PRIOR PRINTER'S NO. 1225
PRINTER'S NO. 2579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1157
Session of
2023
INTRODUCED BY SCOTT, PROBST, GUENST, GIRAL, KINKEAD, SANCHEZ,
HILL-EVANS, PARKER, MADDEN, HADDOCK, FRANKEL, FLEMING, OTTEN,
CERRATO, GREEN, KHAN, A. BROWN AND ABNEY, MAY 18, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 6, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for LICENSES AND FOR Pennsylvania
State Police.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111.1(f)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
SECTION 1. SECTION 6109(I.1)(2) OF TITLE 18 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 6109. LICENSES.
* * *
(I.1) NOTICE TO SHERIFF.--NOTWITHSTANDING ANY STATUTE TO THE
CONTRARY:
* * *
(2) UPON ADJUDICATION THAT A PERSON IS INCOMPETENT OR
UPON THE INVOLUNTARY COMMITMENT OF A PERSON TO A MENTAL
INSTITUTION FOR INPATIENT CARE AND TREATMENT UNDER THE ACT OF
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JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE MENTAL HEALTH
PROCEDURES ACT, OR UPON INVOLUNTARY TREATMENT OF A PERSON AS
DESCRIBED UNDER SECTION 6105(C)(4), THE JUDGE OF THE COURT OF
COMMON PLEAS, MENTAL HEALTH REVIEW OFFICER OR COUNTY MENTAL
HEALTH AND MENTAL RETARDATION ADMINISTRATOR SHALL NOTIFY THE
SHERIFF OF THE COUNTY IN WHICH THAT PERSON RESIDES, ON A FORM
DEVELOPED BY THE PENNSYLVANIA STATE POLICE, OF THE IDENTITY
OF THE PERSON WHO HAS BEEN ADJUDICATED, COMMITTED OR TREATED
AND THE NATURE OF THE ADJUDICATION, COMMITMENT OR TREATMENT.
THE NOTIFICATION SHALL BE TRANSMITTED BY THE JUDGE, MENTAL
HEALTH REVIEW OFFICER OR COUNTY MENTAL HEALTH AND MENTAL
RETARDATION ADMINISTRATOR WITHIN [SEVEN] FOUR DAYS OF THE
ADJUDICATION, COMMITMENT OR TREATMENT.
* * *
SECTION 2. SECTION 6111.1(F)(1) AND (2) OF TITLE 18 ARE
AMENDED AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO
READ:
§ 6111.1. Pennsylvania State Police.
* * *
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
* * *
(1) NOTWITHSTANDING ANY STATUTE TO THE CONTRARY, JUDGES
OF THE COURTS OF COMMON PLEAS SHALL NOTIFY THE PENNSYLVANIA
STATE POLICE IN WRITING OR ELECTRONICALLY, ON A FORM
DEVELOPED BY THE PENNSYLVANIA STATE POLICE, OF:
(I) THE IDENTITY OF ANY INDIVIDUAL WHO HAS BEEN
ADJUDICATED AS AN INCOMPETENT OR AS A MENTAL DEFECTIVE OR
WHO HAS BEEN INVOLUNTARILY COMMITTED TO A MENTAL
INSTITUTION UNDER THE ACT OF JULY 9, 1976 (P.L.817,
20230HB1157PN2579 - 2 -
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NO.143), KNOWN AS THE MENTAL HEALTH PROCEDURES ACT, OR
WHO HAS BEEN INVOLUNTARILY TREATED AS DESCRIBED IN
SECTION 6105(C)(4) (RELATING TO PERSONS NOT TO POSSESS,
USE, MANUFACTURE, CONTROL, SELL OR TRANSFER FIREARMS) OR
AS DESCRIBED IN 18 U.S.C. § 922(G)(4) (RELATING TO
UNLAWFUL ACTS) AND ITS IMPLEMENTING FEDERAL REGULATIONS;
AND
(II) ANY FINDING OF FACT OR COURT ORDER RELATED TO
ANY PERSON DESCRIBED IN 18 U.S.C. § 922(G)(3).
(1.1) THE PENNSYLVANIA STATE POLICE SHALL DEVELOP AND
IMPLEMENT, WITHIN 10 MONTHS OF THE EFFECTIVE DATE OF THIS
PARAGRAPH, AN ELECTRONIC VERSION OF THE FORM DESCRIBED UNDER
PARAGRAPH (1).
(2) The notification shall be transmitted by the judge
to the Pennsylvania State Police [within seven days of]
between 72 and 96 hours after WITHIN FOUR DAYS OF the
adjudication, commitment or treatment.
* * *
Section 2. This act shall take effect in 60 days.
SECTION 3. SO MUCH OF SECTION 108(D) OF THE ACT OF JULY 9,
1976 (P.L.817, NO.143), KNOWN AS THE MENTAL HEALTH PROCEDURES
ACT, AS RELATES TO THE TIME PERIOD FOR TRANSMISSION OF
NOTIFICATION IS REPEALED TO THE EXTENT OF ANY INCONSISTENCY WITH
THIS ACT.
SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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