Senate
File
456
-
Introduced
SENATE
FILE
456
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1183)
A
BILL
FOR
An
Act
relating
to
persons
prohibited
from
possessing
or
1
receiving
firearms
because
of
mental
health
commitments
2
or
adjudications
and
to
petitions
for
relief
from
such
3
prohibitions,
and
including
effective
date
and
applicability
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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456
Section
1.
Section
724.31,
Code
2011,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
724.31
Persons
subject
to
firearm
disabilities
due
to
mental
3
health
commitments
or
adjudications
——
relief
from
disabilities
4
——
reports.
5
1.
When
a
court
issues
an
order
or
judgment
under
the
6
laws
of
this
state
by
which
a
person
becomes
subject
to
the
7
provisions
of
18
U.S.C.
§
922(d)(4)
and
(g)(4),
the
clerk
of
8
the
district
court
shall
forward
only
such
information
as
is
9
necessary
to
identify
the
person
to
the
department
of
public
10
safety,
which
in
turn
shall
forward
the
information
to
the
11
federal
bureau
of
investigation
or
its
successor
agency
for
12
the
sole
purpose
of
inclusion
in
the
national
instant
criminal
13
background
check
system
database.
The
clerk
of
the
district
14
court
shall
also
notify
the
person
of
the
prohibitions
imposed
15
under
18
U.S.C.
§
922(d)(4)
and
(g)(4).
16
2.
A
person
who
is
subject
to
the
disabilities
imposed
by
18
17
U.S.C.
§
922(d)(4)
and
(g)(4)
because
of
an
order
or
judgment
18
that
occurred
under
the
laws
of
this
state
may
petition
19
the
court
that
issued
the
order
or
judgment
or
the
court
20
in
the
county
where
the
person
resides
for
relief
from
the
21
disabilities
imposed
under
18
U.S.C.
§
922(d)(4)
and
(g)(4).
22
A
copy
of
the
petition
shall
also
be
served
on
the
director
of
23
human
services
and
the
county
attorney
at
the
county
attorney’s
24
office
of
the
county
in
which
the
original
order
occurred,
and
25
the
director
or
the
county
attorney
may
appear,
support,
object
26
to,
and
present
evidence
relevant
to
the
relief
sought
by
the
27
petitioner.
28
3.
The
court
shall
receive
and
consider
evidence
in
a
closed
29
proceeding,
including
evidence
offered
by
the
petitioner,
30
concerning
all
of
the
following:
31
a.
The
circumstances
surrounding
the
original
issuance
of
32
the
order
or
judgment
that
resulted
in
the
firearm
disabilities
33
imposed
by
18
U.S.C.
§
922(d)(4)
and
(g)(4).
34
b.
The
petitioner’s
record,
which
shall
include,
at
a
35
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456
minimum,
the
petitioner’s
mental
health
records
and
criminal
1
history
records,
if
any.
2
c.
The
petitioner’s
reputation,
developed,
at
a
minimum,
3
through
character
witness
statements,
testimony,
and
other
4
character
evidence.
5
d.
Any
changes
in
the
petitioner’s
condition
or
6
circumstances
since
the
issuance
of
the
original
order
or
7
judgment
that
are
relevant
to
the
relief
sought.
8
4.
The
court
shall
grant
a
petition
for
relief
filed
9
pursuant
to
subsection
2
if
the
court
finds
by
a
preponderance
10
of
the
evidence
that
the
petitioner
will
not
be
likely
to
11
act
in
a
manner
dangerous
to
the
public
safety
and
that
the
12
granting
of
the
relief
would
not
be
contrary
to
the
public
13
interest.
A
record
shall
be
kept
of
the
proceedings,
but
the
14
record
shall
remain
confidential
and
shall
be
disclosed
only
to
15
a
court
in
the
event
of
an
appeal.
The
petitioner
may
appeal
16
a
denial
of
the
requested
relief,
and
review
on
appeal
shall
17
be
de
novo.
A
person
may
file
a
petition
for
relief
under
18
subsection
2
not
more
than
once
every
two
years.
19
5.
If
a
court
issues
an
order
granting
a
petition
for
relief
20
filed
pursuant
to
subsection
2,
the
clerk
of
the
court
shall
21
immediately
notify
the
department
of
public
safety
of
the
22
order
granting
relief
under
this
section.
The
department
of
23
public
safety
shall,
as
soon
thereafter
as
is
practicable
but
24
not
later
than
ten
business
days
thereafter,
update,
correct,
25
modify,
or
remove
the
petitioner’s
record
in
any
database
that
26
the
department
of
public
safety
makes
available
to
the
national
27
instant
criminal
background
check
system
and
shall
notify
the
28
United
States
department
of
justice
that
the
basis
for
such
29
record
being
made
available
no
longer
applies.
30
Sec.
2.
APPLICABILITY.
The
state
court
administrator
shall
31
coordinate
with
the
department
of
public
safety
to
forward
32
only
such
information
as
is
necessary
to
identify
a
person
33
subject
to
an
order
or
judgment
specified
in
section
724.31,
34
subsection
2,
for
any
such
order
or
judgment
that
was
issued
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prior
to
January
1,
2011,
and
which
is
available
electronically
1
in
the
Iowa
court
information
system.
