Senate File 456 - Reprinted SENATE FILE 456 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1183) (As Amended and Passed by the Senate March 15, 2011 ) 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 SF 456 (3) 84 rh/rj

S.F. 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 -1- SF 456 (3) 84 rh/rj 1/ 3

S.F. 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 35 -2- SF 456 (3) 84 rh/rj 2/ 3

S.F. 456 prior to the effective date of this Act, and which is available 1 electronically in the Iowa court information system. Such 2 information shall be forwarded to the department of public 3 safety, which in turn shall forward the information to the 4 federal bureau of investigation or its successor agency for 5 the sole purpose of inclusion in the national instant criminal 6 background check system database, as soon as practical, but not 7 later than December 31, 2011. Within five days of completion 8 of the forwarding of information required by this section of 9 this Act, the department of public safety shall give notice to 10 the Code editor that the requirements of this section of this 11 Act have been fulfilled. 12 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 13 immediate importance, takes effect upon enactment. 14 -3- SF 456 (3) 84 rh/rj 3/ 3