jon 159th(5) Caldwell, Jr., Johnnie 131st

    Committees
    HC: Judiciary Non-Civil SC:

    First Reader Summary
    A BILL to be entitled an Act to amend Code Section 16-11-129 of the O.C.G.A., relating to weapons carry license, temporary renewal permit, mandamus, and verification of license, so as to clarify the type of hospitalization as an inpatient in any mental hospital that prohibits the issuance of a weapons carry license; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of the Georgia Crime Information Center; to amend Title 37 of the O.C.G.A., relating to mental health, so to require judicial notification to certain persons admitted to certain facilities of certain firearm prohibitions that attach to such admission; to provide for related matters; to repeal conflicting laws; and for other purposes.

    Status History
    Feb/22/2018 - House First Readers
    Feb/22/2018 - House Hopper
     
    UtiPossidetis likes this.
  2. UtiPossidetis

    UtiPossidetis American

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    Ok, the first change looks good. (J) goes from "hospitalization" to "involuntarily hospitalization" thereby apparently eliminating voluntary hospitalization from prohibiting a person.

    Section (e)(1) appears to restrict the GA Crime Information Center from sending in voluntary hospitalization records to NICS. (e)(2) updates language on which agency does what due to agency name chances.

    Adds (2.1) with various subsections spelling out relief processes for those who have been hospitalized, how the Court is to proceed, time lines, etc.

    (2.2)(A) allows Probate courts to hold a hearing to extend the 5 year period following any hospitalization. (C) bars prosecutors from using any evidence offered in the Probate hearings in any other matter unless discovered independently from the probate hearing.

    Section 3 (b) requires Probate Courts to notify any person so hospitalized about the potential impact on their subsequent rights.
     
    Last edited: Feb 25, 2018

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Disagree, but I want you to take another stab at it in case I am just reading it wrong or you wrote something slightly different from what you intended (it looks like you are saying the center can't report involuntary hospitalizations to NICS if this bill passes, is that what you actually meant?)
     
    UtiPossidetis likes this.
  4. UtiPossidetis

    UtiPossidetis American

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    Thanks for catching that, I believe I have not made my intent and words congruent.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I read it as limiting the amount of information to the name, that is, no mental health information, like diagnosis and so forth, just reporting to NICS necessary information, the name and involuntary hospitalization.
     
  6. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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  7. UtiPossidetis

    UtiPossidetis American

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    http://www.legis.ga.gov/Legislation/en-US/display/20172018/HB/999

    Bottom line for me is it updates some names of agencies. On the level of what does it functionally change - it eliminates the requirement that the data on hospitalizations be purged after 5 years have elapsed thereby allowing it to be kept in the database forever.

    All of the below appears with line through in the text of the bill:
    32 After five years have elapsed from the date that a person's involuntary hospitalization
    33 information has been received by the Georgia Crime Information Center, the center shall
    34 purge its records of such information as soon as practicable and in any event purge such
    35 records within 30 days after the expiration of such five-year period."