S.F. _____ H.F. _____ Section 1. Section 229.24, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. All Except as otherwise provided in this section, 3 all papers and records pertaining to any involuntary 4 hospitalization or application for involuntary hospitalization 5 of any person under this chapter, whether part of the permanent 6 record of the court or of a file in the department of human 7 services, are subject to inspection only upon an order of the 8 court for good cause shown. Nothing in this This section shall 9 not prohibit a hospital from complying with the requirements 10 of this chapter and of chapter 230 relative to financial 11 responsibility for the cost of care and treatment provided a 12 patient in that hospital, nor or from properly billing any 13 responsible relative or third-party payer for such care and 14 treatment. 15 Sec. 2. Section 229.24, Code 2009, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 4. The clerk of the district court shall 18 provide to the department of public safety notice of all 19 adjudications of persons involuntarily committed to a mental 20 institution for inpatient or outpatient or other appropriate 21 treatment by reason of serious mental impairment under this 22 chapter. This notice shall only be used by the department to 23 submit information to the national instant criminal background 24 check system maintained by the federal bureau of investigation 25 and shall otherwise remain confidential. 26 Sec. 3. NEW SECTION . 229.46 Application for relief from 27 federal firearms prohibitions. 28 1. A person who has been adjudicated seriously mentally 29 impaired under this chapter and, as a result of such 30 adjudication, is subject to a federal firearms prohibition 31 pursuant to 18 U.S.C. § 922(g)(4), may apply to the district 32 court for relief from the prohibition. The application for 33 relief must comply with all of the following: 34 a. Be filed no earlier than ten years from the adjudication 35 -1- LSB 5426DP (6) 83 rh/rj 1/ 6

S.F. _____ H.F. _____ of serious mental impairment. 1 b. State facts upon which relief is sought, including 2 that the applicant no longer suffers from the mental health 3 condition that was the basis for the adjudication. 4 c. Describe the treatment that has been received since the 5 adjudication including all sources of treatment. 6 2. A hearing on the application shall be held by the court 7 not less than forty-five days after the application has been 8 filed. The applicant shall have the burden of establishing the 9 facts which warrant granting the application. 10 3. The court shall receive evidence and shall consider the 11 circumstances regarding the firearms disability imposed by 18 12 U.S.C. § 922(g)(4), the applicant’s record, which must include, 13 at a minimum, mental health and criminal history records and 14 the applicant’s reputation developed through character witness 15 statements, testimony, or other character evidence. 16 4. If the court finds that the applicant will not be 17 likely to act in a manner dangerous to the public safety 18 and that granting relief will not be contrary to the public 19 interest, the court may grant such relief from federal firearms 20 disability. 21 5. If the court denies the application for relief, the 22 applicant may apply for de novo judicial review to the supreme 23 court. 24 6. Following denial of an application and the denial of all 25 subsequent appeals, a subsequent application for relief may be 26 filed no earlier than three years from the date of the order 27 denying the applicant’s previous application but only if new 28 facts are alleged to support the application. 29 Sec. 4. NEW SECTION . 724.31 Persons subject to mental and 30 substance abuse health-related orders, commitments, or findings 31 —— disabilities —— restoration of rights —— reports. 32 1. Subsequent to the issuance of a court order listed in 33 subsection 2, a court shall determine whether the person who is 34 the subject of the order is a person to whom the provisions of 35 -2- LSB 5426DP (6) 83 rh/rj 2/ 6

S.F. _____ H.F. _____ 18 U.S.C. § 922(d)(4) and (g)(4) apply, and if so, shall inform 1 the person of the applicable prohibitions and shall order 2 the person not to possess, receive, or transport or cause to 3 transport firearms or ammunition. The court shall also order 4 the person to make immediate arrangements for the disposition 5 of any firearms or ammunition owned or possessed by the person. 6 The clerk of the district court shall forward a copy of the 7 prohibition and disposition order to the department of public 8 safety, which in turn shall forward a copy of the order to the 9 federal bureau of investigation or its successor agency for 10 inclusion in the national instant criminal background check 11 system. 12 2. A court order that does any of the following is subject 13 to this section: 14 a. Orders commitment or treatment pursuant to section 15 125.84. 16 b. Orders commitment pursuant to section 222.31. 17 c. Orders commitment or treatment pursuant to section 18 229.14. 19 d. Finds a defendant incompetent to stand trial pursuant to 20 section 812.5. 21 3. a. A person who is the subject of a court order listed 22 in subsection 2 may petition the court that issued the order or 23 the court in the county where the person resides to cancel the 24 order and to restore the person’s right to possess, receive, 25 or transport or cause to transport firearms or ammunition. A 26 copy of the petition shall also be served on the director of 27 human services and the county attorney at the county attorney’s 28 office of the county in which the original order, commitment, 29 or finding occurred and the director or the county attorney may 30 appear, support, object to, and present evidence relevant to 31 the relief sought by the petitioner. In such a case, the court 32 shall receive evidence concerning all of the following: 33 (1) The circumstances surrounding the original issuance of 34 the prohibition and disposition order pursuant to subsection 1. 35 -3- LSB 5426DP (6) 83 rh/rj 3/ 6

