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DE HB302

Bill

Status

Passed

4/30/2018

Primary Sponsor

David Bentz

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

HB 302 Summary

  • Prohibits firearm and ammunition possession by individuals involuntarily committed for mental health conditions under Title 16 Chapter 50, those found not guilty by reason of insanity or guilty but mentally ill for crimes of violence, and those found mentally incompetent to stand trial for crimes of violence, unless they demonstrate they are no longer prohibited under a Relief from Disabilities Board determination.

  • Establishes a civil process allowing law enforcement agencies to petition Justice of the Peace Court for emergency firearm relinquishment orders when an individual is reported as dangerous to self or others, with subsequent Superior Court proceedings requiring clear and convincing evidence to maintain the order.

  • Creates a Relief from Disabilities Board consisting of 3 members (one appointed by Secretary of Safety and Homeland Security, two by Secretary of Health and Social Services including a licensed psychiatrist) to consider petitions from individuals seeking to restore firearm rights.

  • Authorizes mental health providers to disclose confidential patient communications to law enforcement if the provider concludes the patient is dangerous to self or others, and protects providers from civil or criminal liability for such disclosures made in good faith.

  • Takes effect 6 months after enactment and is titled the "Beau Biden Gun Violence Prevention Act."

Legislative Description

An Act To Amend Title 11 And Title 16 Of The Delaware Code Relating To Individuals With Mental Illness.

Last Action

Signed by Governor

4/30/2018

Committee Referrals

Judicial & Community Affairs3/28/2018
Administration3/6/2018

Full Bill Text

No bill text available