Such
information
shall
2
be
forwarded
to
the
department
of
public
safety,
which
in
3
turn
shall
forward
the
information
to
the
federal
bureau
of
4
investigation
or
its
successor
agency
for
the
sole
purpose
of
5
inclusion
in
the
national
instant
criminal
background
check
6
system
database,
as
soon
as
practical,
but
not
later
than
four
7
months
after
the
effective
date
of
this
Act.
Within
five
days
8
of
completion
of
the
forwarding
of
information
required
by
this
9
section
of
this
Act,
the
department
of
public
safety
shall
give
10
notice
to
the
Code
editor
that
the
requirements
of
this
section
11
of
this
Act
have
been
fulfilled.
12
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
13
immediate
importance,
takes
effect
upon
enactment.
14
EXPLANATION
15
This
bill
relates
to
persons
prohibited
from
possessing
16
or
receiving
firearms
because
of
mental
health
commitments
17
or
adjudications
and
to
petitions
for
relief
from
such
18
prohibitions,
and
including
effective
date
and
applicability
19
provisions.
20
The
bill
provides
that
when
a
court
issues
an
order
or
21
judgment
by
which
a
person
becomes
subject
to
the
provisions
22
of
18
U.S.C.
§
922(d)(4)
and
(g)(4),
the
clerk
of
the
district
23
court
shall
forward
only
such
information
as
is
necessary
to
24
identify
the
person
to
the
department
of
public
safety,
which
25
in
turn
shall
forward
the
information
to
the
federal
bureau
26
of
investigation
for
the
sole
purpose
of
inclusion
in
the
27
national
instant
criminal
background
check
system
database.
A
28
person
who
is
subject
to
the
disabilities
imposed
by
18
U.S.C.
29
§
922(d)(4)
and
(g)(4)
because
of
an
order
or
judgment
may
30
petition
the
court
that
issued
the
order
or
judgment
or
the
31
court
in
the
county
where
the
person
resides
to
remove
the
32
disabilities
imposed
under
18
U.S.C.
§
922(d)(4)
and
(g)(4).
33
The
court
shall
receive
and
consider
evidence
in
a
closed
34
proceeding,
including
evidence
offered
by
the
petitioner,
35
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456
concerning
all
of
the
following
circumstances
surrounding
1
the
original
issuance
of
the
order
or
judgment
that
resulted
2
in
the
firearm
disabilities
imposed
by
18
U.S.C.
§
922(d)(4)
3
and
(g)(4),
the
petitioner’s
record,
including,
at
a
minimum,
4
the
petitioner’s
mental
health
records
and
criminal
history
5
records,
if
any,
the
petitioner’s
reputation,
developed,
at
a
6
minimum,
through
character
witness
statements,
testimony,
and
7
other
character
evidence,
and
any
changes
in
the
petitioner’s
8
condition
or
circumstances
since
the
issuance
of
the
original
9
order
or
judgment
that
are
relevant
to
the
relief
sought.
10
The
bill
provides
that
the
court
shall
grant
a
petition
for
11
relief
if
the
court
finds
by
a
preponderance
of
the
evidence
12
that
the
petitioner
will
not
be
likely
to
act
in
a
manner
13
dangerous
to
the
public
safety
and
that
the
granting
of
the
14
relief
would
not
be
contrary
to
the
public
interest.
A
record
15
shall
be
kept
of
the
proceedings,
but
the
record
shall
remain
16
confidential
and
shall
be
disclosed
only
to
a
court
in
the
17
event
of
an
appeal.
The
petitioner
may
appeal
a
denial
of
the
18
requested
relief,
and
review
on
appeal
shall
be
de
novo.
A
19
person
may
file
a
petition
for
relief
under
the
bill
not
more
20
than
once
every
two
years.
If
a
court
issues
an
order
granting
21
a
petition
for
relief,
the
clerk
of
the
court
is
required
22
to
immediately
notify
the
department
of
public
safety
of
the
23
order
granting
relief
and
the
department
of
public
safety
is
24
required,
as
soon
thereafter
as
is
practicable
but
not
later
25
than
10
business
days
thereafter,
to
update,
correct,
modify,
26
or
remove
the
petitioner’s
record
in
any
database
that
the
27
department
of
public
safety
makes
available
to
the
national
28
instant
criminal
background
check
system
and
shall
notify
the
29
United
States
department
of
justice
that
the
basis
for
such
30
record
being
made
available
no
longer
applies.
31
The
bill
further
provides
that
the
state
court
administrator
32
shall
coordinate
with
the
department
of
public
safety
to
33
forward
only
such
information
as
is
necessary
to
identify
a
34
person
subject
to
an
order
or
judgment
specified
in
the
bill,
35
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S.F.
456
for
any
such
order
or
judgment
that
was
issued
prior
to
January
1
1,
2011,
and
which
is
available
electronically
in
the
Iowa
2
court
information
system.
Such
information
shall
be
forwarded
3
to
the
department
of
public
safety,
which
in
turn
shall
forward
4
the
information
to
the
federal
bureau
of
investigation
or
its
5
successor
agency
for
the
sole
purpose
of
inclusion
in
the
6
national
instant
criminal
background
check
system
database,
as
7
soon
as
practical,
but
not
later
than
four
months
after
the
8
effective
date
of
the
bill.
Within
five
days
of
completion
of
9
the
forwarding
of
information
required
by
this
section
of
this
10
bill,
the
department
of
public
safety
shall
give
notice
to
the
11
Code
editor
that
the
requirements
of
this
section
of
this
bill
12
have
been
fulfilled.
13
The
bill
takes
effect
upon
enactment.
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