S.F. _____ H.F. _____ (2) The petitioner’s mental health and criminal history. 1 (3) The petitioner’s reputation and character. 2 (4) Any changes in the petitioner’s condition or 3 circumstances relevant to the relief sought. 4 b. The court shall grant a petition filed pursuant to 5 paragraph “a” if the court finds by a preponderance of the 6 evidence that the petitioner will not be likely to act in a 7 manner dangerous to the person’s self or others and that the 8 granting of the relief would not be contrary to the public 9 interest. The petitioner may appeal a denial of the requested 10 relief and the review shall be de novo. A person may file a 11 petition for relief under this subsection not more than once 12 every two years. 13 c. If a court issues an order granting a petition for relief 14 under paragraph “b” , the clerk of the district court shall 15 immediately forward a copy of the order to the department of 16 public safety which, upon receipt, shall immediately forward a 17 copy of the order to the federal bureau of investigation or its 18 successor agency for inclusion in the national instant criminal 19 background check system. 20 Sec. 5. EFFECTIVE DATE. This Act takes effect January 1, 21 2011. 22 EXPLANATION 23 This bill relates to adjudications of persons with mental 24 illness and provides a delayed effective date. 25 The bill requires the clerk of the district court to provide 26 to the department of public safety notice of all adjudications 27 of persons involuntarily committed to a mental institution 28 for inpatient or outpatient or other appropriate treatment by 29 reason of serious mental impairment under Code chapter 229. 30 This notice shall only be used by the department to submit 31 information to the national instant criminal background check 32 system maintained by the federal bureau of investigation. 33 The bill provides that a person who has been adjudicated 34 seriously mentally impaired under Code chapter 229 and, as a 35 -4- LSB 5426DP (6) 83 rh/rj 4/ 6

S.F. _____ H.F. _____ result, is subject to a federal firearms prohibition under 1 federal law, may apply to the district court for relief from 2 such prohibition if certain requirements are met. 3 The bill provides that subsequent to a court order that 4 orders commitment or treatment pursuant to Code section 5 125.84 (chemical substance abuse), Code section 222.31 (mental 6 retardation), Code section 229.14 (mental health), or that 7 finds a defendant incompetent to stand trial pursuant to Code 8 section 812.5, a court shall make a finding as to whether 9 the person who is the subject of the order is subject to a 10 federal firearms prohibition under federal law (18 U.S.C. § 11 922(d)(4) or (g)(4)), and if so, shall inform the person of 12 the applicable prohibitions and shall order the person not to 13 possess, receive, or transport or cause to transport a firearm 14 or offensive weapon. The court shall also order the person to 15 make immediate arrangements for the disposition of any firearms 16 or ammunition owned or possessed by the person. The clerk of 17 the district court shall forward a copy of the order to the 18 department of public safety, which in turn shall forward a copy 19 of the order to the federal bureau of investigation or its 20 successor agency for inclusion in the national instant criminal 21 background check system. 22 A person who is the subject of any of the underlying orders 23 may petition the court that issued the order or the court in 24 the county where the person resides to cancel the order and to 25 restore the person’s right to possess, receive, or transport 26 or cause to transport a firearm or offensive weapon. A copy 27 of the petition shall also be served on the director of human 28 services and the county attorney at the county attorney’s 29 office of the county in which the original order, commitment, 30 or finding occurred and the director or the county attorney may 31 appear, support, object to, and present evidence relevant to 32 the relief sought by the petitioner. The court shall grant a 33 petition if the court finds by a preponderance of the evidence 34 that the petitioner will not be likely to act in a manner 35 -5- LSB 5426DP (6) 83 rh/rj 5/ 6

S.F. _____ H.F. _____ dangerous to the person’s self or others and that the granting 1 of the relief would not be contrary to the public interest. 2 The petitioner may appeal a denial of the requested relief and 3 the review shall be de novo. A person may file a petition for 4 relief not more than once every two years. When a court issues 5 an order granting a petition for relief, the clerk of the 6 district court shall immediately forward a copy of the order 7 to the department of public safety which, upon receipt, shall 8 immediately forward a copy of the order to the federal bureau 9 of investigation or its successor agency for inclusion in the 10 national instant criminal background check system. 11 The bill takes effect January 1, 2011. 12 -6- LSB 5426DP (6) 83 rh/rj 6/ 6